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City Council Packet - 05/14/2019
City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: May 14, 2019 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tigard-or.gov/city hall/council meeting.oho CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. iity of Tigard TIGARETigard Business Meeting—Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: May 14,2019 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. TVF&R MESSAGE FROM FIRE CHIEF DUYCK AND INTRODUCTION OF INCOMING FIRE CHIEF WEISS 6:30 p.m. estimated time B. DISCUSS REVISIONS TO TMC CHAPTER 11.04 SOLID WASTE MANAGEMENT 6:35 p.m. estimated time C. EXECUTIVE SESSION:The Town Center Development Agency will go into Executive Session to discuss exempt public records under ORS 192.660(2) (f).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. 6:50 p.m. estimated time D. TCDA-REVIEW OF DEVELOPMENT ASSISTANCE AGREEMENT FOR 72ND AVENUE AND DARTMOUTH MIXED-USE 6:55 p.m. estimated time E. COUNCIL LIAISON REPORTS 7:10 p.m. estimated time 7:30 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. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Update from Police Chief McAlpine D. Tigard Area Chamber of Commerce E. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) The Consent Agenda is used for routine items such as approval of minutes,receipt of council meeting calendars, proclamations, appointments to boards and committees and approval of contracts or intergovernmental agreements with partner agencies. Detailed information on each item is available on the city's website in the packet for this meeting and in a binder at the front of Town Hall. Approval may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action.Motion to: A. PROCLAIM EMS WEEK B. CONSIDER CONTRACT AWARD FOR FINANCIAL ADVISOR SERVICES •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center DevelopmentAgency has voted on those items which do not need discussion. 4. AWARD PRIZE TO 2019 "IF I WERE MAYOR" STUDENT CONTEST WINNER 7:35 p.m.estimated time 5. METRO BOND LOCAL IMPLEMENTATION STRATEGY UPDATE 7:40 p.m.estimated time 6. RECEIVE US CENSUS BRIEFING:THE ROAD TO 2020 8:25 p.m. estimated time 7. CONSIDERATION OF DEVELOPMENT ASSISTANCE AGREEMENT FOR 72ND AND DARTMOUTH MIXED USE 8:45 p.m. estimated time 8. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d).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. 8:50 p.m. estimated time 9. NON AGENDA ITEMS 10. ADJOURNMENT 9:20 p.m. estimated time AIS-3844 A. Business Meeting Meeting Date: 05/14/2019 Length (in minutes):5 Minutes Agenda Title: TVF&R Message from Fire Chief Duyck and Introduction of Incoming Fire Chief Weiss Prepared For: Marty Wine, City Management Submitted By: Kelly Burgoyne, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Fire Chief Duyck will introduce incoming Fire Chief Weiss. STAFF RECOMMENDATION /ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Fire Chief Duyck will retire on June 30,2019, and Assistant Chief Weiss has been selected by the Tualatin Valley Fire and Rescue's Board of Directors to replace Chief Duyck upon his retirement. This meeting is an opportunity for Fire Chief Duyck to introduce incoming Fire Chief Weiss to council. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments No file(s)attached. AIS-3793 B. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): 15 Minutes Agenda Title: Discuss Revisions to TMC 11.04 Solid Waste Management Prepared For: John Goodrich,Public Works Submitted By: John Goodrich,Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Brief council on upcoming revisions to TMC 11.04 Solid Waste Management regarding Metro food waste collection and recycling for commercial and business food waste generators. STAFF RECOMMENDATION /ACTION REQUEST Staff briefing;no action requested. KEY FACTS AND INFORMATION SUMMARY On July 26,2018,the Metro Council adopted new requirements for local governments and food service businesses.As a result,the City of Tigard will need to adopt a legally-enforceable policy to implement these regional requirements no later than July 31,2019. The regional policy requires that,beginning in March 2020, certain businesses must separate their food scraps from other garbage and have those food scraps collected separately. In addition to the ordinance,Metro's Chief Operating Officer enacted administrative rules to set performance standards for the collection and processing of food scraps from businesses. Copies of the ordinance (No. 18-1418) and the administrative rules (Chapter 5.10-4000) are attached. The ordinance and administrative rules were effective on October 26,2018 and November 19,2018 respectively. Food is the single largest portion of greater Portland's waste stream and a major contributor to the creation of methane when disposed in a landfill.More than half of the food disposed from the greater Portland area comes from businesses. For more than 20 years, the region has been working to reduce the impacts of food waste on the environment and many areas of the region have voluntary collection programs in place, some since 2005. By requiring the collection of food scraps at food service businesses,and by supporting food waste prevention and edible food donation programs,Metro and local governments can take one of the most significant actions to address climate change through stewardship of the garbage and recycling system. This regional policy was developed over an eighteen-month period by Metro staff with input and guidance from representatives of the cities of Beaverton,Gresham and Portland as well as Clackamas County, Washington County and Oregon DEQ.The policy requires local governments within the Metro boundary to adopt a mechanism for requiring separation of food scraps by certain types of businesses. The objective is a policy that provides clarity and consistency for the region's affected businesses and,at the same time,allows for some implementation flexibility for local governments. Key elements of the policy include: •A requirement that by July 31,2019,local governments adopt an enforceable mechanism (such as a code amendment,business license requirement or other legally binding instrument) that requires certain food service businesses to separate food scraps from other waste and recyclables. •Flexibility in program implementation. Local governments may implement the requirement in a manner that makes sense locally as long as commercial food waste collection programs meet basic regional performance standards. Governments may also, on a limited basis,grant waivers to businesses that are unable to comply. •A three-phase roll-out beginning with businesses that generate the most food scraps as follows: oGroup 1 (March 31,2020 through March 31,2021): those businesses that generate 1,000 pounds or more of food scraps per week. oGroup 2 (March 31,2021 through September 30,2022): those businesses that generate 500 pounds or more of food scraps per week. oGroup 3 (September 30,2022 through September 30,2023): K-12 schools and businesses that generate 250 pounds or more of food scraps per week. By November 30,2019,each local government in the region must provide Metro with documentation that demonstrates compliance with this ordinance. Metro intends to provide funding for the first five fiscal years of the business food waste requirement to support program rollout to assist local governments and businesses with implementation,subject to Metro Council approval of funding during the annual budget process. In order to receive funding,a local government must be in compliance with the ordinance and rules and enter into an Intergovernmental Agreement with Metro. Local governments that are members of a cooperative program do not need to enter into such an agreement. Tigard is part of the cooperative managed by Washington County, so Metro funding will be allocated to Washington County on Tigard's behalf. The proposed amendment changes to TMC 11.04 Solid Waste Management are attached. Council is scheduled to consider adopting the proposed ordinance and amendments on June 11,2019. OTHER ALTERNATIVES Staff briefing;no action requested. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Not applicable. DATES OF PREVIOUS COUNCIL CONSIDERATION City council received a briefing from Metro regarding commercial food waste recycling policy on August 22, 2017. Attachments TMC 11.04 Solid Waste Code Metro Food Waste Recycling Requirements Exhibit A TIGARD MUNICIPAL CODE Chapter 11.04 SOLID WASTE 11.04.160180 Rules and Regulations MANAGEMENT Applicable to Franchisees 11.04.165185 Administrative Rules Sections: 11.04.010 Title for Citation Requirement 11.04.020 Purpose,Policy and Scope of 11.04.140190 Enforcement Chapter Provisions 11.04.180195 Penalty 11.04.030 Definitions 11.04.040 Franchise—Granted to Certain Persons—Scope of Regulations 11.04.010 Title for Citation 11.04.050 Franchise—Term--Automatic Renewal When The ordinance codified in this chapter shall 11.04.060 Franchise—Fees be known as the "City of Tigard solid waste 11.04.065 Franchises Records management ordinance," and may be so cited and 11.04.070 Responsibility of Franchisee pleaded, and shall be cited herein as "this 11.04.080 Franchise—Transfer, chapter."(Ord. 91-36 §1; Ord. 78-64 §1) Suspension, Modification or Revocation—Conditions 11.04.020 Purpose,Policy and Scope of 11.04.090 Rates for Service Chapter Provisions 11.04.100 Container Requirements and Collection Limitations A. It is declared to be in the public interest 11.04.105 Stationary Solid Waste for the City of Tigard to establish this policy Compactors relative to the matters of solid waste management 11.04.110 Offensive Wastes Prohibited to: 11.04.120 Unauthorized Deposits Prohibited 1. Provide sufficient waste volume to 11.04.130 Interruption of Franchisee's sustain solid waste management facilities Service necessary to achieve resource recovery goals 11.04.140 Termination of Service by established by the city, county, State Department Franchisee of Environmental Quality, and metropolitan 11.04.150 Subcontracts service district; 11.04.155 Business Recycling Requirement 2. Provide the basis for agreements 11.04.160 Business Food Waste with other governmental units and persons for Requirement regional flow control to such facilities; 11.04.165 Business Food Waste Regulations 3. Insure safe accumulation, storage, 11.04.170 Business Food Waste and collection,transportation, disposal or resource Compliance Periods recovery of solid waste; 11.04.175 Temporary Compliance Waivers to Covered Businesses 11-04-1 Code Update: 4/18 Exhibit A TIGARD MUNICIPAL CODE 4. Insure maintenance of a financially promulgated under any of the foregoing. (Ord. 09- stable,reliable solid waste collection and disposal 05 §1;Ord.91-36 §1;Ord.78-64 §2) service; 11.04.030 Definitions 5. Insure rates that are just, fair, reasonable and adequate to provide necessary A. "Business" means any entity of one or service to the public; more persons, corporate or otherwise, engaged in commercial, professional, charitable, political, 6. Prohibit rate preference and other industrial, educational, or other activity that is discriminatory practices which benefit one non-residential in nature, including public bodies. customer at the expense of other customers of the service or the general public; B. "Business food waste" means solid waste consisting of food waste removed from the 7. Conserve energy and material food supply chain that is not fit for human or resources; animal consumption. 8. Eliminate overlapping service to CR. "Business recycling service customer" reduce truck traffic, street wear, air pollution and means a person who enters into a service noise; agreement with a waste hauler or recycler for business recycling services. 9. Provide standards for solid waste service and public responsibilities; City of Tigard. 10. Provide technologically and economically feasible recycling by and through D. "Compactor"means a stationary or self- solid waste collectors; and contained powered machine which remains stationary when in operation with operating 11. Comply with the business recycling controls designed to compact solid waste from requirement set forth in Metro Regional multifamily residential, industrial or commercial Government Code Chapter 5.10.330. customers into either a detachable or integral container. The term "compactor" does not include B. No person shall: a household, mechanical device located within a residential dwelling, which is used exclusively by 1. Provide service, offer to provide the occupants of that dwelling. The term service or advertise for the performance of service "compactor" does not include any mechanical without having obtained a franchise from the city; device used by a franchisee which is attached to the franchisers mobile collection vehicle. 2. Accumulate, store, collect, transport, dispose of or resource recover solid E. "Council"means the City Council of the waste except in compliance with this chapter, City of Tigard. other city codes, and Chapter 459, Oregon Revised Statutes, dealing with solid waste management and regulations and amendments 11-04-2 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE F. "Covered business" means a business new products in such a manner that the original that cooks, assembles, processes, serves, or sells products lose their identity. food. OM."Reuse" means the return of a GE. "Curbside" means solid waste commodity into the economic stream for use in receptacles placed by the customer for pickup the same kind of application as before without a within five feet of a public roadway or at a change in its identity. location approved by the franchisee. PN. "Service" means the collection, I-IF. "Customer" means any person who transportation, storage, transfer, disposal of or receives service from a franchisee or permittee. resource recovery of solid waste, including solid waste management. IG. "Franchise" means the right to provide service granted to a person pursuant to this QQ. "Solid waste" means all putrescible and chapter. nonputrescible wastes, including, but not limited to,garbage,rubbish,refuse,ashes,wastepaper and J14. "Person" means any individual, cardboard; residential, commercial, industrial, partnership, association, corporation, business, demolition and construction wastes; discarded trust, firm, estate,joint venture or other public or home and industrial appliances; vegetable or private legal entity. animal solid and semisolid wastes; dead animals, infectious wastes as defined in ORS 459.387, and Kb "Placed out for collection" means solid other wastes. waste has been placed by the customer for service by the franchisee under the requirements of this 1. For the purpose of this subsection, chapter. "waste" means any material that is no longer wanted by or is no longer usable by the generator, L3. "Putrescible material" means organic producer or source of the material, which material materials that can decompose and may give rise to is to be disposed of or to be resource-recovered by foul-smelling,offensive odors or products. another person. The fact that materials, which would otherwise come within the definition of M. "Recycling" means any process by "waste," may from time to time have value and which solid waste materials are transformed into thus be resource-recovered does not remove them new products in such a manner that the original from this definition. Source-separated wastes are products lose their identity. "wastes"within this subsection. NK. "Resource recovery" means the process 2. The term "solid waste" does not of obtaining useful material or energy resources include any "hazardous waste" as defined by or from solid waste and including energy recovery, pursuant to ORS Chapter 466. materials recovery,recycling and reuse of or from solid waste. RP. "Solid waste management" means the prevention or reduction of solid waste; L. "Recycling" means any process by management of the storage, transfer, collection, which solid waste materials are transformed into transportation, treatment, utilization, processing 11-04-3 Code Update: 4/18 Exhibit A TIGARD MUNICIPAL CODE and final disposal of solid waste; or resource "Exhibit A."For persons other than those listed in recovery from solid waste; and facilities used for subsection B of this section, an acceptance of those activities. franchise must be signed and recorded as provided in Section 11.04.070 of this chapter. SQ. "Source separate" means the customer separates recyclable material from solid waste. D. Nothing in this franchise or this section (Ord.09-05 §1;Ord. 91-36 §1;Ord. 78-64 §3) shall: 1. Prohibit any person from collecting 11.04.040 Franchise—Granted to Certain or transporting any waste, produced by that Persons—Scope of Regulations person, from the site at which it is produced, in a vehicle with a gross vehicle axle weight rating of A. Subject to the provisions of this section, no more than ten thousand pounds directly to an this chapter, the City Charter, and any authorized disposal or recycling or resource amendments to these documents, there is hereby recovery facility or resource recovering waste granted to the following persons an exclusive produced by that person, so long as that person franchise to provide service within the exclusive complies with this chapter, other city ordinances, area shown within a map of existing franchised and Chapter 459 Oregon Revised Statutes,dealing areas on the effective date of the ordinance with solid waste management, and regulations codified in this chapter, which map is attached promulgated under any of the foregoing. For hereto, marked "Exhibit A," and by reference is purposes of this subsection, solid waste produced incorporated in this section. by a tenant, licensee,occupant or similar person is produced by such person and not by the landlord, B. The franchisees are: property owner or agent of either the landlord or property owner, and except as provided in this 1. Area I. Pride Disposal Company, section, no person shall provide services to any P.O.Box 820, Sherwood,OR 97140. tenant, lessee or occupant of any property of such person, and the landlord or property owner shall 2. Area II. Waste Management, 7227 provide service through the franchisee. The NE 55th Avenue,Portland, Oregon 97218. vehicle weight limitation in this paragraph does not apply to the transportation of any material 3. Area III. Pride Disposal Company, authorized by another subdivision of this P.O.Box 820, Sherwood,OR 97140. subsection D. C. Where any area is annexed to the City of a. As of the effective date of the Tigard and the area had been franchised by ordinance codified in this chapter, any person Washington County for solid waste collection collecting or transporting any waste, produced by service prior to annexation, the county franchise that person, using a vehicle rated at more than shall be recognized as to the area; but service, 10,000 gross vehicle axle weight will be using a term and other requirements shall be those of this nonconforming vehicle. In order to avoid undue chapter. If the area was franchised to any of those hardship, any person using a nonconforming listed in subsection B of this section,the area shall vehicle for collection and transport of any waste be added by the City Manager by amendment to produced by that person at the time of enactment 11-04-4 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE of the ordinance codified in this chapter, may be vehicle with a gross vehicle axle weight rating of allowed continued use of the vehicle under the more than 10,000 pounds. following conditions: 2. Prohibit a generator of source separated recyclable material from selling or i. A person must provide exchanging such material to any person for fair the following information to the city no later than market value for recycling or reuse. January 31, 1992: 3. Prohibit any person from (A) Owner's name, add- transporting, disposing of or resource recovering, ress and phone number; sewage sludge, septic pumpings and cesspool pumpings. (B) Each vehicle identi- fication number; 4. Prohibit any person licensed as a (C) Site(s) at which motor vehicle wrecker under ORS 481.345 et seq., waste is collected; and from collecting, transporting, disposing of or (D) Type of operation(s) utilizing motor vehicles or motor vehicle parts. which is producing the waste. 5. Prohibit the City Council from ii. The City Manager, or withdrawing certain solid waste services by designee, shall grant the request for amendment to this chapter on the basis of a nonconforming use status based on the following finding that such regulation is not necessary for criteria: the implementation of the purposes of this chapter or a city, county or metropolitan service district (A) The information was solid waste management plan. postmarked no later than January 31, 1992; and 6. Prohibit any person transporting (B) Vehicle, location solid waste through the city that is not collected and type of operation was in operation on January within the city. 16, 1992. 7. Prohibit a contractor registered b. It is the purpose and intent of under ORS Chapter 701 from hauling waste this subparagraph to permit the nonconforming created in connection with the demolition, use status to continue until January 31, 1999, after construction, or remodeling of a building or which time use of a vehicle with a gross vehicle structure or in connection with land clearing and axle weight rating of more than 10,000 pounds for development. Such waste shall be hauled in the collection and transport of any waste produced equipment owned by the contractor and operated by that person shall be prohibited. The site where by the contractor's employees. the waste is produced may be changed; however, the vehicle(s) and the type of operation(s) must 8. Prohibit the collection, remain the same or the exemption provided in this transportation and reuse of repairable or cleanable subparagraph shall not apply. There shall be no discards by private charitable organizations transfer or expansion of the exemption to use a regularly engaged in such business or activity including, without limitation, Salvation Army, 11-04-5 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE Goodwill, St. Vincent de Paul, and similar solid waste generated from or by the operations of organizations. those entities as long as the entity complies with 9. Prohibit the operation of a fixed this chapter, other city ordinances, and Chapter location where the generator, producer, source or 459 Oregon Revised Statues, dealing with solid franchised collector of solid waste brings that waste management, and regulations promulgated waste to a fixed location for transfer, disposal or under any of the foregoing. resource recovery; provided, however, that the establishment or maintenance of any such location E. Where a permit is required from the City brought into being after April 1, 1978, shall be Manager, it shall be issued only upon a finding only by permit issued by the City Manager. that the service is needed, has not been provided by the franchisee or, in the case of fixed base 10. Prohibit the collection, facilities, by other persons. The City Manager transportation or redemption of beverage shall give due consideration to the purposes of this containers under ORS Chapter 459. chapter. He or she may attach such conditions as he/she determines are necessary to obtain 11. Prohibit a person from transporting compliance with this chapter and may restrict the or disposing of waste that is produced as an term of such permit. The permittee will comply incidental part of the regular carrying on of the with all applicable provisions of this chapter. business of janitorial service; gardening or landscaping service; or rendering. (These sources F. Solid waste placed out for collection, do not include the collection, transportation or whether or not source-separated, belongs to the disposal of accumulated or stored wastes franchisee when so placed; or, where placed out generated or produced by other persons.) for collection by a permittee, belongs to the permittee. 