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City Council Packet - 06/04/2019 City of Tigard Tigard Business Meeting—Agenda TIGARD �... TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & TOWN CENTER DEVELOPMENT AGENCY-Revised Agenda-to include updated AIS Report information and new attachment for Agenda item 1412(Solid Waste Rates Briefing) MEETING DATE AND TIME: June 4,2019 - 6:30 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 6:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 6:•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: ht p://www.tigard-or.gov/citv hall/council meeting.oho CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. III • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY - Revised Agenda-to include updated MS Report information and new attachment for Agenda item#12(Solid Waste Rates Briefing) MEETING DATE AND TIME: June 4,2019 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and 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. LCRB CONSIDERATION OF CONTRACT AWARD -PAVEMENT MANAGEMENT PROGRAM OVERLAY B. COMMI I°IEE FOR COMMUNITY ENGAGEMENT ANNUAL REPORT C. APPROVE CITY COUNCIL MINUTES: •May 7,2019 D. PROCLAIM JUNE 9 WATER INDEPENDENCE DAY •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 Development Agency has voted on those items which do not need discussion. 4. CONSIDERATION OF UPDATES TO TMC CHAPTER 7.70 -MODIFICATIONS TO REQUIREMENTS FOR HOLDING PROPERTY 6:35 p.m. estimated time 5. TIGARD COMPLETE STREETS POLICY UPDATE 6:40 p.m. estimated time 6. SENIOR CENTER AFFORDABLE SENIOR HOUSING BRIEFING 7:05 p.m. estimated time 7. TCDA CONSIDERATION OF AMENDMENT#8 TO THE CITY CENTER URBAN RENEWAL PLAN 7:25 p.m. estimated time 8. COUNCIL CONSIDERATION OF AMENDMENT#8 TO THE CITY CENTER URBAN RENEWAL PLAN 7:30 p.m. estimated time 9. TCDA CONSIDER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TCDA TO COMPLETE THE PROPERTY ACQUISITION OF A STRIP OF LAND ADJACENT TO 9270 SW MAPLEWOOD DRIVE 7:35 p.m. estimated time 10. REVIEW AND CONSIDERATION OF TMC FOR FEE WAIVERS AND EXEMPTIONS 7:45 p.m. estimated time 11. RECEIVE FISCAL YEAR 2020 MASTER FEES AND CHARGES SCHEDULE UPDATE 8:00 p.m. estimated time 12. SOLID WASTE RATES BRIEFING 8:20 p.m. estimated time 13. REVIEW AND DISCUSS THE COMMUNICATIONS PLAN FOR EXPLORING A LEVY AND BOND 9:00 p.m. estimated time 14. NON AGENDA ITEMS 15. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 16. ADJOURNMENT 9:30 estimated time AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: June 4, 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 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. 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\CCSignop\Citizen Cornmonication.doc AIS-3856 3. A. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): Consent Item Agenda Title: Contract Award - Pavement Management Program Overlay Prepared For: Joseph Barrett Submitted By: Joseph Barrett, Public Works 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 2019 Pavement Management Program Pavement Rehabilitation (Overlay) construction project to S-2 Contractors, Inc.? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the 2018 Pavement Management Program - Pavement Rehabilitation construction project to S-2 Contractors for $736,872 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The yearly Pavement Management Program (PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance and rehabilitation projects (pavement overlays). In a payment overlay project, the pavement on a street has deteriorated due to traffic usage and weather, and is at the point where pavement repairs and overlays are necessary to avoid further deterioration and return the street to a good condition. Work under the project will include: • Construction of asphaltic concrete inlays and overlays •Asphalt concrete removal (grinding) and repair •Applying sealant along pavement edges and joints •Temporary signage, protection, and traffic control • Striping and pavement marking • Construction of concrete curbs and ramps •Performance of additional and incidental work as called for by the specifications and plans. For the 2019 project year, the only street slated for the overlay portion of the program is a portion of SW Durham Road. The city issued an Invitation to Bid for the project in April with notice published in the Daily Journal of Commerce and The Oregonian. Upon closing, the city received responses from five contractors: •S-2 Contractors - $736,872 •Baker Rock Resources - $755,277 •Knive River Corporation - $848,001 •Brix Paving Northwest - $850,928 •Pacific Excavation - $988,000 •Engineer's Estimate -$926,878 Staff has reviewed the bids and determined that S-2 Contractors has submitted the lowest reasonable bid. S-2 Contractors has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. S-2 has performed this work for the city for the past few years and the city has been satisfied with their performance. As such, staff recommends an award for the city's pavement rehabilitation contract to S-2 Contractors in the amount of$736,872. OTHER ALTERNATIVES The Local Contract Review Board can reject this potential award and direct staff to resolicit for the work. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential contract. Fiscal Impact Cost: $736,872 Budgeted (yes or no): Yes Where budgeted?: Street Maintenance Fund Additional Fiscal Notes: The proposed contract is for $736,872. Appropriations totaling $2.7 million in projects are in the proposed FY 2020 budget for various Pavement Management Program projects including this one. Attachments No file(s)attached. AIS-3882 3. B. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): Consent Item Agenda Title: Committee for Community Engagement Annual Report Prepared For: Nadine Robinson, Central Services Submitted By: Nadine Robinson, Central Services Item Type: Receive and File Meeting Type: Consent - Receive and File Public Hearing: No Publication Date: Information ISSUE Shall Council receive the Committee for Community Engagement's 2018 report? STAFF RECOMMENDATION / ACTION REQUEST The Committee for Community Engagement asks that City Council receive the 2018 report as submitted. KEY FACTS AND INFORMATION SUMMARY The Committee for Community Engagement (CCE) changed its name from the Neighborhood Involvement Committee in May 2017. The City Council adopted revised bylaws for the committee that changed the group's mission. The committee's responsibilities are oversight, accountability and policy direction on program design for citywide community engagement activities, among other tasks. In the 2018 calendar year there were six regularly scheduled meetings of the CCE. The committee members also met with the Tigard City Council once and participated in two focus groups. In addition to working on strategic goals for the committee, the group met with five presenters for the city. The committee provided feedback and or direction on projects such as the 2018 local option levy, photo red light enforcement, the city's Bang the Table engagement tool, the Universal Plaza concept and a litter pick-up campaign. In 2019, the CCE looks to be a more significant resource for City Council and staff. The committee will ensure strength of feedback by digesting materials forwarded to increase the viability of the committee as part of the project and planning process. The CCE will be available to form focus groups, as requested by city staff, to provide timely input into outreach and engagement efforts. In short, the CCE will seek to continue their partnership with city departments to ensure collaborative relationships that result in city communications that inform and engage Tigard residents. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The Committee for Community Engagement supports Goal 3 of the Strategic Plan by providing input into how the city can engage the community through dynamic communications. DATES OF PREVIOUS COUNCIL CONSIDERATION The Committee for Community Engagement presented their 2017 annual report to City Council on June 19, 2018. Attachments CCE 2018 annual report IIII r • ` MEMORANDUM TIGARD TO: Mayor Snider and City Council FROM: Committee for Community Engagement RE: 2018 Committee for Community Engagement annual report DA 1'h: May 8, 2019 Committee background: In May 2017,Tigard City Council adopted a resolution forming the Committee for Community Engagement(CCE.) The CCE responsibilities are oversight,accountability and policy direction on program design for citywide community engagement activities. This includes reviewing,commenting and making recommendations on specific plans for community input, feedback,education and information. The goal is to inspire active two-way community engagement,broad participation of diverse community members and encourage shared responsibility and ownership (community members and elected officials) to use knowledge,skills and experience to improve the community and advance the city's strategic vision. Committee focus in 2018: In the 2018 calendar year there were six regularly scheduled meetings of the CCE. Additionally,the committee members met with Tigard City Council and participated in two focus groups. Committee participation fluctuated with several members resigning and new members being appointed.At the end of 2018 the committee had 12 members. With nine meetings last year,the committee learned more about city operations,upcoming programs and initiatives and provided valuable feedback to multiple departments on their programs and engagement content and strategies. Following are the topics city staff brought to the committee for feedback and ideas on how to share the programs with city residents