12. Require franchisee to store, collect, transport, dispose of or resource recover any G. No person shall deposit material in or hazardous waste as defined by or pursuant to ORS remove material from any drop box or container Chapter 466; provided, however, that franchisee supplied by a franchisee without permission of may engage in a separate business of handling franchisee. such wastes separate and apart from this franchise and chapter. H. No person shall take or remove any solid waste placed out for collection by a 13. Prohibit a nonprofit charitable, franchisee or permittee under this chapter. benevolent or civic organization from recycling solid waste; provided,that such collection is not a I. Notwithstanding other provisions of this regular or periodic business of such organization. section,if the council finds that on-route recycling The organizations shall comply with all applicable is technologically and economically feasible and provisions of this chapter. directs that it be instituted: 14. Prohibit any municipal corporation, 1. Franchisees shall be given advance special district, state or federal governmental notice of a hearing on the subject and an entity from accumulating, storing, collecting, opportunity to be heard. transporting, disposing or resource recovering 11-04-6 Code Update: 4/18 Exhibit A TIGARD MUNICIPAL CODE 2. If, after the hearing and on the basis automatically renewed for term of nine years; on of written findings, the council directs the service January 1, 1994, the franchises are automatically be provided, the franchisees shall be given a renewed for a term of eight years; and, on January reasonable opportunity to provide the service or 1, 1995, and on each January 1st thereafter, the subcontract with other persons to provide it. franchises are automatically renewed for a term of seven years from the January 1st renewal. (Ord. 3. If franchisees do not provide the 92-36 §1;Ord. 91-36 §1;Ord.78-64 §5) service within the specified reasonable time, the council may issue a franchise or franchises for 11.04.060 Franchise—Fees that service and limited to on-route recycling. A franchisee under this subsection I shall comply A. As compensation for the franchise with all applicable requirements of this chapter. granted to each franchisee and for the use of city streets, the franchisee shall pay to the city a fee, 4. Nothing in this subsection shall the amount of which is contained in the master fee prevent the franchisees from instituting on-route resolution in effect at the time the franchise recycling prior neither to a council determination agreement is adopted. Such fees shall be nor from including income and expense in the rate computed on a quarterly basis and paid within 30 justification section. days following the end of each quarter calendar 5. Section 11.04.070.A.10 requires year period. Each franchisee shall maintain an franchisees to provide the opportunity to recycle, adequate bookkeeping system showing the gross to include on-route recycling, in accordance with cash receipts resulting from the solid waste applicable law. This subsection is intended to services conducted under the franchise. Records provide a process by which the council may create shall be open at all times for audit by authorized on-route recycling requirements in addition to personnel designated by the City Manager. those found in other applicable law. (Ord. 15-10 §1; Ord. 03-08; Ord. 99-18; Ord. 99-03; Ord. 91- B. Willful misrepresentation of gross cash 36 §1; Ord. 86-66 §§1,2; Ord. 78-64 §4) receipts by a franchisee shall constitute cause for immediate revocation of the franchise,pursuant to 11.04.050 Franchise—Term—Automatic Section 11.04.080 of this chapter. Renewal When C. The franchise fee shall be in lieu of any A. The rights, privileges and initial- business license or regulatory fee or tax, but shall franchise granted herein shall continue and be in not be in lieu of any ad valorem tax, imposed by full force to and including the 31st day of the City of Tigard. (Ord. 03-08; Ord. 02-05; Ord. December, 1988, subject to terms, conditions and 78-64 §6) payment of franchise fees to the city as set forth in this chapter. 11.04.065 Franchises Records B. Unless the council acts to terminate A. Franchisee shall keep accurate books further renewals of the franchises herein granted: and records related to all solid waste activities. each January 1st, the franchises are automatically Such books and records shall be open to renewed for a term of 10 years from the January inspection by the city, its attorney, or other 1st renewal;on January 1, 1993,the franchises are 11-04-7 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE authorized agent at any time during the insurance shall indemnify and save the city franchisee's business hours. harmless against liability or damage which may arise or occur from any claim resulting from the B. The city may audit or review the books franchisee's operation under this chapter. In and records as it deems necessary. Information addition, the policy shall provide for the defense obtained from such audits or reviews may be used of the city for any such claims. to determine the amounts due to the city under the provisions of this franchise agreement. Such 3. Furnish sufficient collection information may also be used by the city to vehicles, containers, facilities, personnel, finances determine costs of particular services, to and scheduled days for collections in each area of determine changes to the schedule of solid waste the city necessary to provide all types of service rates, or for any other regulatory purpose related required under this chapter or subcontract with to the administration of this chapter. The city shall others to provide such service pursuant to this maintain the confidentiality of such records to the chapter. extent allowed by the Oregon Public Records Law. However, the city may provide information 4. Provide a cash security deposit or a obtained pursuant to this franchise to other performance bond in the amount of $5,000 to governmental agencies involved in the regulation guarantee payment to the city or other affected of the provision of solid waste services. If such person of a judgment secured against the franchise information is shared, the city shall, prior to holder because of work performed that does not delivery of the information, receive a written conform to the requirements of this chapter or assurance from the receiving agency that the other ordinances of the city. The deposit or bond confidentiality of the information shall be shall continue until one year after expiration of the maintained to the extent allowed by the Oregon franchise, or until all claims or demands made Public Records Law. (Ord.91-36 §1) against the franchisee have been settled or secured. 11.04.070 Responsibility of Franchisee 5. Collect no single-family residential A. The franchisees shall: solid waste before 5 a.m. or after 7 p.m. unless this condition is waived by the City Manager or 1. Resource-recover or dispose of designee. wastes collected at sites approved by the city that are in compliance with Chapter 459, Oregon 6. Provide collection and disposal of Revised Statutes and regulations promulgated solid waste from all city facilities, city parks, city thereunder. sidewalk containers and city activity areas at no cost to the city on a regular schedule. 2. Provide and keep in force public liability insurance, with a 30-day cancellation 7. Make collection no less often than clause,with a combined single limit of$1 million, once each week, except for will-call collections relating to a single occurrence, which shall be and drop box operations, and except as provided evidenced by a certificate of insurance filed with in Section 11.04.140. the City Recorder. The city shall be named as an additional named insured on the policy. The 11-04-8 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE 8. Permit inspection by the city of the 11.04.080 Franchise—Transfer, franchisee's facilities, equipment and personnel at Suspension,Modification or reasonable times. Revocation—Conditions 9. Respond to all calls for special A. The franchisees shall not transfer this hauling requiring equipment regularly supplied by franchise or any portion thereof to other persons franchisee within 96 hours of receiving said call without 60 days' prior written notice of intent and unless a later pickup is agreeable to the customer. the subsequent written approval of City Council, Special hauling of containers or drop boxes which consent shall not be unreasonably withheld. supplied by franchisee is dependent upon The City Council shall approve the transfer if the availability of those containers or boxes. transferee meets all applicable requirements met by the original franchisees. A pledge of this 10. Provide the opportunity to recycle franchise as financial security shall be considered to all residential, commercial and industrial as a transfer for the purposes of this subsection. sources of recyclable material in compliance with The City Council may attach whatever conditions state and local laws and regulations including, it deems appropriate to guarantee maintenance of without limitation, this chapter, other provisions service and compliance with this chapter. of the city code, applicable metropolitan service district and State Department of Environmental B. Failure to comply with a written notice Quality rules and regulations and the Oregon to provide the services required by this chapter or Recycling Opportunity Act (Chapter 729, Oregon to otherwise comply with the provisions of this Laws 1983). The opportunity to recycle shall chapter after written notice and a reasonable include on-route or depot collection of source- opportunity to comply shall be grounds for separated recyclable material, a public education modification, revocation or suspension of and promotion program that encourages franchise. participation in recycling, and notification to all customers of the opportunity and terms of 1. After written notice from the City recycling service. In addition, the franchisee shall Council that such grounds exist, franchisee shall provide regular opportunities for disposal of have 30 days from the date of mailing of the nonputrescible waste, yard debris, discarded notice in which to comply or to request a public appliances and other waste and shall comply with hearing before the City Council. state and local laws and regulations adopted from time to time for the specific waste materials. 2. If franchisee fails to comply within the specific time or fails to comply with the order B. A franchisee may require a contract of the City Council entered upon the basis of from a customer who requires an unusual service written findings at the public hearing, the City involving added or specialized equipment solely Council may suspend, modify or revoke the to provide that service. The purpose of this franchise or make such action contingent upon subsection is to prevent the added cost from being continued noncompliance. assessed against other ratepayers if the customer later withdraws from service. (Ord. 03-08; Ord. 3. At a public hearing, franchisee and 91-36 §1;Ord. 78-64 §7) other interested persons shall have an opportunity to present oral, written or documentary evidence 11-04-9 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE to the City Council. The finding of the City Council thereon shall be conclusive; provided, 11.04.090 Rates for Service however, that such action may be reviewed by a court on a writ of review. A. The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and 4. In the event that the City Council based upon the level of service rendered or finds an immediate and serious danger to the required by state or local laws or regulations,haul public through creation of a health or safety distance,concentration of dwelling units and other hazard, it may take action to alleviate such factors which the City Council considers to justify condition within a time specified in the notice to variations in rates that outweigh the benefits of the franchisee and without a public hearing prior having a single rate structure unless otherwise to taking such action. noted in this chapter. C. The city or any one of the franchisees B. Nothing in this section is intended to may propose amendments to this franchise. prevent: Proposed amendments shall be in writing and delivered to the City Manager and the franchisees. 1. The reasonable establishment of The City Manager shall present the proposed uniform classes of rates based upon length of amendments to the solid waste advisory haul; type of waste stored, collected, transported, committee ("committee") or a similar committee disposed of, salvaged or utilized; or the number, approved by the City Council. The committee type and location of customer's service, or the shall review the proposed amendments and make type of services; the service required by laws and a recommendation to the City Council. The regulations; or upon other factors as long as such committee may hold public hearings, obtain rates are reasonably based upon the cost of the additional information, negotiate and undertake particular service and are approved by the City other activities to prepare a recommendation to Council in the same manner as other rates; the City Council. Both the City Manager, or designee, and the franchisees shall be invited to 2. The franchisee from volunteering attend meetings of the committee to comment on service at reduced cost for a civic, community, the proposed amendments and be otherwise benevolent or charitable program. available as resources to the committee. After review of the proposed amendments to the C. Rates to be charged by the franchisees franchise, the City Council may, after public under this chapter shall be set by the City Council hearing, adopt the amendments.After adoption by by resolution as deemed necessary by the council; the City Council, the franchisees may sign an except, changes in charges to the franchisees for acceptance of the amendments; however, when solid waste disposal site fees and other similar the amendment is adopted pursuant to subsections charges directly related to the transportation and 11.04.020.A.1, A.2, A.9, and B.2, 11.04.040.D.5 disposal of solid waste, imposed by a and I, and 11.04.080.A and B, the franchisees governmental agency shall be included in the shall sign an acceptance of the amendment. The rates, provided such changes are evenly franchise shall be amended upon acceptance of distributed among the rates. The franchisees shall the amendments by the franchisees. (Ord. 03-08; provide 60 days' written notice with Ord. 91-36 §1; Ord. 78-64 §9) accompanying justification for all other proposed 11-04-10 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE rate changes. The council shall give due than 12%then the city will undertake a rate study consideration to the purposes of this chapter and to recommend new rates. The new rates will be the annual report filed by the franchisees in effective on July 1st and will be intended to evaluating the proposed rate changes. produce an aggregate rate of return of 10%for the following calendar year. When rates are set in the D. The franchisee shall be provided with middle of a calendar year, the expected aggregate 30-day prior written notice with accompanying rate of return for the haulers during that calendar justification for a city-initiated reduction in rate year shall be reported to the haulers. So long as schedule. the actual aggregate rate of return for that calendar year is within two percent more or less than the E. Unless a governmental unit or reported aggregate rate of return, no rate study legislative body has raised or lowered the cost of will be needed based on that calendar year's providing service or there is a substantial increase report. in the cost of doing business that was not provided for in the previous rate adjustment, rate b. If the aggregate profit for all adjustments shall be made annually on the waste haulers is between eight and 12%, the rates following schedule: will be adjusted annually with a start date of January 1st indexed to the U.S. Department of 1. On or before March 15th, the Labor, Bureau of Labor Statistics CPI-U Over- franchisee shall file an annual report, in a form the-Year Percent Change Annual Average for required by administrative rule, with the City West Region . If the aggregate Recorder for the year ending the previous profit is between eight to nine percent, then 1.25 December 31st. times the index will be applied. If the aggregate profit is from nine to 11%, then the index will be 2. The City Manager shall report to applied. If the aggregate profit is between 11%to the council by April 15th on the franchisee reports 12%,then 0.75 times the index will be applied. and propose rate adjustments, if any. The City Manager may make such recommendations as 5. The reports are required from each appropriate to the rate determination. A copy shall franchisee regardless of whether or not a rate be delivered to each franchisee. adjustment is requested. 3. The council may set a hearing on 6. Cost of service studies will be any proposed rate adjustment. conducted at a minimum of every six years. 4. Unless there is good cause shown F. Emergency rates or an interim rate for a and recorded in the minutes of the council, the new or altered service may be set by the City council shall act upon any rate adjustment during Manager; provided, however, that an emergency consideration of the master fees and charges as or interim rate is not valid for more than six part of the annual budget process. Adjustment of months from the effective date. The City Manager the rates can fall under the following categories: shall report any emergency or interim rate adopted together with justification to the council for action a. If the aggregate profit for all by resolution and order, if the rate is to continue waste haulers is less than eight percent or more for more than six months. 11-04-11 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE N. Any person who receives solid waste G. Rates established by the council are service from the franchisees shall be responsible fixed rates and the franchisee shall not charge for payment for such service. more or less than the fixed rate unless pursuant to subsection B.2 of this section. O. Franchisee may charge at time of service for drop box service or for any customer H. Nonscheduled services shall be charged who has not established credit with franchisee. at the reasonable cost of providing the service (Ord. 15-10 §1; Ord. 09-05 §1; Ord. 03-08; Ord. taking into consideration the factors in subsections 91-36 §1;Ord. 86-66 §§3-6; Ord. 83-19 §1;Ord. B and C of this section and as determined by 78-64 §8) franchisee. 11.04.100 Container Requirements and I. In establishing rates,the council may set Collection Limitations uniform rates, uniform rates by zone and different rates for collectors where there is a service and A. In addition to compliance with ORS cost justification. Chapter 459 and regulations promulgated in it and in this section: J. Until changed by the council, rates to be charged are those in effect on the effective date of To achieve the purposes of this chapter, the ordinance codified in this chapter. to prevent recurring back and other injuries to collectors and other persons, to comply with K. If approved in a rate schedule, a "start safety instructions to collectors from the State charge" for new service and a"restart charge" for Accident Insurance Fund, and to comply with reinstituted service may be added. safety,health and environmental safeguards: L. Franchisees may request and the council 1. Solid waste receptacles designed shall schedule a public hearing on the application for manual pickup shall have sides tapering for adjustment or action of the council where no outward to the opening at the top that provide for public hearing has been held prior to rate unobstructed dumping of the contents, two determination. handles on opposite sides, a close-fitting lid with handle, not to exceed 32 gallons' capacity, and be M. Franchisee may require payment for watertight in construction; shall be made of metal residential and multifamily residential service up or some rigid material that will not crack or break to three months in advance, and may bill up to in freezing weather; and shall be waterproof, three months in advance, arrears or any rodent-resistant and easily cleanable; and shall not combination. Where billed in advance, franchisee exceed the gross loaded weight established by will refund a prorated portion of the payment for state law or regulation. any complete months in which service is not to be provided. Where billed in advance, no rate 2. Sunken refuse receptacles or adjustment shall be effective until the end of the containers shall not be used, unless they are advance payment. placed aboveground by the owner for service. 11-04-12 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE 3. On the scheduled collection day, person, franchisee or permittee or place it in any the customer shall provide safe access to the container supplied by such a person,franchisee or pickup point which does not jeopardize the safety permittee without prior written notification and of the driver of a collection vehicle or the acceptance by the person, franchisee or permittee, motoring public or create a hazard or risk to the and also upon compliance with any requirements person providing service.Receptacles must be in a of ORS Chapter 466 and any rules or regulations visible (from the street or alley) location which thereunder. Franchisee may decline to provide may be serviced and driven to by satellite vehicles service for hazardous waste. A container for where practical. Access must not require the hazardous or other special waste shall be collector to pass behind an automobile or other appropriately labeled and placed in a location vehicle or to pass under low-hanging obstructions inaccessible to the public. If the container is such as eaves, tree branches, clotheslines or reusable, it shall be suitable for cleaning and be electrical wires which obstruct safe passage to and cleaned. (See also requirements of ORS Chapter from receptacles. Receptacles must be at ground 466 and rules and regulations thereunder.) level, outside of garages, fences and other enclosures, and within 100 feet of the street right- 9. All putrescible solid wastes shall be of-way or curb. Where the City Manager finds removed from any premises at least once every that a private bridge, culvert or other structure or seven days, regardless of whether or not confined road is incapable of safely carrying the weight of in any container, compactor, drop box or other the collection vehicle, the collector shall not enter receptacle. onto such structure or road. The customer shall provide a safe alternative access point or system. 10. If for other than manual pickup, no customer shall use any solid waste collection 4. All solid waste receptacles located container unless it is supplied by the franchisee or at single-family residences shall be placed is approved by the franchisee on the basis of together in one authorized location on the safety, equipment compatibility, availability of regularly scheduled collection day. equipment and the purposes of this chapter. 5. All solid waste receptacles, 11. Containers (and drop boxes) shall including, but not limited to, cans, containers and be cleaned by the customer; provided, however, drop boxes, shall be maintained in a safe and that the franchisee shall paint the exterior and sanitary condition by the customer. provide normal maintenance. The customer shall be liable for damage beyond reasonable wear and 6. Solid waste service customers shall tear. place items not intended for pickup at least three feet from solid waste receptacles. 12. Container customers shall supply a location and properly maintain containers so as to 7. No person shall block the access to meet standards of this chapter. a solid waste container or drop box. B. If a customer does not comply with any 8. No person shall place any of the provisions of subsection A of this section, hazardous waste, as defined by or pursuant to the franchisee shall not be obligated to provide ORS Chapter 466, out for collection by another service to that customer. Franchisee shall 11-04-13 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE immediately notify the customer and the city of 1. Compliance with any applicable the noncompliance. Customer may be charged as federal, state and local health, safety and if the service had been rendered. environmental regulations including, but not limited to,OAR 437-002-0242 and this section. C. No stationary compactor or other container for commercial or industrial use shall 2. The compactor and surrounding exceed the safe-loading design limit or operation area will be kept clean at all times. of the collection vehicles provided by the franchisee serving the area. Upon petition of a 3. The compactor will undergo group of customers reasonably requiring special regular preventive maintenance and adequate service, the City Council may require the emergency maintenance will be available. franchisee to provide vehicles capable of handling specialized loads, including, but not limited to, 4. There will be no operation of the front-loading collection vehicles and drop-box compactor between the hours of 9 p.m.and 7 a.m. vehicles and systems. D. Safety.No stationary compactor or other D. Any vehicle used by any person to container for multifamily residential, commercial transport wastes shall be so loaded and operated or industrial use may exceed the safe-loading as to prevent the wastes from dripping, dropping, design limit or operation of the collection vehicles sifting, blowing or otherwise escaping from the provided by the franchisee serving the area. vehicle onto any public right-of-way or lands adjacent thereto. (Ord. 09-05 §1; Ord. 03-08; Ord. E. Health. Compactors containing 91-36 §1; Ord. 78-64 §15) putrescible waste will be emptied at least weekly. 11.04.105 Stationary Solid Waste F. Reimbursement for Fines. Customer will Compactors reimburse the franchisee for any fines incurred by the franchisee for weight or environmental A. To achieve the purpose of this chapter to violations, or any other violations caused by the comply with safety, health and environmental ownership,operation or use of the compactor. requirements, stationary solid waste compactors are subject to the following requirements: G. Signing. Each container will be clearly labeled with the name, address and telephone B. Franchisee Approval. A customer number of the customer and the name of an should obtain franchisee's approval for individual to contact. compatibility with the franchisee's hauling equipment prior to installation of a stationary H. Violations. Franchisee will not be solid waste compactor. obligated to transport a compactor that violates the provisions of this section. On notice from C. Operational Standards. At all times the franchisee to customer and the city, customer will customer and the compactor must remain in immediately correct the violation. If customer compliance with the following requirements: does not correct the violation, franchisee will give notice of such to the city.(Ord. 18-07 §1;Ord.09- 05 §1;Ord. 03-08;Ord. 91-36 §1) 11-04-14 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE and after payment to the city for any net cost 11.04.110 Offensive Wastes Prohibited incurred in the operation of the solid waste service. (Ord.91-36 §1;Ord. 78-64 §10) No person shall have waste on property that is offensive or hazardous to the health or safety of 11.04.140 Termination of Service by others or which creates offensive odors or a Franchisee condition of unsightliness. (Ord. 91-36 §1; Ord. 78-64 §16) The franchisee shall not terminate service to all or a portion of the customers unless: 11.04.120 Unauthorized Deposits Prohibited A. The street or road access is blocked and there is no alternate route and provided that the No person shall, without authorization and franchisee shall restore service not later than 24 compliance with the disposal site requirements of hours after street or road access is opened; this chapter, deposit waste on public property or the private property of another. Streets and other B. As determined by the franchisee, public places are not authorized as places to excessive weather conditions render providing deposit waste except as specific provisions for service unduly hazardous to persons providing containers have been made. (Ord. 91-36 §1; Ord. service or to the public or such termination is 78-62 §17) caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road 11.04.130 Interruption of Franchisee's access is blocked; Service C. A customer has not paid for provided The franchisee agrees, as a condition of a service after a regular billing and after a seven- franchise, that whenever the City Council finds day written notice from the date of mailing, which that the failure of service or threatened failure of notice shall be sent not less than 15 days after the service would result in creation of an immediate first regular billing;or and serious health hazard or serious public nuisance, the City Council may, after a minimum D. Ninety days' written notice is given to of 24 hours' actual notice to the franchisee and a the City Council and to affected customers and public hearing if the franchisee requests it, written approval is obtained from the City provide or authorize another person to temporarily Council; provide the service or to use and operate the land, facilities and equipment of a franchisee to provide E. The customer does not comply with the emergency service. If a public hearing is service standards of Section 11.04.100 of this requested by the franchisee, it may be held chapter.(Ord.91-36 §1;Ord. 78-64 §11) immediately by the City Council after compliance with the minimum notice requirements for such 11.04.150 Subcontracts meetings established by the Oregon Public Meetings Law. The City Council shall return any The franchisees may subcontract with others seized property and business upon abatement of to provide a portion of the service where the the actual or threatened interruption of service, franchisees do not have the necessary equipment 11-04-15 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE or service capability. Such a subcontract shall not receptacles for internal maintenance or work areas relieve the franchisees of total responsibility for where food waste may be collected, stored, or providing and maintaining service and from both. compliance with this chapter. Franchisee shall provide written notice to the city of the B. Collect food waste that is controlled by franchisee's intention to subcontract any portion the business, agents, and employees. This of the service prior to entering into such requirement does not apply to food wastes agreement.(Ord.91-36 §1;Ord. 78-64 §12) controlled by customers or the public. At its discretion, a business may also collect food waste 11.04.155 Business Recycling from customers or the public but must ensure that Requirement food wastes are free of non-food items. K-12 schools may also include student-generated food Unless otherwise exempt, all businesses and waste from school cafeteria meals but must ensure business recycling service customers shall comply that food wastes are free of non-food items. with the business recycling requirement performance standard set forth in Metro Regional C. Post accurate signs where food waste is Government Code Section 5.10.330 and the collected, stored, or both that identify the administrative rules adopted pursuant to TMC materials that the covered business must source Section 11.04.165185. (Ord. 11-06 §1; Ord. 09-05 separate. §1) 11.04.170 Business Food Waste Compliance 11.04.160 Business Food Waste Periods Requirement Covered businesses must comply with the Unless otherwise exempt, all covered food waste requirement as determined by the businesses must comply with the business food quantity of food waste they generate per week,on waste requirement performance standard set forth average. Implementation will begin with Business in Metro Regional Government Code Section Group 1 and progress to the other groups 5.10.410-5.10.470. Owners or managers of single according to the dates noted below. Covered or multi-tenant buildings containing covered businesses that demonstrate they generate less businesses must allow or otherwise enable the than 250 pounds per week of food waste are not provision of food waste collection service to subject to this requirement. lessees or occupants subject to the business food waste requirement. A. Business Group 1 March 31,2020-March 31,2021 11.04.165 Business Food Waste Rules and Less than or equal to 0.5 ton (1,000 pounds) Regulations per week food waste generated Covered businesses must: B. Business Group 2 A. Separate food waste from all other solid March 31,2021-March 31,2022 waste for collection. Covered businesses must Less than or equal to 0.25 ton (500 pounds) have correctly-labeled and easily-identifiable per week food waste generated 11-04-16 Code Update: 4/18 Exhibit A TIGARD MUNICIPAL. CODE City Council hold a public hearing on a proposed C. Business Group 3 rule. The council may approve the proposed rule March 31,2022-March 31,2023 as submitted, modify the rule, or reject the rule. Less than or equal to 0.125 ton (250 pounds) The City Manager shall enact all rules pursuant to per week food waste generated this subsection by written order. (Ord. 11-06 §1; Ord. 09-05 §1; Ord. 03-08; Ord. 91-36 §1; Ord. 11.04.175 Temporary Compliance Waivers 78-64 §14) to Covered Businesses 11.04.15185 Administrative Rules A covered business may seek a temporary L12 month) waiver from the business food waste requirement by providing access to a recycling Requirement specialist for a site visit and demonstrating that the covered business cannot comply with the Adoption of Administrative Rules. The City business food waste requirement.Businesses must Manager or designee is authorized to adopt agyee to periodic waiver verification site visits to administrative rules related to the provisions of determine if conditions that warrant the waiver are the business recycling and business food waste still in place and cannot be remedied in requirements. Such administrative rules shall will accordance with waiver criteria. be adopted pursuant with the provisions of TMC Chapter 2.04.(Ord. 11-06 §1; Ord. 09-05 §1) 11.04.1.60180 Rules and Regulations 11.04. 0190 Enforcement Applicable to Franchisees A. The City Manager shall enforce the The City Manager or designee may propose provisions of this chapter, and the rules and and prepare rules and regulations applicable to regulations adopted pursuant thereto; city's franchisees that pertain to this chapter. The rules agents, including police officers and other and regulations shall be printed or typewritten, employees so designated, may enter affected and be maintained for inspection in the office of premises at reasonable times for the purpose of the City Recorder. All proposed rules and determining compliance with the provisions and regulations promulgated under the authority of terms of this chapter. However, no premises shall this section, and all amendments thereto, shall be be entered without first attempting to obtain the immediately forwarded to the franchisee operating consent of the owner or person in control of the under this chapter for response. The franchisee premises if other than the owner. If consent shall have 30 days to respond in writing to such cannot be obtained, the city representative shall proposed rules and regulations. If the franchisee secure a search warrant from the city's municipal has objections or revisions to the proposed rules, court before further attempts to gain entry, and the the franchisee shall meet and confer with the City city shall have recourse to every other remedy Manager regarding the franchisees concerns. If provided by law to secure entry. the concerns are not resolved through consultation with the City Manager, then the City Manager B. A franchisee shall have a cause of action shall forward the proposed rule, with the in Washington County Circuit Court against any franchisees comments, to the City Council for its person providing service in the Tigard city limits consideration.The franchisee may request that the without having a franchise in violation of Section 11-04-17 Code Update:4/18 Exhibit A TIGARD MUNICIPAL CODE 11.04.040. The cause of action includes any 4. Indemnity. The City of Tigard shall appropriate relief, including injunctive relief. have no liability for the franchisee's attorney fees and costs incurred for electing to pursue 1. Notice to City Manager. Before a enforcement under these provisions. Any franchisee may commence a civil action, the franchisee who elects to act under this provision franchisee must provide 30 days' written notice to shall indemnify the City of Tigard in the event of the City Manager. The City Manager may elect any claims filed against the city arising out of the either to enforce the provisions of this chapter in franchisee's enforcement actions brought under accordance with Section 11.04.170, or allow the the provisions of this chapter. (Ord. 09-05 §1; franchisee to commence a civil action in Ord. 07-01) Washington County Circuit Court against the person in violation of Section 11.04.040. If the 11.04.180195 Penalty City Manager fails to respond to the notice, the franchisee may proceed with the civil action. A Violation by any person of the provisions of franchisee may not commence a civil action if the this chapter or the rules and regulations adopted City Manager is pursuing enforcement actions. pursuant to Section 11.04.185 11.04.160 or 11.04.165 will be deemed a Class 1 civil 2. Damages. Any person providing infraction, punishable according to the provisions service in the Tigard city limits without having a set forth in Chapter 1.16 of this code. (Ord. 18-07 franchise pursuant to Section 11.04.040 will be §1; Ord. 09-05 §1; Ord. 91-36 §1; Ord. 78-64 subject to the following damages: lost customer §19) ■ revenue to be paid to the franchisee; unpaid franchise fees owed to the city pursuant to Section 11.04.060, which shall be paid to the City of Tigard; liquidated damages in the amount of$500 for each violation to be paid to the City of Tigard in lieu of imposition of the civil penalty; and any other legal remedies available. The court shall award reasonable attorney fees to the prevailing party. 3. Violations. For purposes of liquidated damages in paragraph 2 of this subsection B, each incident of service provided without a franchise shall be a separate violation. Incident of service means each and every individual act of service, as defined by Section 11.04.030.N, performed by the violator. For example, providing service without a franchise by hauling a drop box for a person on six occasions is six violations. 11-04-18 Code Update:4/18 Solid Waste AR 5.10-4000 Administrative Rule Administrative Rule of Metro Code Chapter 5.10 Administrative Rule Adoption Record and Findings AR 5.10-4000 through 4085 Business Food Waste Requirement Administrative Rules These administrative rules are adopted under the authority of Metro Code Chapter 5.10, which authorizes the Chief Operating Officer (COO) to adopt and amend administrative rules. In accordance with Metro Code, the COO provided an opportunity for public comment and held a public hearing on these rules before their adoption. The COO finds that these administrative rules are necessary to implement certain provisions of Metro Code Chapter 5.10 and hereby adopts Administrative Rules Nos. 5.10-4000 through 4085. The requirements of these administrative rules are in addition to all other requirements and provisions in Metro Code Chapter 5.10. These rules have the same force and effect as any other provision of Metro Code Chapter 5.10. It is so ordered: ,�. ..,./ e1"-- ,t044 / 201 ' • Martha Bennett Date Metro Chief Operating Officer AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 1 SOLID WASTE ADMINISTRATIVE RULES AR 5.10-4000 through 4085 Business Food Waste Requirement Effective:October 31,2018 Table of Contents 5.10-4000 Purpose 5.10-4005 Policy and Legal Authority 5.10-4010 Definitions 5.10-4015 Applicability of Rules 5.10-4020 Effective Dates 5.10-4025 Exemptions 5.10-4030 Compliance Waivers 5.10-4035 Access to Services Payments 5.10-4040 Local Government Requirements 5.10-4045 Local Government Annual Implementation Plan 5.10-4050 Local Government Performance Standard 5.10-4055 Business Assistance 5.10-4060 Local Government Enforcement of the Requirement 5.10-4065 Local Government Temporary Waivers to Covered Businesses 5.10-4070 Metro Enforcement of the Requirement 5.10-4075 Self-Haul of Source-Separated Food Waste 5.10-4080 Compliance Verification and Reporting 5.10-4085 Funding Guidelines 5.10—4000 Purpose 1. The purpose of these rules is to implement the provisions of the business food waste requirement set forth in Metro Code Section 5.10.410-5.10.470. 2. The purpose of the business food waste requirement is to provide a region-wide standard for the separation and collection of food waste from food-waste-generating businesses. For the purposes of these rules,Covered Businesses are defined as organizations that cook,assemble,process,serve,or sell food or do so as service providers for other enterprises. 3. Food is identified as a primary material for recovery within the Regional Solid Waste Management Plan because of its prevalence in the region's waste stream and the negative environmental impacts of disposing food in a landfill. 4. The prevention of food waste,the donation of edible food for human consumption and the use of food waste to feed animals are the region's preferred methods for managing surplus food. Food that has been stored properly, is fit for human consumption and is accepted for donation and food that has been set aside and is destined for animal consumption in compliance with applicable regulations is not subject to this administrative rule. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 2 5.10—4005 Policy and Legal Authority 1. Metro Code Chapter 5.10 requires local governments to establish mandatory programs to separate and collect food waste from certain food-waste generating businesses referred to in these rules as "Covered Businesses." 2. These administrative rules are issued under the authority of Metro Code Section 5.10.080. These rules are in addition to all other requirements and provisions in Metro Code Chapter 5.10. 5.10—4010 Definitions Unless otherwise specifically defined,all terms used are as defined in Metro Code Chapter 5.00. "Covered Business"means an organization that cooks,assembles, processes,serves,or sells food or does so as a service provider for other enterprises. "Business Groups"means groups of Covered Businesses subject to the business food waste requirement by certain effective dates as delineated in the Applicability section of these rules. "Food waste"means waste from fruits,vegetables, meats,dairy products,fish,shellfish, nuts,seeds, grains,coffee grounds,and other food that results from the distribution,storage, preparation,cooking, handling,selling or serving of food for human consumption. Food waste includes but is not limited to excess,spoiled or unusable food and includes inedible parts commonly associated with food preparation such as pits,shells, bones,and peels. Food waste does not include liquids or large amounts of oils and meats which are collected for rendering,fuel production or other non-disposal applications,or any food fit for human consumption that has been set aside,stored properly and is accepted for donation by a charitable organization and any food collected to feed animals in compliance with applicable regulations. 5.10—4015 Applicability of Rules and Effective Date 1. The business food waste requirement applies to all local governments within the Metro boundary. 2. Covered Businesses subject to the business food waste requirement include,but are not limited to: Cafeterias&buffets Grocery retail Caterers Grocery wholesale Colleges&universities* Hospitals* Correctional facilities Hotels* Drinking places* Limited service restaurants Elementary and secondary schools* Nursing&residential care* Food product manufacturing Retirement&assisted living* Food service contractors Specialty food markets Full service restaurants Warehouse clubs *Only those businesses with full-service restaurants or on-site food preparation or service are subject to these rules. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 3 3. Covered Businesses must meet the food waste requirement according to a schedule determined by the quantity of food waste they generate on average, in three phases as listed below. Implementation will begin with Business Group 1 and progress to the other groups according to the Effective Dates described in Rule 4020. Covered Businesses that demonstrate they generate less than 250 pounds per week of food waste are not subject to this requirement. Business Group 1 Business Group 2 Business Group 3 20.5 ton(1,000 pounds) per 20.25 ton (500 pounds)per 20.125 ton (250 pounds) per week food waste generated week food waste generated week food waste generated 4. A person that provides space to a Covered Business must allow or facilitate provision of a food waste collection service for the Covered Business. 5.10—4020 Effective Dates These rules are effective on October 31,2018. Local governments must meet the following deadlines: 1. Local Government Adoption of Requirement: July 31,2019. 2. Implement Requirement for all Covered Businesses in Business Group 1: March 31,2020-March 31, 2021. 3. Implement Requirement for all Covered Businesses in Business Group 2: March 31,2021-September 30,2022. 4. Implement Requirement for all Covered Businesses in Business Group 3: September 30,2022- September 30,2023. 5.10—4025 Exemptions 1. Governments Outside Metro Boundary:A local government outside of the Metro Boundary is exempt from this business food waste requirement. 2. No Commercial District:A local government that does not have a commercial zone or commercial district is exempt from this business food waste requirement. 5.10—4030 Compliance Waivers Metro may grant a compliance waiver to a local government that meets the standards below. 1. Business Quantity minimum threshold: Metro will waive application of the business food waste requirement for a local government with five or fewer Covered Businesses within its boundary. Metro will review the number of Covered Businesses in each local government jurisdiction annually. If Metro determines that a local government exceeds the minimum number of Covered Businesses during the review period, Metro will notify the local government of its findings in writing and will require the local government to comply with these rules within 12 months of the notification. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 4 • 5.10—4035 Access to Services Payments 1. Franchised waste haulers: Metro may provide payments on a temporary basis to a waste hauler operating within the region under local government commercial collection franchise authority that is not within reasonable proximity of food waste transfer or processing services. Reasonable proximity is defined as within a distance that is equal to the average uncongested travel time one way to the nearest in-region transfer station that accepts municipal solid waste. Metro will establish zones to clearly define areas that are outside reasonable proximity and may apply a travel time inflator to account for congestion. Payment will be based on the number of loads per week of food waste generated within the zone at a 50%capture rate and the additional time required to deliver these loads to the nearest food waste transfer or processing services. Metro will determine whether a waste hauler is eligible to receive payment,the payment amount,disbursement method,and frequency of payments. 2. Metro will calculate the payment amount for a waste hauler using the following elements: a. Average cost per hour to operate collection vehicle in the Metro region. b. Number and type of Covered Businesses entities within the zone and within the waste hauler's collection franchise boundary. c. Estimated total tons per week generated by Covered Businesses within the zone at a 50% capture rate. d. Number of loads per week generated by Covered Businesses within the zone. Load size will be based on the average size of route truck food waste loads delivered to Metro Central Transfer Station over a 12 month period. e. Maximum additional time round trip beyond reasonable proximity required to transport loads to food waste transfer or processing services. f. Additional hours multiplied by cost per hour. 3. Metro will periodically review the elements used to calculate the payments and will make any adjustments that are necessary including utilizing new sources of data. Metro will notify waste haulers and local governments of any adjustments to the payment calculation elements within 30 days. 4. The following criteria must be met in order for a waste hauler to qualify for payment: a. The local government must adopt a legally-enforceable mechanism that meets the business food waste requirement and performance standard by the adoption deadline. b. Waste haulers must enter into a contractual agreement with Metro. c. Waste haulers must submit annual reports to Metro no later than March 31. Reports must demonstrate that funds have been included in Detailed Cost Reports submitted annually by waste haulers to local governments. d. Metro may request that local governments confirm that the payments received by waste haulers have been included in required Detailed Cost Reports and are factored into the collection rate-setting process. Cooperative programs may provide confirmation on behalf of member jurisdictions. 5. Metro will revoke payments if the waste hauler does not report payments or provides false or incomplete information. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 5 6. Metro will discontinue payments to a waste hauler once transfer or processing services become available within reasonable proximity as determined by Metro. Metro will notify local governments and affected waste haulers at least 30 days before discontinuing payments. 7. Metro will re-evaluate the payments periodically and will automatically renew them until Metro determines that circumstances have changed.The waste hauler or local government does not need to take any action to renew payments unless otherwise directed by Metro. 8. Covered Businesses: Metro may provide payments on a temporary basis to a Covered Business that transports its own source-separated food waste. Food waste must be generated solely from its own operations and generated from a single location within the Metro boundary that is not within reasonable proximity of food waste transfer or processing services. Reasonable proximity is defined as within a distance that is equal to the average uncongested travel time one way to the nearest in- region transfer station that accepts commercially-derived municipal solid waste. Metro will determine whether a Covered Business is eligible to receive a payment,the payment amount, disbursement method and frequency. 9. Metro will calculate the payment amount for a Covered Business using the following elements: a. Average cost per hour to operate collection vehicle in the Metro region. b. Total loads and tons per week of acceptable food waste delivered to Metro Central Transfer Station based on actual delivery weights recorded by the Metro Central scale house. c. Location zone of the point of generation of the food waste. d. Maximum additional time round trip beyond reasonable proximity required to deliver loads to the nearest food waste transfer or processing services. e. Additional hours multiplied by cost per hour. 10. Metro will periodically review the elements used to calculate the payments and will make any adjustments that are necessary including utilizing new sources of data. Metro will notify the Covered Business of any adjustments to the payment calculation elements within 30 days. 11. The following criteria must be met in order for a Covered Business to qualify for payment: a. The business must be located within the jurisdictional boundaries of a local government that has adopted a legally-enforceable mechanism that meets the business food waste requirement and performance standard by the adoption deadline. b. The business must apply for a payment and submit all required information in a format prescribed by Metro. c. The business must fully comply with all program criteria or standards. d. The business must demonstrate to Metro that its food waste is being disposed as waste in a landfill.A business does not qualify for payments if it transports its food waste to other locations for other uses or recovery. e. A business must have a credit account with Metro for use of Metro Central station including obtaining Metro-issued RFID tags.Cash transactions are ineligible for access payments. 12. Metro will discontinue payment to a Covered Business once a transfer or processing facility becomes available within reasonable proximity to the business as determined by Metro. Metro will notify any affected Covered Businesses at least 30 days before discontinuing payments. AR 5.10-4000:Business Food Waste Requirements Administrative Rules Page 6 13. Metro will re-evaluate the payments periodically and will automatically renew them until Metro determines that circumstances have changed. Metro may revoke a payment to a Covered Business any time for a violation of any criteria or payment condition. 5.10—4040 Local Government Requirements 1. A local government must implement one of the following: a. Adopt a legally-enforceable mechanism that meets the performance standard in rule 4050. A legally-enforceable mechanism includes but is not limited to local code, regulation, ordinance,or law. b. Adopt the Business Food Waste Requirement Model Ordinance and require business food waste be delivered to a solid waste facility authorized by Metro. 2. A local government must require Covered Businesses within its jurisdiction to: a. Separate food waste from all other solid waste for collection. b. Recover food waste that is controlled by the business,agents,and employees.This requirement does not apply to food wastes controlled by customers or the public.At its discretion,a Covered Business may also collect food waste from customers but must ensure that food wastes are free of non-food items. K-12 schools may also include student- generated food waste from school cafeteria meals but must ensure that food wastes are free of non-food items. 3. A local government must require persons or entities that lease or provide space to a Covered Business to allow or facilitate the provision of food waste collection service for those Covered Businesses. 4. A local government must submit annual implementation plans to Metro according to the procedures set forth in these Administrative Rules. 5. A local government may: a. Implement the program in the manner that is most efficient and effective for local conditions, local solid waste system considerations,geography,and that which best suits the Covered Businesses as long as the local government complies with the performance standard and deadlines. b. Grant temporary waivers to a Covered Business according to the procedures set forth in these Administrative Rules. c. Designate another agency or partner to implement the program on their behalf.A designated agency is a county agency,city agency or contracted agent that is responsible for designing and implementing the business food waste requirement according to the procedures set forth in these Administrative Rules. 5.10—4045 Local Government Annual Implementation Plan A local government is required to submit to Metro art annual implementation plan regarding the business food waste requirement.A local government may develop and implement its plan individually or through cooperative or partnership agreements between governments.A local government may implement the business food waste requirement in a manner that best suits local conditions as long as AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 7 the local government meets or exceeds the performance standard.An implementation plan must meet the performance standard set forth in these Administrative Rules. 5.10—4050 Local Government Performance Standard 1. Business Notice of Requirement. After a local government adopts the business food waste requirement and according to the implementation schedule,the local government must send notice to Covered Businesses that outlines the requirement and how to comply and receive assistance.A local government must establish a mechanism to notify new Covered Businesses of the business food waste requirement. 2. Business Compliance.A local government must require that Covered Businesses comply with the business food waste requirement including,but not limited to: a. Adherence with the implementation schedule. b. Correctly-labeled and easily-identifiable collection receptacles. c. Arranging for food waste collection service as necessary. d. Ensuring building owners or managers of single or multi-tenant buildings containing Covered Businesses allow or otherwise enable the provision of food waste collection service to lessees or occupants subject to the business food waste requirement. 3. A local government must ensure appropriate collection receptacles and service are made available. 4. A local government must require that franchised or otherwise licensed waste haulers deliver food waste to a facility that complies with federal,state, regional and local laws and regulations. 5.10—4055 Business Assistance A local government must provide educational materials and offer technical assistance to Covered Businesses to assist with program set-up, understanding program requirements and separation standards. a. Educational materials must include,at a minimum: i. Labels for collection containers that clearly communicate what is allowed in the food waste collection system. ii. Signs and/or posters that provide clear and simple instructions. iii. All signs and program materials must be designed to be understood by people with limited English proficiency. iv. Program contact phone number for businesses to call for program assistance. b. Technical assistance offered must include,at a minimum: i. Education and assistance with food waste prevention techniques and edible food donation programs. ii. Assistance with food waste collection program set up and training on-site at the business. iii. Assistance with mitigating issues arising from program participation such as odors or vectors. iv. Ensure correct labeling of all food waste collection receptacles. v. Serve as a facilitator between the business and solid waste hauler as needed to assist with the provision of appropriate collection receptacles and service frequency. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 8 5.10—4060 Local Government Enforcement of the Business Food Waste Requirement A local government must establish a method for ensuring compliance with the business food waste requirement. Covered Businesses may be subject to enforcement actions should they not meet the compliance dates listed in section 5.10—4020. 5.10—4065 Local Government Temporary Compliance Waivers to Covered Businesses 1. A local government may establish a method for granting temporary waivers to Covered Businesses. A local government must obtain Metro approval of the waiver method and conditions. 2. Temporary waivers must meet the following minimum standard: a. May not exceed 12 months,annual renewal allowed. b. In order to be renewed,a local government must annually review waivers to determine if conditions that warrant the waiver are still in place and cannot be remedied. c. Covered Businesses seeking a temporary waiver must agree to periodic waiver verification site visits. Local governments are responsible for determining if one or more of the following criteria warrant a temporary waiver: i. Less than 250 pounds per week of food in the disposed waste. ii. Food waste produced by the Covered Business is not suitable for inclusion in the program,or cannot be made suitable without unreasonable expense. iii. Physical barriers to compliance exist and cannot be immediately remedied. iv. Compliance results in unreasonable capital expense. v. Compliance results in a violation of other government ordinance,health or safety code. 5.10—4070 Metro Enforcement of the Requirement A local government may request that Metro assist with enforcement of the business food waste requirement. Metro will provide enforcement assistance after Metro and the local government establish an Intergovernmental Agreement. 5.10—4075 Self-Haul of Source-Separated Food Waste The local government may allow a Covered Business to self-haul source-separated food waste generated by that business.The local government must require the Covered Business to comply with these rules, including without limitation delivery of the food waste to a facility authorized by Metro. 5.10—4080 Compliance Verification and Reporting Local governments must collect and report data to Metro to demonstrate compliance and assist with program evaluation. Metro will determine reporting requirements and frequency, review data and make a determination of compliance as set forth in Annual Implementation Plans. 5.10—4085 Funding Guidelines 1. Metro may provide funding to support the implementation of the business food waste requirement to local governments upon adoption of the requirements by the Metro Council. Metro intends to AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 9 provide funding for the first five fiscal years of the business food waste requirement,subject to Metro Council approval of funding amounts during the annual budget process.After the first five years of implementation,ongoing program maintenance funding may also be provided subject to Metro Council approval during the annual budget process. 2. A local government must use funds for business assistance,infrastructure,compliance,and enforcement efforts to implement the business food waste requirement. Metro will review and approve the intended uses prior to distributing funds. 3. If a local government has designated another agency or partner to implement the program,Metro may,at its sole discretion,distribute funds to the designated agency.A designated agency is a county agency,city agency or contracted agent that is responsible for designing and implementing a waste reduction program including the business food waste requirement,on behalf of a local government. 4. In order to receive funding,a local government or its designated agency must submit documentation demonstrating compliance with the requirements of Metro Code 5.10.410-5.10.470 and these rules and enter into an Intergovernmental Agreement with Metro. 5. Metro will withhold funding associated with the implementation of the business food waste requirement from governments that do not comply with the business food waste requirement. If governments remain out of compliance for more than two years,funding associated with other programs may also be withheld or Metro may seek any remedy under applicable state law. Governments that are, in the sole opinion of Metro,actively making good faith efforts to adopt the business food waste requirement will remain eligible for associated funding. Metro will determine how any withheld funds will be utilized. AR 5.10-4000: Business Food Waste Requirements Administrative Rules Page 10 SUPPLEMENTAL PACKET FOR 5 (DATE OF MEETING) Mk WASHINGTON COUNTY ��' OREGON 1. � Solid Waste 86 Recycling Business Food Waste Requirement An overview of the new requirement and the Cooperative Recycling Program's assistance May 14, 2019, Tigard City Council Study Session Presenter: Thomas Egleston Why business food waste ? ,, , ., _„, .,. • Food is largest portion of recoverable material left in waste stream, min,;;,,,,,�„���:�� i, ��, when landfilled food emits methane a potent greenhouse gas :�,,�,, , • Businesses in the region throw away over 100,000 tons of food - " " each year, enough to fill 5,000 long-haul trucks ::;F(.. _ •f.4ini: „e, _,..... ,,...: �r ;., *. • Businesses represent an opportunity to collect large amounts of K :"e4,i1. food from fewer collection points (compared to residential) �-,K. -;.=41.L.:73:." •. I .I: • Voluntary programs have been in place for some time and -'wW recovery not increasing quickly enough J.. • Region lacks stable processing capacity and wants to attract a li ;. processor but needs to guarantee more food to make it worth substantial investment :; . AWASHINGTON COUNTY -..: OREGON � Solid Waste 8a Recycling Metro ' s action • Metro Council adopted an ordinance establishing the business food waste collection requirement on July 26, 2018. 01401 / . • Amends Metro Code Chapter 5.10 establishing that local governments must: el • Through ordinance or other rule, require covered businesses to source 011141. ®h separate and recover business food waste (due July 31, 2019) • Notify covered businesses and waste haulers of the requirement • Provide education and technical assistance to covered businesses et ro • Enforce the requirement • Ensure property managers provide opportunity for tenants to comply • Metro Council also adopted a resolution on July 19, 2018, requiring Metro staff to develop a policy, ordinance or rule that prohibits the landfill disposal of commercially-derived food waste generated within the region. WASHINGTON COUNTY OREGON Solid Waste&Recycling Overview of threquirement • March 2020 — March 2021 : Business Group 1 • Businesses that generate over 1 ,000 pounds of food II scraps per week — 30 in Tigard • March 2021 — September 2022: Business Group 2 • Businesses that generate over 500 pounds of food11 scraps per week — 32 in Tigard • September 2022 — September 2023: Business Group 3 • Businesses that generate over 250 pounds of food scraps per week and K-12 schools — 56 in Tigard WASHINGTON COUNTY OREGON Solid Waste&Recycling Local action • In response to Metro's Business Food Waste Requirement, local , governments need to: - "'"' • Pass an ordinance or amend rules to require certain businesses collect food scraps separate from garbage �,t :z ,,�, a ',, • Set a rate for collection services and ensure that haulers are providing service to businesses • Notify and monitor compliance with requirement and report to Metro. This can be conducted by the County on behalf of • ; •, {, Cooperative Recycling program members similar to how , , , _ ~�i,, '� ."' business recycling requirement compliance and education and ` outreach compliance is currently reported ,� , . 4 01111 WASHINGTON COUNTY i.\L ."7-4_ -AtS-,..W. 40 ! �`�44` OREGON ' ' ',s .. 5" •, - t Solid.Waste&Recycling Cooperative implementation support Notification � o � • Notification letter development, mailing and responding to . OS GREEN BUSINESS 3 LEADERS inquiries. Technical Assistance (25 hours per business) %coN • Three site visits from Green Business Advisor for each business, , Fr ,, coordination with hauler on collection service, employee training t and engagement, and troubleshooting 1 't r --' 1 Resources '"' • Food scraps collection bins, sample of compostable can liners, r"-- ' , posters, stickers, signs, and window Clings __ Al il Compliance • Compliance reports to WCTWC members, compliance waiver ` F implementation, enforcement referral following several attempts '"aAc at compliance Questions ? Thomas Egleston Senior Program Coordinator Washington County Solid Waste & Recycling Thomas Egleston@co.washington.or.us 503-846-3665 WashingtonCountyRecycles . com 503-846-3605 AIS-3839 D. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): 15 Minutes Agenda Title: Review of Development Assistance Agreement for 72nd and Dartmouth Mixed Use Submitted By: Sean Fancily,Community Development Item Type: Meeting Type: Town Center Development Agency Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Review agreement to provide development assistance to the SW 72nd Ave and SW Dartmouth project prior to considering a resolution at tonight's business meeting. STAFF RECOMMENDATION /ACTION REQUEST Staff and counsel request the Board's questions and comments on the proposed agreement and resolution. KEY FACTS AND INFORMATION SUMMARY Dartmouth Development Partners,LLC (made up of members of Diamond Investment Group and ScanlanKemperBard (SKB))is proposing a new mixed use building at the corner of SW 72nd Ave and SW Dartmouth Street in the Tigard Triangle. The proposed project consists of two six-story buildings,with 200+ residential units and 6,500 SF of ground floor retail.The development costs are estimated at$61 million, including$5M for SDC's and permit fees.The site is within the Vertical Housing Development Zone and the project will be eligible for the 10-year partial tax abatement.The project is also within a federally-designated Opportunity Zone which provides federal income tax benefits for qualified projects. The developers'pro forma shows a financial gap to meet their targeted rate of return.The Agency's real estate advisor,Mick O'Connell,reviewed the pro forma and found it to be consistent with current market conditions. The developers requested$1.5 million in financial assistance under the Re/Development Assistance program to make the envisioned project financially feasible.The Town Center Advisory Commission deliberated at the March and April meetings and recommended the project receive$1 million in redevelopment assistance to pay a portion of the project's System Development Charges. The Board of the TCDA was briefed on the project and the TCAC recommendation at their April 23 meeting. The Board was supportive of the development assistance request.They requested information about the opportunity cost of funding the assistance for other potential projects in the Triangle. The Triangle Urban Renewal financial model shows that for the next 2 years the district's TIF income could support a borrowing of between$2.5 and$3 million. If the proposed$1 million in Redevelopment Assistance is approved,and the repayment of the city loan for$430,000 in current urban renewal financial commitments is accounted for, there is about$0.9 M to$1.4 M available to fund other Triangle urban renewal projects through Fiscal Year 2020-2021.The New Tigard Triangle:Planning for Equitable Development project is currently developing a priority list of urban renewal projects for the short to mid-term,including the timing of available funding. OTHER ALTERNATIVES At the business meeting item, the TCDA Board could elect not to authorize signature of the Development Assistance Agreement which would delay the redevelopment of the properties,or it could modify the proposed agreement. COUNCIL OR TCDA GOALS, POLICIES,MASTER PLANS 2019-2021 Tigard Council Goals Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.1: Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant,walkable,and connected district. Tigard Triangle Urban Renewal Plan Goal 5—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. Tigard Strategic Plan Goal 2:Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. DATES OF PREVIOUS CONSIDERATION April 23,2019:Development Assistance Request: 72nd and Dartmouth Fiscal Impact Cost: $1,000,000 Budgeted (yes or no): No Where Budgeted (department/program): TCDA Additional Fiscal Notes: A financial model for Tax Increment Financing(TIF) income in the Tigard Triangle Urban Renewal District is being developed and is in draft form.The draft model shows that for the next 2 years the district's TIF income could support a borrowing of between$2.5 and$3 million. If the proposed$1 million in Redevelopment Assistance is approved, that would leave$1.5M-2M in capacity.About$430,000 in urban renewal financial commitments have already been made and the city loan in FY2018-2019 to the Triangle will need to be repaid,leaving about$0.9 M to $1.4 M available to fund other Triangle urban renewal projects through Fiscal Year 2020-2021. Attachments No file(s)attached. / UPPLEMENTAL PACKET ‘1,0 f Z i iso,:::, IP ;4;:=111.1. 1.....".1.- fluili..4:1 A--) 4rISPIu ., i' ATE OF MEETING) s. c. col . i c //z-iag....---4. ig. 0 iii 17,2; az~' ai , ET,. ,„2. rD ‘ 7%Fa,:;1;444",:z.• 'en (ID ! ��;•-mac 7 +�a r1 ! top 7:3 —.axe:✓p -v... - •• ,,,„4•1,17, I. _gm ... • ei it\ tr„,, 3 . ....,EA., ...,,,:.,....... i1/40), ..... „__,Ax„,- -- I :.....„...,....„.. .. ,,„, \ f AA , rD 4.1,t,,..ii,,,r7,11,1", lima* q---- , , -4.- „ ........_._ 4. --; ,-. \ / __,_ /_ � ,� _: fir-\ ;., / \': -., , Li) \ � wl�� 3 __.___.‘,._ ., : ......6.-, , ..., ,. _ _ _ ....,. , 3 ".\3::=4. 1 ,0 � ��i . V , \t's.).\\ :---'....------- .3:2-tt7,-_,_,_:1=711.-=,‘ tall Li.„'''' 1140:-..-‘1.:0-7,„...--:-.;.7-!--_-_ . \ ' : �. v : ,-_'.*P-.Ai* \ ...,r ,, i Z)--113-1, D. Top City Center Urban Renewal Expenditures Project Fiscal Amount Year(s) Attwell Development Assistance: Partial payment of SDC's FY 15-16 $1,609,000 Ferguson Property purchase FY 14-15 $1,347,000 Main St.At Fanno Creek Property Acquisition FY 16-17 $515,000 Main St.At Fanno Creek Clean up FY 17-18 $480,000 ($400K- Brownfields grant) Burnham Street Improvement Contribution FY's 09-11 $440,000 Main Street Gateways FY 15-16 $374,000 Facade and Tenant Improvement Matching Grants FY's 10-13 $334,000 FY's 15-19 Burnham Parking Lot FY 12-13 $218,000 SUPPLEMENTAL PACKET FORi ice. ia ' (DATE OF MEETING) #��PvhRSNtp* Tigard PD Strategic Dashboard `-• c' For April 2019 Z.`r� ' bi :� 2018 Population Estimate 53,697 (Adopted Budget FY 2018-19) 4.4/.. ;t3'''' *TT AO' Small numbers cause large percentage increases and decreases. Crime Snapshot MIIRr Selected Group A Offenses Apr 2018 Apr 2019 %Chg 2018 YTD 2019 YTD %Chg Person Crime 49 33 0 -32.65% 164 135• -17.68% Assault 45 23 0 -48.89% 134 110• -17.91% Robbery 4 5• 25.00% 15 14 0 -6.67%o Property Crime 258 198 0 -23.26% 906 713• -21.30% Burglary-Residential 4 6 0 50.00% 24 22 0 -8.33% Burglary-Business 9 5 0 -44.44% 26 22 0 -15.38% Burglary-Other 0 2• 200.00% 6 7 i 16.67% UUMV 22 13• -40.91% 54 43* -20.37% Theft 126 198 i 57.14% 450 713• 58.44% Vandalism 35 29® -17.14% 143 103! -27.97% Societal Crimes 45 69 53.33% 213 271• 27.23% DUII 11 11 0 0.00% 53 44• -16.98% Drug Offense 13 11 0 -15.38% 48 36 0 -25.00% Disorderly Conduct 9 4 0 -55.56% 37 27 0 -27.03% Calls for Service Apr 2018 Apr 2019 %Chg 2018 YTD 2019 YTD %Chg Dispatched Calls 1845 1831 • -0.76% 7364 6991 0 -5.07% Self Initiated Calls 1328 1562 0 17.62% 6620 5831 0 -11.92% Response Time Priority 1&2 6.82 6.32 0 -7.33% 6.18 6.02• -2.59% Priority 3 9.35 10.65 0 13.90% 9.08 10.33 0 13.77% Priority 4+ 10.53 14.43® 37.04% 9.07 11.1 i 22.38% Community Snapshot Community Concerns Community Outreach and Events Upcoming Events *K9 demo at Mary Woodward Elem(4/3) *Coffee with a Cop(4/22) *Landlord Forum(5/8) *Transportation Fair(4/9) *Tigard Breakfast Rotary K9 event(4/23) *CPO Meetings *Landlord Forum(4/10) *Iron Chef competition(4/23) *Shred event(6/1) *Chat with the Chief(4/17) *Drug Turn-in event(4/27) *Emergency Preparedness Fair(7/19) *Tigard Egg Hunt(4/20) *CPO meetings *Police Open House(9/28) *Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 ,n l.k.,f,l� *�' Tigard PD Strategic Dashboard roLic� 5 ! For April 2019 �f, (,A<r) 2018 Population Estimate 53,697 (Adopted Budget FY 2018-19) Irl, * ii ,1\` - Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 63.0 69.0 91% Non-Sworn 15.0 16.5 91% Total Number of Personnel 78.0 85.5 91% Patrol Officer Staffing 33 I Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy - - - #of Recruits in FTEP - - - #of Personnel on Extended Sick Leave/FMLA 1 1 2 #of Personnel on Military Leave - - - #of Personnel on Light Duty 1 - 1 #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 2 1 3 Total Officers Available to work PATROL some period during the Month 31 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2017-2018 FY 2018-19 Budgudg Percent YTD Statust Percent YTD gtatust Department Budget Actual Budgeted Actual Budgeted Administrative 70% 83%• -13% 78% 83% -6% Operations 74% 83%• -10% 74% 83% -9% Services 81% 83%! -3% 78% 83% -6°% Total Department Budget 76% 83%• -8% 75% 83% -8% Budget Information is based on the best available data. FY 2017-2018 FY 2018-19 BudgBudg Percent YTD t Percent YTD Status et Department Overtime Actual Budgeted Actual Budgeted Administrative 670/0 83%• -16% 290/0 83% -55% Operations 44% 83%• -39% 50% 83% -34% Services 81% 83%• -2% 43% 83% -41% Total Overtime 53% 83%• -30% 46% 83% -37% 2 77.--,,as.D.Rsi,,,... Tigard PD Strategic Dashboard ti 'P ' 'P For April 2019 y cry , 4,r 2018 Population Estimate 53,697 (Adopted Budget FY 2018-19) ICalls� For Service'- By Month Public Demand Self Initiated AVERAGE _- >cm AVERAGE APR-19 APR-19 MAR 1q 4 3 FEB 19 MAR-19 y; FEB 19 l'i•fall JAN 1q JAN-19 WA DEC ' DEC NOV 'a NOV OCT. OCT (.;ii3 SEPI SEPT AUG AUG Bye. JULY + 2017 JULY tal JUNE JUNE MAY i.+ MAY /2,l21 APR APR , 2.1?ir i 1 l MAR . - "Al _ 150C 2EC-C 2522 - _-_ 15L -.. . IResponse Times - 5 Year Trend PRIORITY 1 &2 PRIORITY 3 6.82 10 6.22 5.48 �..`�"�632 /'50.57 10-13o•''''...°'' 0.13 1 \ /I 9A 9.35 -+16 2017 2018 2019 2015 2016 2017 2018 2019 PRIORITY 4+ Priority 1= Priority 3 = .43 Imminent threat to life /j 4 Urgent call where crime prevention is needed 9.48+..'-...*.'10.17 937...... 1053 I I Priority 2= Immediate threat to life,occuring now , Priority 4+ = Cold crimes or public assistance 2015 2016 2017 2018 2019 3 p,DE "-- RSfi I Tigard PD Strategic Dashboard `r OLIO �� For April 2019 '-.4. < 1 2018 Population Estimate 53,69- (Adopted Budget FY 2018-19) /cif*Tr.:\-Nc:s em ICalls For Service - By Month APRIL DISPATCHED °. PRIL SE : NITIATED 1855 /,1845 1831 2167 ,...""°° ��1624 1506 1473 I 1584„_L _,,16161562 1372 ``'1328"�' E 20142015 2016 2017 2018 20 -=,;2014 = 015 2016 �`;: 2017 2018 2019 Y, ITracking Code Cases - Year to Date The tracked counts of these have all /Overdose 0 3 4 8 7 increased. Each involves multiple officers,evidence processing, and trips to POH 42 40 39 77 49 hospitals in some cases. Suicide 2 2 3 4 6 Att. Suicide 21 13 20 27 14 DHS Refer 159 160 164 189 194 DHS referrals and cases of allegations of Vulnerable Adult 6 11 21 15 42 abuse to an elderly or mentally challenged victim end up in the caseload Dom Viol 30 19 34 49 44 of Detectives and SRO DV No Crime 10 37 39 47 45 s. / ORC Theft 7 14 12 18 25 Domestic Violence reports have Graffiti 53 21 16 65 15 doubled in 5 years . IBHI - Transient I Total Calls Logged: 263 #of Calls - BHI 134 # of Calls Transient 129 # of Calls Dispatched 186 #of Calls Self Initiated 42 Total Time Spent 140:00:00 (hr:min:sec) 4 _ RDE Syf� 1a19 i; ., ) ,, Tigard PD Strategic Dashboard rf ir,.,. .‘,,, `'r ,410- For April 2019 ,t:: V Z Crime Sna shot Q ~ a � h %Selected Group A Offenses Apr 2018 Apr 2019 Chg 2018 YTD 2019 VTD %Chg r-1 w Person Crime 49 -32.65% 164 135• -17.686i5 E<'' 'Assault 45 23• -48.89% 134 110• -1-.91% Z Robbers- 4 5• 25.00% 15 14• -6.67010 w _ 0 Property Crime 258 19840 -23.26% 906 713 fl -21.30% L4 w rBurglar-Residential 4 6• 50.00% 24 22• -8.33% -4 I E"'� Burglarr-Business 9 3• -44.44% 26 22• -15.38% a < Burglary-Other 0 2• 200.00°'0 6 7• 16.67% O t t MV 22 13• -40.914.0 54 43• -20.3x% V] I. Theft 126 198• 5-.143/4 450 -13• 58.44% Vandalism 33 29• -1-.14% 143 103• -2-.9-3/4 Societal Crimes 45 69• 53.33% 213 271• 27.23% DLII 11 11• 0.00% 53 44• -16.98% Drug Offense 13 11• -15.38% 48 36• -25.00% Disorderly Conduct 9 4• -5356'c 3- 2-• -27.03% Calls for Service Apr 2018 Apr 2019 %Chg 2018 YTD 2019 YTD %Chg Dispatched Calls 1845 1831. -0.76% -364 6991• -3.07-c Self Initiated Calls 1328 1562• 1-.62% 6620 5831• -11.92% Response Time Pnonts 1 &2 6.82 6.32• '.33% 6.18 6.02• -2.39°.c Priontr 3 9.35 10.65• 13.90% 9.08 10.33• 13.'-% Puoritr 4-- 10.53 14.43• 3-.04% 9.0- 11.1 0 22.38% SUPPLEMENTAL PACKET FORS/, l, Tigard High School Update: May 14, 2019 (DATE OF MEETING) • Recent o The Tigard Model United Nations Club went to state conference at the University of Oregon last month. o The Speech and Debate Team attended the state tournament at Western Oregon University. Kailey Harrold and Caroline Williver placed first in their event. o Our Spring play, "The Comedy of Errors," wrapped up this weekend. o Boys Tennis won the OSAA Acedemic All-State Award for having the highest average GPA of all tennis teams in the state. • Upcoming o The baseball team has their senior night tonight against Lake Oswego. Their regular season wraps up tomorrow. o There is a guitar concert on Thursday at 7:00pm in the auditorium. o This Friday is a busy day at THS. From 3:30-5:30pm, Leadership is hosting its annual "Ti-Fest" outdoor concert. After that, head inside for "International Night," a celebration of all the different cultures that make THS the great place it is. o Prom is on Saturday at Montgomery Park. o There are three more music performances next week, specifically a band concert on Tuesday at 7:30pm and a choir concert on Wednesday and Thursday at 7:00pm. All three performances will be held in the auditorium. o IB Testing is happening all month. If you know anybody who is testing, wish them luck. City Council Update May 2019 SUPPLEMENTAL.PACKET FOR Chamber Update (DATE OF MEETING) Leadership Tigard Public Safety&Judicial Day was held today. Last class of program. Class learned about Commercial Crimes trends, active shooter training, handling crime and livability problems on your property, civil law for business and Crisis Communications/Video Story telling. Applications now open for 2019-2020 class beginning in October. This class succeeded at raising over$6K for Chelsea Hicks Foundation. Graduation is May 21st 5 p.m. Education,Advocacy, & Building a Strong Local Economy • GAPP Committee Meeting will be 5/16/19 • 7 Business joined the chamber in April. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly • 5/16 Good Morning Tigard - Hosted by Non La Vietnamese Cuisine • 5/23 Good Morning Tigard Hosted By The Good Cake Bakery • 5/30 Good Morning Tigard - Hosted by Tigard City Council • 6/6 Good Morning Tigard -Available! Book Now! Affinity Groups • 5/15 B2B Affinity Group - Hosted by Vantage Point HR Solutions • 6/4 Health Care Affinity Group at ADAPT Training • 6/11 Home, Garden & Design (HGD) Affinity Group -At Fairway Independent Mortgage Tigard Shining Stars Community Awards Celebration was a great success. Thank you to all who came and celebrated our award winners. Details at http://business.tigardchamber.org/events/calendar/follow us on Twitter @tigardchamber Tigard Farmers Market Update • Tigard Farmers Market is now open!. We are still accepting vendors, sign up for the community booth or to perform music at the market and more. Thank you to Tigard Liquor,Tigard Tap House, B&B Print Source and Beach Hut Deli for your support. TDA Downtown Updates • Save the Date for Downtown Tigard Artwalk May 31st—June 2" in Downtown Tigard. • This years Art Walk Coordinator is Kelly Marks. She can be reached at artwalk@exploredowntowntigard.com • Save the date for Street Fair, Saturday Sep 7th, 2019 Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard 'TDA 3. TIGARC Leadership Tigard I ce+,eMsea or COMMERCE Building Leaders.Growing Community. GAn\t.(;ATNEN,(AV f:E AGENDA ITEM NO. 2E - CITIZEN COMMUNICATION DATE: May 14, 2019 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED W Name:D AWN �.S 0g k 1 t\I k f Also,please spell your name as it sounds,if it will help the presiding officer pronounce: e O � Address / 3 y q-3 S r7 S.11 1°) City _ � g 4 A g Cf] 2 2 State C) A Zip Phone No. $'D 3 _ 4.2 6 —222 6. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\Citizen Communication.doc AIS-3841 3. A. Business Meeting Meeting Date: 05/14/2019 Length (in minutes):Consent Item Agenda Title: Proclaim EMS Week Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Snider proclaim Emergency Medical Services Week in Tigard? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Emergency Medical Service professionals (EMS) play a critical role in service to healthcare, public health and public safety. On any given day, EMS professionals are standing by to provide life-saving care to residents in our community. In fact, the public counts on EMS to help them in their worst, most harrowing moments. Quick response to medical emergencies like heart attacks, strokes or drowning are frequent,but they also provide valuable aid and a steadying presence to those with injuries caused by motor vehicle collisions, shootings, stabbings and other violence; as well as the myriad of illnesses and injuries that occur daily. When the big incidents hit—whether natural (wind storms, floods,pandemics) or man-made (terrorist attacks, explosions, active shooters) —EMS professionals provide medical care and compassion that helps a community pick up the pieces. They are a vital team member in the nation's healthcare system and great partners to Tigard's first responders. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The city has issued this proclamation for a number of years to recognize and honor our great relationship and respect for TVF&R and Metro West Ambulance emergency responders. Attachments EMS Week ms,µ4, , s-T :i -4. -. tr,-..,,, : , .. „ , , ,. . f„,....,,,,),,, „. , .. , . , . . . . . , - 0/c i % 1 r / i cit,of Tigard . EMERGENCY MEDICAL SERVICES WEEK May 19 - 25, 2019 - WHEREAS, Emergency Medical Services is a vital service to the community,the 1., • a members of emergency medical service teams are ready to provide compassionate, lifesaving care to those in need 24-hours a day, seven days a week; and WHEREAS,Access to quality emergency care dramatically improves the survival and - Ir recovery rate of those who experience sudden illness or injury; and i WHEAREAS, The emergency medical services system includes paramedics, .f4' 1'g firefighters, law enforcement officers,emergency physicians, emergency nurses, I '11 emergency medical technicians, emergency medical dispatchers, educators and administrators; and of WHEREAS,The members of emergency medical services teams,whether career or c volunteer,enhance their lifesaving skills by completing thousands of hours ofi ,, specialized training and continuing education; and I !e- x -1;::, WHEREAS, Tigard residents benefit daily from the knowledge and skill acquired by ,,- ., 3 these highly trained individuals, it is appropriate to recognize the value and j ;., accomplishments of emergency medical service providers. IIe . a NOW THEREFORE BE IT RESOLVED THAT I,Jason B. Snider, Mayor of the City of j l. ;' x). Tigard, Oregon,do hereby proclaim the week of May 19—25.2019 as ,. .4":: 1 h EMERGENCY MEDICAL SERVICES WEEK ,t in Tigard, Oregon and encourage people throughout the city to recognized the value emergency medical service providers give to our community and honor them for a job well done. al-"""- lea a r Dated this day of ,2019 �, ,i•_s j SS' '' IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. T. o tx .1715 Jason B. Snider, Mayor City of Tigard `”' =' Attest: ;1 1 ; t Carol Krager, City Recorder , AIS-3843 3. B. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): Consent Item Agenda Title: CONTRACT AWARD -FINANCIAL ADVISOR SERVICES Prepared For: Jamie Greenberg Submitted By: Jamie Greenberg,Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda- LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for Financial Advisor Services to PFM Financial Advisors LLC? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for Financial Advisor Services to PFM Financial Advisors LLC and direct staff to execute the contract. KEY FACTS AND INFORMATION SUMMARY The role of a Financial Advisor is to work on behalf of the city during complex financial transactions. Most commonly at the City of Tigard,the Financial Advisor helps the city with the issuance of debt. Services include advice on type of debt,when,where and how to market the debt,and working with bond counsel on the legal documents related to debt. Tigard's urban renewal district has debt that will need to be restructured prior to a balloon payment in September of 2019 and may be seeking a bond for a new police station in the next couple of years. The city's Financial Advisor will play a key role in ensuring that the city is positioned to accomplish these important tasks. The City of Tigard issued a Request for Proposal that closed on April 2,2019. Two proposals were received from qaulified firms.These proposals were scored and evaluated and PFM Financial Adviors LLC has received the recommendation from staff to be awarded the contract. PFM Financial Advisors LLC terms will be for a 5 year contract with annual renewals. OTHER ALTERNATIVES The Local Contract Review Board can elect to not award the contract at this point in time and direct staff to go forward without the services of a financial advisor. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS This helps with accomplishing Council Goal#1,Strategy#1.3,Pursue a local option levy and/or bond in May 2020. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board is being asked to award this contract. Fiscal Impact Cost: $30,000 Budgeted (yes or no): Yes Where budgeted?: Finance Additional Fiscal Notes: Tigard's Downtown Urban Renewal District will need to issue debt prior to September 2,2019. The City's Financial Advisor also provides guidance in other areas such as financing of General Obligation Bonds,Urban Renewal,Local Improvement Districts,and other debt. PFM Financial Advisors LLC will charge$315 per hour for these services. These additional services will be paid by the Finance and Information Services Administration Division Attachments No file(s)attached. AIS-3850 4. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): 5 Minutes Agenda Title: Award Prize to 2019 If I Were Mayor Student Contest Winner Prepared For: Joanne Bengtson Submitted By: Joanne Bengtson, City Management Item Type: Receive and File Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Should Mayor Snider name Alberta Rider student Stacia Nagengast as this year's If I Were Mayor student contest poster winner? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY The Oregon Mayors Association (OMA) teams with Mayors throughout the state to promote a local If I Were Mayor contest by the same name for the purpose of selecting one local winner in each of the three categories: Elementary School (grades 4-5) Poster Middle School (grades 6-8) Essay High School (grades 9-12) DigitalMedia Presentation (e.g.,video,PowerPoint,Prezi, etc.) The Mayor of each participating city identifies a local winner in each category (if entries are submitted) and then the winning presentation in each category is forwarded to Salem to represent their city in the statewide OMA contest. Statewide winners will be selected by a committee of OMA members. Statewide winners and their mayors will be notified mid-June 2019. First-place statewide winners and their parent(s) will be recognized at an awards luncheon held during the OMA Annual Conference in Medford, August 1-3,2019,where they will receive their prizes—an Apple iPad Air 2 tablet. OTHER ALTERNATIVES N/A COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION Tigard has participated in the annual If I Were Mayor contest every year since it began in 2009. Fiscal Impact Cost: 54.95 Budgeted (yes or no): Yes Where Budgeted (department/program): 100-0500 Additional Fiscal Notes: The contest had three categories, each to be awarded a$50 Visa gift card (+4.95 activation fee), but Mayor Snider only recieved entries for the Poster contest. Attachments Stacia Nagengast Winning Poster } , 4 t33,3.cia, 7 Lesce....duritte' •L Naenlcc's$ J Uot3(Aki,• •• , -111--lincks i vsiould f)rovide , ,....,... ., •Ctecin oLtse.3 ..: '.'i,.... ...4: i• t • 1 ,,i,•••.,,k •HQve, • ircc,IKI' lhIs on main anci .1.. _ buy roads , „... ..... * l-loble, I a c\cart qf etn pa(k. roe WildliP , c:A well b pcopie, • Have multtp1C. li.brorl'es open • ProVidts,,,v WI pawnok lobs .t• , .. No - allow lo'gclitc.0 in fhc / '-' , _ .. -, D, ComrnunitLL , . 11 I 1 ,,••••, .., — • --fix-", , • rovide, oicac,rne,rpea to help people_ in \o\s more,' 1 . . _ \.2 , 1 , i .L....!.., '` '''' °.::;r4;4''' "4kr 'C'' i4:41---,-- '''' , ' •-•:?4,iNr.._ :lc- A.--' "6".N. '‘' V,..,74:' . ,-44,44, .4,4...,....., 1;1' 1 ... '*4-..,..' r*:" . .47' ,..* 44. .V.L .,...., .4. 7r-- ' • ,,,r „44""...;`,1/4-' .tf'-'4' . ''"';',,f-:,,,,4 -V-4t ''' .4.ra.,' S.*,........, ...*' ,.•io 4 V ....'...., ."...-::-.4-......-- ..,„„46. • 4.1/4,,,,.,0 , ,,, ,.,, , ,,,,,v-1/4., . :,....1/4... yffrIstrairfo....„,,,„,„.4.- i 4Y..,:- .:-'47747::,•,,•''',"'''"'''' 'A*j'A'Ier"4'44**- -- ',,-...,, `,-, _ \ , ‘ LIB AR1 _ ,I , .._„...,..._, viiI61Sc, Ond e's°h&iki bc , i .... Ti 1 i, \hcA. CS wh't\N Ve.ntS ?e-I1C- s•cL -\\,-)c,\ ,s \,,,h, LA,c\ton,i, , , • --)1.01c0(%a , , I ,, i 1 ,\___L_ ii I AIS-3821 5. Business Meeting Meeting Date: 05/14/2019 Length (in minutes):45 Minutes Agenda Title: Metro Bond Local Implementation Strategy Update Prepared For: Schuyler Warren,Community Development Submitted By: Schuyler Warren,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Receive an update from Washington County Department of Housing Services on the Local Implementation Strategy for the Metro Regional Affordable Housing Bond. Receive an update from Community Development staff on city preparedness for bond projects. STAFF RECOMMENDATION /ACTION REQUEST Update only-no action is requested at this time. KEY FACTS AND INFORMATION SUMMARY In November 2018,Metro-area voters approved a$652.8 million regional affordable housing bond. This bond will create affordable housing for approximately 12,000 people across the region. In the same election,voters statewide approved an amendment to the state's Constitution that will allow these funds to make a greater impact by leveraging private investment in affordable housing. The bond will provide approximately 3,900 affordable homes,with 1,600 of those targeted for the lowest income bands - those making 30 percent or less of the area median income.Additionally,at least half the units will be sized for families with at least two bedrooms. • The proceeds from the bond are being distributed through the housing authorities of the three Metro counties,including subawards to the region's community development block grant(CDBG) entitled communities.Each of these implementing jurisdictions must prepare and adopt an implementation plan that provides a roadmap for distributing funds and meeting region-wide targets. Since Tigard is not a CDBG entitled community,all bond-funded projects within the city will be coordinated through the Washington County Department of Housing Services. Representatives from that agency are providing an update on the progress in developing and adopting the implementation plan for the county. Tigard Community Development staff will also provide an update on progress of the city's Affordable Housing Plan,which will help the city compete for bond dollars. That plan is scheduled to be presented for Council adoption later this summer. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. Strategy 3.2 Complete and Affordable Housing Plan and adopt recommended strategies to promote the development and retention of affordable housing in Tigard. Increase advocacy at the regional level for housing that is affordable, funding strategies,and consider an excise tax. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments No file(s)attached. c.,,,,,,, ----,c;t ,, ,,, ,,,, , -..-A‹ ."..„,,,;„.4„,,,,,,,,,,,, 0REG0, Washington County Affordable Housing Bond Local Implementation . „, Strategy �Li. E W 14_ Z w Tigard City Council ave May 14, 2019 CoQ � w Komi I<alevor, Executive Director Shannon Wilson , Housing Development Coordinator Housing Authority of Washington County , ,,,,,,,,,\,„,,,A,::,„:„.„,,,,,,,,,,,.,,,,,,,, ,ii,:,iiie,,,,,,. \\\,!;‘,:‘,,,,,,,,!, ,.. , , , ,,, , ;h,,,,,,,, , .,‘,4,\,,,, ,,,,,,;,\,,,,,.:.. ,\,„. , ,,;\ ,, ,,,,ot ,,. , !k,,,, , ,,,,, lt.\\\\ii \\\\::,..i* 1''",i"" s,1k, ‘: y y +" k44 n pt t 9 e " y. P }ArNes4,4, d h Metro Regional Housing (Measure 26 - 199 and Oregon Measure 102 ) • $652 .8 million in bond proceeds to be used in Washington , Multnomah , Clackamas (area within the UGB) • In Washington County - $ 188 million for housing projects; target is to build or acquired 1 , 316 units of regulated affordable housing in the county between 2019-2026 (5 - 7 years) Units to be Produced with Metro Bond Beaverton, 218 404 414 Hillsboro, Balance of 284 County, 814 ,ETON co�GZ 3 � 5/14/2019 Slide 2 e0R Metro Housing and Framework in Washington County Bond Area Leading with Racial Equity and Community Engagement 334 units (in Washington County) serving households at or below 30% Median Family Income 407 units for families (2 + bedroom units) Up to 81 units created serve `workforce households' earning 61 -80% Median Family Income Household 30% Median 60% Median 80% Median Size Family Family Family Income Income Income 1 person $ 17, 100 $ 34,200 $45 ,600 4 people $ 24,420 $48,840 $65 , 120 Source: HUD.gov accessed on 9/10/2018 4400Ar co ti yah Local Implementation Strategy Key Features of LIS • Each implementing jurisdiction develops their own strategy • Outlines how the jurisdiction envisions achieving its unit production target • Four guiding principles 1 . Housing development plan, including criteria and selection process for projects 2 . Strategy for advancing racial equity throughout implementation 3 . Engagement report summarizing how stakeholder input shaped development of the strategy -- 4. Plan for ongoing community engagement ,GTaNc 5/14/2019 Slide 4 ''` Key Features of LIS Each Implementing jurisdiction develops its own strategy Autonomy Collaboration Coordination Each Implementing jurisdiction has a unique strategy Land Availability Local Development Partners Major transportation and economic corridors High Opportunity Areas HUD -Qualified Census Tracts (QCTs) and Small Area Difficult to Develop Areas (SADDAs) .14 kt „, /14/2019 Slide 5 oREG& 4 ,.Guidin Princi les 4.'' '''. TM (Ii 1 HousingDevelopment Plan '° �a tky 5 .4 "' p • Targeted balance between HAWC-owned , private developer- owned housing and non-profit developer-owned housing • Geographic distribution of bond-funded projects Balance between new construction and acquisition / rehabilitation of existing housing • Connection with supportive housing services 2 ) Strategy for advancing racial equity MWESB Contracting • Affirmative outreach and marketing to target populations • Low-barrier screening criteria Project Based Voucher (PBV) process „.a"' , 3 <(,TON CO 5/14/2019 Slide 6 OREGON Guiding Principles i , tati, Community Engagement 4.0 Sri }: r Coordinated outreach to communities of color Development community, public and private Identification of key issues and priorities for the community 4) Plan for Ongoing Community Engagement ■ Phase 2 - contract with community engagement practitioner Focused on reaching underrepresented communities, neighborhoods impacted by a proposed housing project, and general community members „Ao 'Z5a s ° 5/14/2019 Slide 7 Rfc4 Leveraging Resources • Maximize use of non -competitive resources • Maximize use of private resources • Maximize local resources • Project Based Rental assistance • Property tax exemption and /or PILOT agreement • HAWC Conduit Bonds • Housing Production Opportunity Fund and Washington County General Fund • Resources of partner jurisdictions fr-/- 6"" `'o:.. I .aryl. • its I 4' '4! • .�,..� pw. r , -. ,..W, zy� 5/14/2019 Slide 8 oREc& LIS Development Next 4 / 23 - 30-day Public Comment period begins 5 / 7 - Board of Commissioners Public Hearing 5 / 1 - 5 / 31 - Presentations / Listening Sessions with each City Council , Washington County Planning Commission and Policy Advisory Board 5 / 28 - Board of Commissioners Work Session to review LIS Draft 2 6 / 11 - Board of Commissioners Work Session to review LIS Draft 3 6 / 25 - Board of Commissioners considers approval of LIS 7 / 24 - LIS review by Metro Community Oversight Committee 8 / 1 - Metro Council considers approval of LIS ��`,GTON coG 2 3 < /14/2019 Slide 9 OREGOa For more information : nups : / / www. co .washington . or. us / Housingireg Tonal -affordable - housing - bond . cfm To provide public comment : AttordableHousingBond@co .washington . or. us ��`aG7ON(`OG /14/2019 Slide 10 OREG& ., [1! 2 wwo w a. (/) w Tigard Housing S Implementation Plan City Council May 14, 2019 ALAND USE PLANNING TRANSPORTATION PLANNING s •, PROJECT MANAGEMENT TIGARD Project overview DLCD Grant • Housing Strategy Implementation Plan (HSIP) funded by state grant Nir • House Bill 4006 (2018) - allocated $ 1. 73 DLCD million for planning technical assistance • To qualify, >25% of city's renter households must be "severely rent burdened " (pay >50% of monthly income on rent) • 27% of Tigard 's households are severely rent burdened APG Tigard Housing Strategy Implementation Plan City of Tigard 2 Project overview Rowhouses • Objective: Identify strategies and implementation steps for increasing the supply and affordability of housing in Tigard , tae • Build on past and ongoing housing efforts: • 2013: Housing Needs Analysis 11-=- • • 2016: Affordable Housing Strategies Report Cottage Clusters • 2018: Code amendments for "missing middle girl isx housing" s • 2018: Southwest Corridor Equitable Housing Strategy (partnership with Portland and Metro) • 2019: Tigard Triangle Equitable Urban Renewal _ == Implementation APG Tigard Housing Strategy Implementation Plan City of Tigard 3 Project Schedule Tasks Nov Dec Jan Feb Mar Apr May Jur 1 Project Kickoff Task Force Meeting Public Event i► O Aft 2 Research Issues&Opportunities 1 Draft Deliverable Background Report D Final Deliverable Public Meeting#1 Draft#1 Affordable Housing Plan (PART 1) (UJ /� �. Draft#1 Affordable Housing Plan n it (PART 2) u WE 3 Affordable Housing Plan ARE HERE Draft#2 Affordable Housing Plan s� Final Affordable Housing Plan Implementation Recommendations Summary Report APG Tigard Housing Strategy Implementation Plan City of Tigard 4 Affordable Housing Plan (AHP) Funding Sources Programs to Develop or 1. Construction Excise Tax Preserve Affordable Housing 2. CDBG Entitlement / HOME Program 8. Inclusionary Zoning 3. TIF Set Aside 9. Preservation of Low Cost Market Rate (LCMR) Housing 10. Tenant & Homeowner Protections Tools that Remove 11. Incentive Zoning Development Barriers 12. Community Land Trusts 4. Reduced or Exempted SDCs 13. Land Banking & Acquisition 5. Development Fee Reductions 14. Staff Allocation to Housing Program 6. Tax Abatements 15. City Support for Resident Services 7. Addressing Restrictive CC&Rs APG Tigard Housing Strategy Implementation Plan City of Tigard 5 Strategy Evaluation Evaluation Criteria • Administrative Investment: How much staff time and resources (financial or otherwise) are required to establish the tool? • Feasibility: Will stakeholders accept or support the tool? Is the tool legal? Are there other barriers to consider? • Flexibility: Can the tool be flexibly used to achieve multiple outcomes? • Impact: How many units or dollars might be produced or preserved, relative to other tools? Good / Few drawbacks Strategy Rating okay / Some drawbacks Difficult / More drawbacks ? Unknown? APG Tigard Housing Strategy Implementation Plan City of Tigard 6 AIS-3838 6. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): 20 Minutes Agenda Title: US Census: The Road to 2020 Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE How does the community need to prepare for the 2020 Census in Tigard? STAFF RECOMMENDATION / ACTION REQUEST The Council will receive a presentation and information from the U.S. Census Bureau about the 2020 Census. KEY FACTS AND INFORMATION SUMMARY The U.S. Constitution (Article 1, Section 2) mandates a headcount every 10 years of everyone residing in the United States. The population totals determine the number of seats each state will have in the U.S. House of Representatives, the boundaries of legislative and school districts in each state, and how approximately $675 billion in federal funding is distributed to communities each year. Sarah Bushore, Partnership Specialist from the U.S. Department of Commerce U.S. Census Bureau, will provide an overview of the 2020 Complete Count Committee; the questions that the Census will ask; and the importance of everyone being counted. Census offices are opening now in communities across the country. Complete Count Committees (CCCs) are created to build awareness about the Census in all communities. They develop and implement 2020 Census awareness to encourage a response campaign based on their knowledge of the local community. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first presentation about this information to the Council. Attachments Powerpoint TheRoadto 2020 City o aTi r Sarah Bushore Partnership Specialist US Census Bureau May 2019 United States U.S.Department of Commerce CensusEconomics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov Why We Do a Census • Article 1, Section 2 of the US Constitution The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. • Key Purpose is Apportioning the 435 seats belonging to the US House of Re • resentatives. United StatesU.S. Department of Commerce CensusEconomics and Statistics Administration Bureau UeSnsus.CENovSUS BUREAU c .g 2016 Funding • Total funding to all 50 states - $883 Billion • Oregon's Share - $13.5 Billion • Oregon's per capita estimate - $3, 200 United States U.S. Department of Commerce Census Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov 2020 Census Goal -. 9k 3 "iklieft444.....• 9 .i. • • 9 • , 9,. • Count everyor 94 . once,iv 99 onlyn and in the right lace. itaf ..01 7 9 9 vh* 9 9 09 9 iii iv . . United States U.S. Department of Commerce Ces C Economics and Statistics Administration -Bureau U.S.CENSUS BUREAU census.gov New Ability toSelf 23, 2 2March Starting • Internet 0 • Phone C ' • Paper Or traditional in-person interview United States U.S.Department of Commerce Ce n C U C Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census gov Languages Internet Self- Paper Form Questionnaire Enumerators, Language Card Response Help Mailed Items and Guides English English 13 languages English 59 languages Spanish Spanish Spanish Chinese (Simp.) Plus TDD Plus ASL Vietnamese Plus Braille Korean Plus Large Print Russian Arabic Tagalog Polish French Haitian Creole Portuguese Japanese 63t6 ited Sts U.S.Department of Commerce C 1 1 s U Economics and Statistics Administration .S.CENSUS BUREAU Bureau ceUnsus.gov What D We Ask? 1. Address /tiYoiiiAiiieii�'uái 2. Phone Number 3. Count of Each Person At That Address HELP THE NA 1 I 4. Name TEN-YEAR ROLL CALL S. Gender 6. Age and Date of Birth ' -, affirliVk 7. Race 8. Hispanic, Latino or Spanish Origin I'EQPiE . 4. HOMES FARMS BUSIMESSIfACTORIFS 41116.11....9. Whether Someone Lives Somewhere .:.Ati;,.�,�� -(lMUM Else 10. Relationship 1940 CENSUS 11. Citizenship * MANY l -If * U• 5•A * WILLIAM 1. Unitegag U.S. Department of Commerce Ce 1 1 Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov Private an ,,,„, i ..; • Onlyaggregate data reported � � ' • Prohibited by law from mos releasing personal information to any person or organization11i, ,,,, s= USC Title 13 7 �� • Life-time oath by all Census Bureau employees • Penalties for wrongful disclosure : up to 5 years imprisonment and/or a fine of $250,000 United States U.S. Department of Commerce Cen S u 5 Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov to Ha r - -Count Populations • Seniors • Renters • Children younger than 5 • Homeless • Migrant workers • Foreign-born/Immigrants • Low internet access United States U.S.Department of Commerce Cen C u C Economics and Statistics Administration Bureau U.S CENSUS BUREAU census.gov Population 2018 Census Pop Estimates State of Oregon 4, 190, 713 Washington County 597, 695 2017 American Community Survey Estimate City of Tigard 51, 355 United States U.S. Department of Commerce Ce Economics and Statistics Administration U.S.CENSUS BUREAU rarsor Bureau census.gov n �• S r e os Those62or 2017 ACS 9,426 18.4% Issues : • Physical Isolation • Mental Health • Feeling they don't matter • Access or ability to use the internet Urilted States U.S. Department of Commerce CeC Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov Renters 2017 ACS Renters 39.9% Owners 60. 1% Issues : • More Transient/Frequent Movers • Less Community Involvement? • Apathy? United States U.S.Department of Commerce CensusEconomics and Statistics Administratiolimm n U S. s.gov CENSUS BUREAU Bureau censu Children UndertheAge oFiv e 2017 ACS 3,387 6.6/ Issues : • Split Custody • Children living in age restricted housing • Byproduct of parents not responding United States U.Scensu s.go. Department of Commerce Census Economics and Statistics Administration Bureau U.S SUSv BUREAU The Homeless Count Using Point in Time ( PIT) statistics from 2017, there were 544 individuals living in sheltered and non-sheltered environments in Washington County. In 2015, PIT counted 591 individuals. Thirty percent of the state's homeless population live in Multnomah County. Using 2010 Census data, there were 23 homeless i _ • ividuals living in Tigard and 3,024 in Oregon . United States U.S. Department of Commerce Cen C u C Economics and Statistics Administration Bureau Ucensu.S.Cs.gENovSUS BUREAU Migrant Workers Washington County Using OSU info from June 2018, they estimate there were 2, 500 individuals working in migrant jobs throughout Washington County in 2017 . This figure does not include family members who may accompany the worker. United States U.S. Department of Commerce Cen C U C Economics and Statistics Administration Bureau U.S CENSUS BUREAU census.gov Foreign Born Residents Naturalized Citizen 3, 837 Not a US Citizen 3, 575 Total Foreign Born 7,412* Issues : • Language • Fear • Unaware of Constitutional Requirement * 2017 American Community Survey United States U.S.Department of Commerce census.gov Census EconomicsB and Statistics Administration U.S.CENSUSBUREAU Bureau t� . own ern tAccesst e 2020 marks the first time Internet and phone options are available for self-reporting. Issues : • Familiarity versus Accessibility • System Security • Trust with information Uriited States U.S. Department of Commerce ce C Economics and Statistics Administration J US.CENSUS BUREAU Bureau census.gov Hard -to-CountPopulations • Seniors • Renters • Children younger than 5 • Homeless • Migrant workers • Foreign-born/Immigrants • Low internet access Cend States U.S. Department of Commerce sus Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov State of O + Dragon X a �� Show search resorts for ore... 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LIIIII ',„,, • :, ...,iir'',,ic.ic,,L1 (.. • i'..)r- ifjre_Jri ,1_if United States U.S. 0,..Decasrt.aT,Int:ititiocr:',,rdeineis„atior, Census riSC°nT CENSUS BUREAU Bureau census gov Hard -to -Count ..jr null , • Census Tract 309 Washington County,Oregon 1 Low Response Score(%):25.4 2012-2016 ACS 5-year estimates ‘,‘ Total Population:5 218 Median Household Income($):38,500 Population Under 5(%): 8.36 Population 18-24(%): '2.05 Population 65 and Over(%):9.37 Below Poverty Level(%):28.27 It Not High School Graduateo Non-Hispanic, Black(%). ,c.. Non-Hispanic,White(%):64.03 Hispanic(%):19.67 American Indian or Alaska Native(%):0.33 Asian(%): '.80 Native Hawaiian or Other Pacific Islander (%): 1.67 Some Other Race(%):0.00 „ ••• " , CUnited States U.S. Department otfisCtiocsmmerc ensus csor)CoErtr\liiscLlaii3-18RVu Administratione Bureau census gay Hard -to -Count Ji4r17.0.,....,. �� �t r_.,,,,.. ,,,,,,/ - Hilly . „ _'�dur mill ❑ X Population 5+Who Speak English Less r Than"Very Well"and Speak Korean (%)- 3 tm r ; Population 5+Who Speak English Less Phan"Very Well"and Speak Vietnamese l",�(Cf.)rl `%)_3.33 Population 5+Who Speak English Less Than "Very Well"and Speak Tagalog (%)-3.�:72 - 1,,, Population 5+Who Speak English Less Than"Very Well"and Speak Arabic (%): Z.33 Total Housing Units:2 2C9 - Total Occupied Housing Units:2 334 Renter Occupied Housing Units(%): 70.70 i; ,- Family Occupied Housing Units with • Related Children Under 6(%):32.77 Population 1+Who Moved From Another Residence Within the Last Year(%): '6.57 ''. dalVacant Housing Units(%): 7.92 Multi-Unit(10—)Housing(%):31.51 Zcc to ... United States� U.S. Department of Commerce Census Economics and Statistics Administration U S.CENSUS BUREAU Bureau census.gov Oregon PartnershipSpecialists Purpose: Increase participation in the 2020 Census of those who are less likely to respond or are often missed. • Educate people about the 2020 Census and foster cooperation with enumerators • Encourage community partners to motivate people to self-respond • Engage, grass roots organizations to reach out to hard to count groups and those who aren't motivated to respond to the national campaign United States U.S. Department of Commerce CensusEU.cSo.nCoEmcUaStAUistics Administration Bureau census.gov CompleteCount • Purpose is to identify, educate and enumerate the Hard- To-Count community. • Tribal, state and local governments work together with partners in their communities to form CCCs to promote the 2020 Census to their constituents. Community-based organizations also establish CCCs that reach out to their members. • Committee members are experts in the following areas: Government Education Media Community Organizations Workforce development Faith-Based Community Business Other, Based on Needs United States U.S. Department of Commerce Ce1 1 G U C Economics and Statistics Administration amminimmemen Bureau U.Ssus.g.CENovSUS BUREAU cen Recruiting Supervisoryrs'ae.‘ Non-supervisory iA., positions available in - Washington County.OR " ' , ' " $17.50-$19.50 per hour JOIN THE 2020 CENSUS TEAM APPLY ONLINE! 2020census.gov/jobs 2020 Census jobs provide: Great pay • Flexible hours • Weekly pay • Paid training n, For ngre Inhamaton or fep applrnp.plea,,•call 1-855-JOB-2020(1-855-562-2020) Federal Relay Seence. 1-BOO 877.8339 TT/ASCII *ewe gee govlledrelay cu!LIa16inlea !!. i .( United States U.S. Department of Commerce Census Economics and Statistics Administration U.S.CENSUS BUREAU ons Bureau census gov Thank Sarah Bushore Partnership Specialists U .S. Census Bureau sarah .m . bushore@2020census.gov (971) 409-9250 United States U.S. Department of Commerce Cen U S Economics and Statistics Administration Bureau U.S.CENSUS BUREAU cen S MENTAL ET Foreign BornResidents (DATE OF MEEPACKTING)# Naturalized Citizen 3, 837 Not a US Citizen 3, 519 Total Foreign Born 7, 356* Issues : • Language • Fear • Unaware of Constitutional Requirement * 2017 American Community Survey United States U.S. Department of Commerce Census Economics and Statistics Administration Bureau U.S.CENSUS BUREAU census.gov Counting for Dollars 2020 The Role of the Decennial Census in the Geographic Distribution of Federal Funds REPORT COUNTING FOR DOLLARS 2020: SUPPLOREGON FORsIE 1�iEN.-4*-�PACKET (DATE OF MEETING) Allocation of Funds from 55 Large Federal Spending Programs Guided by Data Derived from the 2010 Census(Fiscal Year 2016) Total Program Obligations: $13,452,034,877 Program Dept. Obligations Program Dept. Obligations Financial Assistance Programs $13,201,492,721 Medical Assistance Program(Medicaid) HHS $6,686,260,000 Community Facilities Loans/Grants USDA $2,262,022 Federal Direct Student Loans ED $1,297,898,394 Supporting Effective Instruction State Grants ED $21,691,343 Supplemental Nutrition Assistance Program USDA $1,072,982,185 Crime Victim Assistance DOJ $27,651,313 Medicare Suppl.Medical Insurance(Part B) HHS $489,832,396 CDBG Entitlement Grants HUD $19,614,587 Highway Planning and Construction DOT $506,975,879 Public Housing Capital Fund HUD $8,874,000 Federal Pell Grant Program ED $318,600,000 Block Grants for the Prevention and Treatment HHS $20,578,346 of Substance Abuse Section 8 Housing Choice Vouchers HUD $245,500,000 Water and Waste Disposal Systems for USDA $16,551,707 Rural Communities Temporary Assistance for Needy Families HHS $184,305,610 Social Services Block Grant HHS $19,617,883 Very Low to Moderate Income Housing Loans USDA $376,461,086 Rural Rental Assistance Payments USDA $28,022,225 Title I Grants to LEAs ED $145,951,242 Business and Industry Loans USDA $86,287,000 State Children's Health Insurance Program HHS $211,331,000 Career and Technical Education-Basic Grants ED $13,546,508 to States National School Lunch Program USDA $117,760,000 Homeland Security Grant Program DHS $6,799,000 Special Education Grants ED $131,743,911 WIOA Dislocated Worker Grants DOL $13,807,125 Section 8 Housing Assistance Payments Program HUD $60,702,906 HOME HUD $13,984,612 Federal Transit Formula Grants DOT $113,268,000 State CDBG HUD $12,055,779 Head Start HHS $136,355,820 WIOA Youth Activities DOL $11,441,241 WIC USDA $77,785,000 WIOA Adult Activities DOL $10,554,128 Title IV-E Foster Care HHS $119,121,770 Employment Service/Wagner-Peyser DOL $8,717,268 Health Care Centers HHS $87,805,982 Community Services Block Grant HHS $5,700,794 School Breakfast Program USDA $39,415,000 Special Programs for the Aging,Title III,Part C, HHS $8,760,086 Nutrition Services Rural Electrification Loans and Loan Guarantees USDA $0 Cooperative Extension Service USDA $4,795,544 Public and Indian Housing HUD $18,714,000 Native Amer.Employment&Training DOL $428,043 Low Income Home Energy Assistance HHS $35,704,456 Child and Adult Care Food Program USDA $35,408,000 Federal Tax Expenditures $181,555,615 Vocational Rehabilitation Grants to the States ED $51,293,087 Low Income Housing Tax Credit Treas $107,970,134 Child Care Mandatory and Matching Funds HHS $38,761,000 New Markets Tax Credit Treas $73,585,481 Unemployment Insurance Administration DOL $55,779,000 Federal Transit-Capital Investment Grants DOT $102,064,145 Federal Procurement Programs $68,986,542 Child Care and Development Block Grant HHS $30,673,000 HUBZones Program SBA $68,986,542 Adoption Assistance HHS $51,299,298 Prepared by Andrew Reamer,the George Washington Institute of Public Policy,the George Washington University.Spending data analysis provided by Sean Moulton,Open Government Program Manager,Project on Government Oversight. I January 30,2019 Note:The sequence of the above programs is consistent with U.S.rank order by program expenditures.(See U.S.sheet in series.) El Counting for Dollars 2020 publications and spreadsheet with above data available at ht. .1.wi.•.• _. • / • ntin.-•.II.r- ii I-r•--•- -nni.l-c-n --. ..r.. .-•i ri• i.n-f-•-r-I-f n. GWInstitute For further information: of Public Policy Andrew Reamer,Research Professor The George Washington University THE GEORGE WASHINGTON UNIVERSITY areamer@gwu.edu SUPPLEMENTAL PACKET FOR571 1 I rii 46 Why (DATEOFMEETING)WeAsk 4 The 2020 Census is easy. The questions are simple. ft A cif The census asks questions that provide a snapshot of the nation. Census results affect your voice in government, how much funding ♦/ t I. ` your community receives, and how your community plans for the future. 4 � • N When you fill out the census, you help: „-,. �.� � ;,,�,., 410, -� ;` :�. • Determine how many seats your state gets in Congress. ',.�k' •• °' + �',"1J•• . ^ .�_7 A'A*• • Guide how more than $675 billion in federal fundingc r ' • 4. , - , - ', _�. is distributed to � ,a. i , ' !. i.•e•, states and communities each year. •It ,- % \, a * tit. • Create jobs, provide housing, prepare for emergencies, and build schools, • , 'r• roads and hospitals. Pitl Population Count (Number of People Living or Staying) `t 4 ` '1 A We ask this question to collect an accurate count of the number of people at 0 each address on Census Day, April 1, 2020. Each decade, census results k ` determine how many seats your state gets in Congress. State and local �•=: ' officials use census counts to draw boundaries for districts like congressional ; 0., districts, state legislative districts and school districts. ►'k. -, vir Any Additional People Living or Staying .4411r ,� ,� .µ.44- Our goal is to count people once, only once and in the right place according . �. �.v O*a 0. " t, ,4 •• K. 1t 4:1„ 1 A to where they live on Census Day. Keeping this goal in mind, we ask this , question to ensure that everyone living at an address is counted. 4 `" Owner/Renter .14. *-4' j4 4 .,; We ask about whether a home is owned or rented to create statistics about ' ' , t� .ye�' homeownership and renters. Homeownership rates serve as an indicator of � the nation's economy and help in administering housing programs and .J,.e� '. 3- r informing planning decisions. , ,,� " . 4 Phone Number •;. . "• We ask for a phone number in case we need to contact you. We will never ., , share your number and will only contact you if needed for official Census Bureau business. Name : 1:.:4t We ask for names to ensure everyone in the house is counted. Listing the name of each person in the household helps respondents include all , `4 ' , )As members, particularly in large households where a respondent may �;• forget who was counted and who was not. ,' F ! r ► •< f f d' f 4 United States U.S. Department of Commerce C e n s u s Economics and Statistics Administration U.S.CENSUS BUREAU commommi Bureau census.gov Sex We ask about the sex of each person to create statistics about males and females. Census data about sex are used in planning and funding government programs, and in evaluating other government programs and policies to ensure they fairly and equitably serve the needs of males and females. These statistics are also used to enforce laws, regulations and policies against discrimination in government programs and in society. Age and Date of Birth We ask about age and date of birth to understand the size and # ` 'f' . characteristics of different age groups and to present other data by age. • h. 0 4.'e �` k Local, state, tribal and federal agencies use age data to plan and fund • "11 hollfr y�' ' qy�` .t, gt government programs that provide assistance or services for specific age ..4,A4',04,'},t-`,`'� - =. `.�Y.. kk.groups, such as children, working-age adults, women of childbearing age, or i" 1,_! ,' ���* , - , � •f7 Y ' ,tistthe older population. These statistics also help enforce laws, regulations and 4, i , '' ' 1 policies against age discrimination in government programs and in society. , At: . 4 '.1*lit Hispanic, Latino or Spanish Origin -' l i"ir : ', We ask about whether a person is of Hispanic, Latino or Spanish origin to 8 �' ' 33 create statistics about this ethnic group. The data collected in this question y are needed by federal agencies to monitor compliance with anti-discrimination provisions, such as under the Voting Rights Act and the Civil Rights Act. ,* 41 Race t We ask about a person's race to create statistics about race and to present - ' ,mom f other statistics by race groups. The data collected in this question are needed + tip - 14.: by federal agencies to monitor compliance with anti-discrimination provisions, ;` �� .i such as under the Voting Rights Act and the Civil Rights Act. Stateti ,. governments use the data to determine congressional, state and local voting districts. .•, , 4-..,Zitv ' jt,` v s Whether a Person Lives or Stays Somewhere Else , �4,%74"; 44' . + 1 Ourgoal is to count people once, only once and in the right place according _ `.� q �;t1 -)ea. �Hs'd to where they live on Census Day. Keeping this goal in mind, we ask this �1 ,'F'"}Nf't`i� "_ e question to ensure individuals are not included at multiple addresses. ` fik RelationshipA' ' / + t We ask about the relationship of each person in a household to one central " r, `� person to create estimates about families, households and other groups. �' Relationship data are used in planning and funding government programs that provide funds or services for families, people living or raising children alone, grandparents living with grandchildren, or other households that qualify for additional assistance. •` R' Citizenship •�•;,1' A question about a person's citizenship is used to create statistics about ,,s. #! citizen and noncitizen populations.These statistics are essential for . �, P 1 �. enforcing the Voting Rights Act and its protections against voting AT• discrimination. Knowing how many people reside in the community and , �' � :ffix, r� .^ how many of those people are citizens, in combination with other information, provides the statistical information that helps the government enforce Section 2 of the Voting Rights Act and its protections against discrimination in voting. + Connect with us @uscensusbureau SUPPLEMENTAL PACKET FOR 5I 1`1 I l`' ' t`' SUPPLEMENTAL PACKET (DATE OF MEETING) i The 2020 Census and Confidentiality (: 1l Your responses to the 2020 Census are safe, secure, and ` N, protected by federal law. Your answers can only be used to � produce statistics—they cannot be used against you in any way. By law, all responses to U.S. Census Bureau household and business surveys are kept completely confidential. The law is clear—no Respond to the 2020 Census to shape the future. personalinformation can be shared. Responding to the census helps communities get the funding they need and helps businesses make data-driven decisions that grow Under Title 13 of the the economy. Census data impact our daily lives, informing import- U.S. Code, the Census ant decisions about funding for services and infrastructure in your Bureau cannot release community, including health care, senior centers, jobs, political rep- any identifiable informa- resentation, roads, schools, and businesses. More than $675 billion in tion about individuals, federal funding flows back to states and local communities each year households, or businesses, based on census data. even to law enforcement agencies. • • The law states that the ©® information collected may � � Yr only be used for statisti- It cal purposes and no other purpose. Your census responses are safe and secure. To support historical The Census Bureau is required by law to protect any personal infor- research, Title 44 of the mation we collect and keep it strictly confidential. The Census Bureau U.S. Code allows the can only use your answers to produce statistics. In fact, every Census National Archives and Bureau employee takes an oath to protect your personal information Records Administration to for life. Your answers cannot be used for law enforcement purposes release census records only or to determine your personal eligibility for government benefits. after 72 years. By law, your responses cannot be used against you. All Census Bureau staff take a lifetime oath to protect By law, your census responses cannot be used against you by any your personal information, government agency or court in any way—not by the Federal Bureau and any violation comes of Investigation (FBI), not by the Central Intelligence Agency (CIA), with a penalty of up to not by the Department of Homeland Security (DHS), and not by $250,000 and/or up to U.S. Immigration and Customs Enforcement (ICE). The law requires 5 years in prison. the Census Bureau to keep your information confidential and use your responses only to produce statistics. United States® Census 2020 D-1254 There are no exceptions. The law requires the Census Bureau to keep everyone's information confidential. By law, your responses cannot be used against you by any government agency or court in any way. The Census Bureau will not share an individual's responses with immigration enforcement ` agencies, law enforcement agencies, or allow that information to be used to determine eligibility for government benefits. Title 13 makes ` it very clear that the data we collect can only be used for statistical ` 11 purposes—we cannot allow it to be used for anything else, including law enforcement. i It's your choice: you can respond securely online, by mail, Laws protecting or by phone. personal census You will have the option of responding online, by mail, or by phone. information have Households that don't respond in one of these ways will be visited by withstood challenges. a census taker to collect the information in person. Regardless of how you respond, your personal information is protected by law. In 1982, the U.S. Supreme Court confirmed that even Your online responses are safe from hacking and other addresses are confidential cyberthreats. and cannot be disclosed The Census Bureau takes strong precautions to keep online responses through legal discovery or secure. All data submitted online are encrypted to protect personal the Freedom of Information privacy, and our cybersecurity program meets the highest and most Act (FOIA). In 2010, the recent standards for protecting personal information. Once the data U.S. Justice Department are received, they are no longer online. From the moment the Census determined that the Patriot Bureau collects responses, our focus and legal obligation is to keep Act does not override them safe. the law that protects the confidentiality of individual We are committed to confidentiality. census responses. No court of law can subpoena census At the U.S. Census Bureau, we are absolutely committed to keeping responses. your responses confidential. This commitment means it is safe to provide your answers and know that they will only be used to paint a statistical portrait of our nation and communities. Learn more about the Census Bureau's data protection and privacy program at www.census.gov/privacy. United States® Census 2020Connect with us ,a)uscensusbureau AIS-3828 7. Business Meeting Meeting Date: 05/14/2019 Length (in minutes): 5 Minutes Agenda Title: Consideration of Development Assistance Agreement for 72nd and Dartmouth Mixed Use Submitted By: Sean Farrelly, Community Development Item Type: Meeting Type: Town Center Development Agency Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider a resolution authorizing the TCDA Executive Director to execute an agreement to provide development assistance for a mixed use project at SW 72nd Ave and SW Dartmouth. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the TCDA Board approve the resolution authorizing the TCDA Executive Director to execute the Development Assistance Agreement. KEY FACTS AND INFORMATION SUMMARY The Board of the Town Center Development Agency will consider a resolution authorizing the Executive Director of the TCDA to sign an Agreement with developers Dartmouth Development Partners,LLC.The agreement will lead to the construction of 200+ units of market rate housing and 6,500 square feet of commercial development in two buildings. The project will also result in the improvement of three largely unimproved street frontages. The construction of this $61 million development will be an important milestone in the Tigard Triangle revitalization efforts. If successful,the project will help prove the market for this type of development in the Triangle and help attract future mixed-use development. The project is projected to generate over$16 million in property tax that will accrue to the urban renewal district over 35 years. The project that will result from the execution of the agreement will implement Tigard City Council's 2019-2021 Goal 2. "Invest and connect key areas of the city to promote economic growth and community vitality;"including Strategy 2.1: "Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant,walkable, and connected district."Encouraging new housing and mixed-use development in the Triangle is also supported by several City plans and implementing documents including: Goal 5 of the Tigard Triangle Urban Renewal Plan is "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." Objective 3 of the goal is "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." Tigard Triangle Urban Renewal Plan specifically authorizes Re/development Assistance and Partnerships to provide assistance to new and existing businesses and housing developments.The proposed project is consistent with the Plan. The creation of 200+ market rate housing units on at a prominent corner of the Tigard Triangle urban renewal area adjacent the future Southwest Corridor light rail line is also consistent with the Tigard Comprehensive Plan Goals 9 (Economic Development),and 10 (Housing). The project will help to implement Goal 2 of the Tigard Strategic Plan, "Ensure development advances the vision." New housing and commercial space in this location with planned sidewalks,trails and light rail transit will advance walkability and people living"healthy and connected lives." The Agreement spells out the responsibilities for the development team and the Agency in this partnership. The agreement states that the Agency will pay for the costs of the first$1 million in System Development Charges,when the project is ready for building permits and details the conditions that must be met before the Agency will provide the assistance. The details of the agreement are summarized in the attached executive summary. OTHER ALTERNATIVES The TCDA Board could elect not to authorize signature of the Development Assistance Agreement which would delay the redevelopment of the properties. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS 2019-2021 Tigard Council Goals Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.1: Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant,walkable,and connected district. Tigard Triangle Urban Renewal Plan Goal 5—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. Tigard Strategic Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified,and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. DATES OF PREVIOUS CONSIDERATION April 23,2019:Development Assistance Request: 72nd and Dartmouth Fiscal Impact Cost: $1,000,000 Budgeted (yes or no): No Where Budgeted (department/program): TCDA Additional Fiscal Notes: A financial model for Tax Increment Financing(TIF) income in the Tigard Triangle Urban Renewal District is being developed and is in draft form. The draft model shows that for the next 2 years the district's TIF income could support a borrowing of between $2.5 and$3 million. If the proposed$1 million in Redevelopment Assistance is approved, that would leave$1.5M-2M in capacity.About$430,000 in urban renewal financial commitments have already been made and the city loan in FY2018-2019 to the Triangle will need to be repaid,leaving about$0.9 M to$1.4 M available to fund other Triangle urban renewal projects through Fiscal Year 2020-2021. The project will generate an estimated$16.7 million in property taxes over 35 years. Attachments Executive Summary Resolution Exhibit A AgendaQuick©2005-2019 Destiny Software Inc.,All Rights Reserved Dan R.Olsen, Attorney at Law 2918 SE Main St. Portland,OR 97214 503.680.9110 Danoiaw.Oisent gmail.com www.oregongovernmentlaw.com To: TCDA Board of Directors From: Dan R. Olsen, Attorney lkO Date: May 6, 2019 Re: 72nd and Dartmouth Development Assistance Agreement George Diamond and ScanlanKemperBard (Dartmouth Development Partners, LLC) have proposed a mixed use development within the Tigard Triangle urban renewal area, conditioned on the TCDA providing $1,000,0000 in development assistance. This agreement provides that TCDA will pay to the City of Tigard the first $1,000,000 in systems development charges otherwise due, contingent on the developer obtaining approval of conceptual plans for the project and obtaining land use and building permits consistent with the approval. The project is described as a 215 unit (approximate) mixed-use development with ground floor retail. Once submitted, staff will have 10 days to review and either tentatively approve the project plans or propose revisions. Staff and the developer will work to resolve any issues. Staff then will submit the project plans to the TCDA Board for review and approval or direction as to how the project plans are not acceptable. Failure of the TCDA Board to respond within 45 days is deemed approval. It is important to note that this agreement limits your basis for disapproval to determining whether the plans are consistent with the project description and the urban renewal plan. State law requires that prevailing wages be paid on private projects involving $750,000 in funds of a public agency. But waiver of building and development permit fees, tax credits and abatements are not counted as such funds. BOLI consistently has found that SDC waivers fall within that exception and are not counted. Cities generally do not have authority to "waive" SDC's however. Accordingly, the "waiver" is structured in the form of payment on behalf of the developer, i.e. waiving the developer's obligation to pay through TCDA paying and making the City whole. The agreement is transparent in that regard and the developer is responsible for obtaining a BOLI staff determination that the project will not be subject to prevailing wages. Accordingly, assuming the building permit application conforms to the approved plans, TCDA will pay to the City the first$1,000,000 in SDC's for the project. 1 The agreement also requires that the actual construction conforms to the approved plans. Since construction commences after the SDC's have been paid, TCDA will already have paid the SDC obligation on behalf of the developer. But the developer would be in violation of its land use approvals and building permits so the City would have significant enforcement authority. TCDA could seek enforcement of the agreement or return of the funds through arbitration. Staff and I will be available at your May 14 meeting to address any questions or concerns you may have. Cc. Kenny Asher, Community Development Director Sean Farrelly, Redevelopment Project Manager Shelby Rihala, City Attorney • Page 2 CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 19- A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO EXECUTE A DEVELOPMENT ASSISTANCE AGREEMENT WITH DARTMOUTH DEVELOPMENT PARTNERS, LLC FOR THE SW DARTMOUTH STREET AND SW 72ND AVENUE MIXED USE 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,Dartmouth Development Partners have proposed a mixed-use project with approximately 200 units at the northeast corner of SW Dartmouth Street and SW 72nd Avenue that will help the Tigard Triangle transform into a mixed-use and pedestrian-oriented district; and WHEREAS,the Dartmouth Development Partners have demonstrated a financial gap in the project;and WHEREAS,the Town Center Development Agency (TCDA) and Dait.m9uth Development Partners have negotiated a Development Assistance Agreement: SDC Waiver for the TCDA to pay a portion of the project's system development charges. 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. TCDA Resolution No. 19- Page 1 SECTION 3: The Executive Director is authorized to take such steps as are reasonably necessary to administer the Development Assistance Agreement pending further action by this Board as provided for in the Agreement. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of ,2019. Chair—City of Tigard Town Center Development Agency ATTEST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 19- Page 2 Exhibit A DEVELOPMENT ASSISTANCE AGREEMENT: SDC WAIVER (72ND AND DARTMOUTH) This Development Assistance Agreement providing for an SDC waiver (72ND AND DARTMOUTH) (this "Agreement") is made and entered this _ day of May, 2019 (the "Effective Date"), by and between the TOWN CENTER DEVELOPMENT AGENCY, the duly designated urban renewal agency of the City of Tigard ("TCDA"), and DARTMOUTH DEVELOPMENT PARTNERS, LLC, an Oregon limited liability company, or its assignee ("Developer"). TCDA and Developer may be referred to jointly in this Agreement as the "Parties" and individually as a "Party." RECITALS A. In furtherance of the objectives of Oregon Revised Statutes,Chapter 457 and the Tigard Triangle Urban Renewal Plan in effect on the Effective Date (the "UR Plan"),the TCDA desires to enter into this Agreement to facilitate the development of the Project(defined below)on property located at 11860-11990 SW 72nd Avenue (the "Property"). B. The Property is currently unimproved and is bounded on three sides by SW 72nd Avenue, SW Dartmouth Street, SW Clinton Street and is depicted on Exhibit A attached to this Agreement. C. Developer intends to develop on the Property a mixed-use multi-family residential development that will include approximately 215 residential units, ground floor commercial space, parking, and enhanced streetscape improvements (the "Project").The TCDA has determined that the Project will achieve all of the public goals desired for the Property, act as a catalyst for development in the Tigard Triangle Urban Renewal Area (the "URA"),fully capitalize the public investments in the Project, and continue to capitalize other public investments in the URA. D. The Parties contemplate that the Project will transform the Property into a vibrant,sustainable mixed-use, residential area.The Project is consistent with Goal 5 of the UR Plan and will "promote high quality development of retail, office and residential uses that support and are supported by public streetscape,transportation, recreation and open space investments." 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: 1. Systems Development Charges; Project Plans. 1.1. Developer's obligation to pay the first$1,000,000 of system development charges (collectively, "SDCs")triggeredby the development of the Project shall be waived, and TCDA shall reimburse the City of Tigard in the amount of$1,000,000. 1.2. Development of the Property in accordance with this Agreement is a material inducement to waiver of the SDC's provided for in Section 1.1. and such waiver is contingent on satisfaction of {00888564;6} 1 SDC Reimbursement Agreement—SW 72nd and Dartmouth the following conditions being satisfied or waived by both TCDA and Developer, prior to the waiver of SDC fees as set forth in Section 1.1: 1.2.1. Developer shall have prepared and submitted to TCDA conceptual plans for the Project (the"Project Plans")with sufficient detail to demonstrate the Project's compliance with the UR Plan and the description of the Project set forth in Recital C. TCDA staff will review and provide tentative approval or disapproval within ten (10) days after receiving the Project Plans. Upon completing any revisions agreed to by Developer and TCDA staff, TCDA staff will provide the Project Plans with staff recommendations to the TCDA Board for its review and approval. The TCDA Board shall then review and either approve the Project Plans or provide detailed comments describing how the Project Plans fail to conform to the UR Plan or the description of the Project within forty-five (45)days after receiving the Project Plans from TCDA staff. The TCDA Board shall have no other basis to disapprove the Project Plans. Failure of the TCDA Board to timely approve the Project Plans or provide detailed comments on the Project Plans shall constitute acceptance. If the Parties are unable to resolve any dispute regarding whether or not the Project Plans conform to the UR Plan or description of the Project (including the TCDA's failure to approve the Project Plans), such dispute shall be submitted to dispute resolution in accordance with Section 8 ("Dispute Resolution"). The Project plans approved by the TCDA or through Dispute Resolution are the "Approved Project Plans". 1.2.2. Developer shall have obtained all land use approvals required by the City of Tigard for the Project and permits required for the construction of the Project in accordance with the Approved Project Plans shall be ready to be pulled subject only to the payment of permit fees. No appeal of any required approval or permit shall have been filed, and the time for any such appeal shall have expired. If an appeal is filed,this condition shall be satisfied on final resolution of the appeal, except that final resolution shall not be required if the issue(s) involved in the appeal is such that customary bonding or indemnification represents a reasonable basis for proceeding with the Project. 1.3. The construction of the Project will conform in all material respects to the Approved Project Plans (subject to such modifications as are approved by TCDA staff)and all applicable City development approvals. If TCDA believes that Project does not conform in all material respect to the Approved Project Plans,then TCDA shall provide written notice of such nonconformance to Developer. If Developer disputes TCDA's assertion that the Project does not conform to the Approved Project Plans,the Parties shall resolve the dispute by Dispute Resolution. The Parties recognize that any such dispute must be resolved expeditiously. 1.4. Staff approval or recommendation to the TCDA Board for approval of the Project plans or modifications to such Project plans shall not be unreasonably withheld,conditioned or delayed. 2. DEVELOPMENT 2.1. Except for the SDC fee waivers set forth in Section 1.1, Developer, will design, construct and complete the Project in accordance with the Approved Project Plans as provided in Section 1, without additional public funding participation, except for tax abatement programs generally available to similar projects within the City,the URA and the Vertical Housing Development {00888564;6} 2 SDC Reimbursement Agreement—SW 72nd and Dartmouth Zone. Subject to events and circumstances outside of Developer's reasonable control, Developer will use commercially reasonable efforts to begin and to complete development of the Project as set forth in the Project Schedule attached as Exhibit B, subject to the terms of this Agreement. 2.2. TCDA is not the developer of the Project. This Agreement is not intended to be a contract providing for construction by TCDA either directly or through a contractor. Developer is solely responsible for selecting a construction contractor. The rights and responsibilities of Developer, the general construction contractor and any subcontractors,shall be provided for in a construction contract to which TCDA is not a party. 3. REPRESENTATIONS 3.1.TCDA Representations. TCDA hereby represents to Developer the following: 3.1.1. TCDA has the legal power, right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein. All requisite action has been taken by TCDA in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any creditor, investor, judicial or administrative body,governmental authority or other party is required. 3.1.2. This Agreement and all documents required to be executed by TCDA are and shall be valid, legally binding obligations of and enforceable against TCDA in accordance with their terms. 3.1.3. 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 TCDA is a party. 3.1.4. The persons executing this Agreement and the instruments referred to herein on behalf of TCDA have the legal power, right and actual authority to bind TCDA to the terms and conditions of this Agreement. 3.2.Developer Representations. Developer hereby represents to TCDA the following: 3.2.1. Developer is a limited liability company duly formed and existing in the State of Oregon. 3.2.2. Developer has full power and authority to enter into and perform this Agreement in accordance with its terms and does not require the consent of any third party that has not been secured. All requisite action (corporate, trust, partnership, membership or otherwise) has been taken by Developer in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any partner, shareholder, {00888564;6} 3 SDC Reimbursement Agreement—SW 72nd and Dartmouth creditor, investor,judicial or administrative body, governmental authority or other party is required. 3.2.3. This Agreement and all documents required to be executed by Developer are and shall be valid, legally binding obligations of and enforceable against Developer in accordance with their terms. 3.2.4. 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 Developer is a party. 3.2.5. The persons executing this Agreement and the instruments referred to herein on behalf of Developer have the legal power, right and actual authority to bind Developer to the terms and conditions of this Agreement. 4. BOLE. As soon after the Effective Date as reasonably possible, Developer shall submit this Agreement and other required or relevant documents to the Oregon Bureau of Labor and Industries ("BOLI") for review and to seek a determination letter from BOLI (the "BOLI Determination Letter") stating that ORS 279C.810 to 279C.870 and the administrative rules adopted thereunder (the "Oregon Prevailing Wage Laws")do not apply to any portion of the development and construction of the Project. 5. ASSIGNMENT AND TRANSFER PROVISIONS 5.1.Restrictions on Transfer of the Property and Assignment of the Agreement. Except as provided in this Section 5.1, Developer shall not partially or wholly transfer Developer's interest in this Agreement without the prior written approval of the TCDA, which may be withheld in TCDA's reasonable discretion. 5.2.Approved Transfers. Notwithstanding Section 5.1 above, and provided that Developer provides TCDA with copies of all agreements related to the transfer, TCDA hereby consents to: 5.2.1. An assignment of Developer's rights under this Agreement to any entity in which Developer or an affiliate thereof owns a direct or indirect interest. 5.2.2. The collateral assignment of rights under this Agreement to any Mortgagee. For purposes of this Section 5.2.2, "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 Developer 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. {00888564;6} 4 SDC Reimbursement Agreement—SW 72nd and Dartmouth 6. DISPUTE RESOLUTION If a dispute arises under this Agreement,the Party claiming the existence of a dispute shall provide written notification of the dispute to the other Party. A meeting will be held promptly between the Parties, and subject to Section 9.11 below, attended by representatives of the Parties with decision- making authority regarding the dispute to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21)days,the Parties will thereafter seek to resolve the dispute by binding arbitration. The arbitration shall be conducted in accordance with Oregon's Uniform Arbitration Act(ORS 36.600 et seq. or ay successor statues thereto); provided, however,the arbitrator shall be an attorney licensed to practice law in Oregon who has at least ten (10)years of experience in commercial construction or commercial real estate, including public/private development agreements. Developer shall not apply for building permits for the Project pending the outcome of a dispute that the Parties have submitted to Dispute Resolution. 7. CONTINUING COVENANTS SURVIVING TERMINATION OF AGREEMENT OR COMPLETION OF CONSTRUCTION. The following Sections of this Agreement shall survive and remain in effect for the periods identified herein: Section 2 (DEVELOPMENT); Section 3 (REPRESENTATIONS);Section 6 (DISPUTE RESOLUTION); and Section 9 (MISCELLANEOUS). 8. TERMINATION. This Agreement shall automatically terminate and be of no further force or effect upon substantial completion of the Project. As used in this Section 8, "substantial completion" means that date that Developer has obtained a temporary certificate of occupancy for the Project. 9. MISCELLANEOUS PROVISIONS 9.1.Notice. Any notice or communication under this Agreement by either Party to the other shall be deemed given and delivered on the earlier of actual delivery or refusal to accept delivery thereof if sent by one of the following means with all applicable delivery and postage charges prepaid: (a) registered or certified U.S. mail, postage prepaid, return receipt requested; (b) personal delivery; (c) nationally recognized overnight courier service (e.g. Federal Express); or (d) if simultaneously delivered by another means allowed hereunder, e-mail, with receipt of confirmation that such transmission has been received. In the case of a notice or communication to Developer, addressed as follows: ScanlanKemperBard Companies, LLC. Attn: John Olivier 222 SW Columbia Street, Suite 700 Portland,OR 97201 Email: jolivier@skbcos.com With a copy to: Real Estate Investment Group Attn: Nicholas Diamond 2839 SW 2nd Avenue Portland, OR 97201 Email: ndiamond@reig.com {00888564;6} 5 SDC Reimbursement Agreement—SW 72nd and Dartmouth In the case of a notice or communication to TCDA, addressed as follows: Town Center Development Agency Attn: Sean Farrely 13125 SW Hall Blvd Tigard, OR 97223 Email: Sean a(�tigard-or.gov or addressed in such other way in respect to either Party as that Party may, from time to time, designate in writing dispatched as provided in this section. Notices may be given by counsel to a Party. 9.1.1. If either Party's contact person or address for notices changes, that Party shall provide the other Party with the updated contact information. 9.2.Headings. Titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 9.3.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4.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 shall be of any force or effect unless in writing, shall be construed to be a continuing waiver, and shall be considered a waiver of any other rights of the Party making the waiver. 9.5.Attorneys' Fees. If a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under U.S. Bankruptcy Code, is instituted to interpret or enforce any provision of this Agreement, or with respect to any dispute relating to this Agreement, including, without limitation, any action in which a declaration of rights is sought or an action for rescission, the prevailing or non-defaulting party shall be entitled to recover from the losing or defaulting party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge at trial or on any appeal in addition to all other amounts provided by law. This provision shall cover costs and attorney fees related to or with respect to proceedings in U.S. Bankruptcy Court, including those related to issues unique to bankruptcy law. 9.6.Governing Law. This Agreement shall be governed by Oregon law, without regard to principles of conflicts of law. 9.7.Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the state of Oregon, except that if the last day of any period falls on any Saturday, Sunday or legal holiday, the period shall be extended to include the next day which is not a Saturday,Sunday or legal holiday. 9.8.Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the {00888564;6} 6 SDC Reimbursement Agreement—SW 72"d and Dartmouth feminine and the neuter, as the context may require. As used in this Agreement, "including" means including without limitation and "shall" means mandatory and imperative. 9.9.Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason,the remaining portions will remain in full force and effect to the fullest extent permitted by law. 9.10. Entire Agreement. This Agreement and its exhibits are the entire agreement between the Parties with respect to the subject matter hereof. There is no other oral or written agreement between the Parties with regard to this subject matter. There are no oral or written representations or warranties made by either Party, implied or express, other than those contained in this Agreement. 9.11. Amendments and Modifications. Any modifications to this Agreement must be made in writing and executed by all Parties, with the approval of the TCDA Board, if required. Notwithstanding this general requirement, the TCDA Redevelopment Project Manager may approve modifications to this Agreement without TCDA Board approval so long as TCDA's economic obligations are not materially increased. Except as provided for elsewhere in this Agreement, whenever consent or approval by TCDA is required under the terms of this Agreement, all such consents or approvals shall be given in writing from the TCDA Redevelopment Project Manager or his or her designee. 9.12. Successors and Assigns. Subject to the provisions of Section 5,the benefits conferred by this Agreement, and the obligations assumed thereunder, shall inure to the benefit of and bind the successors and permitted assigns of the Parties. 9.13. No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby shall 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. 9.14. 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. 9.15. Time of Essence. Time is of the essence of this Agreement. 9.16. 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 shall have any right to enforce any term of this Agreement. (Remainder of page intentionally left blank; Signatures appear on the following page) {00888564;6} 7 SDC Reimbursement Agreement—SW 72"d and Dartmouth Executed in multiple counterparts as of the Effective Date. TCDA: TOWN CENTER DEVELOPMENT AGENCY, as the duly designated Urban Renewal Agency of the City of Tigard By: Printed Name: Its: APPROVED AS TO FORM: By: Printed Name: Its: DEVELOPER: DARTMOUTH DEVELOPMENT PARTNERS, an Oregon limited liability company By: Printed Name: Its: {00888564;6} 8 SDC Reimbursement Agreement—SW 72nd and Dartmouth EXHIBIT A Depiction of Property 11141 '4. r [ , 5 i . 1 t rtn ST .. .; ' ‹-'1' :ry .4...4.,,,„.._ SITE ... ... 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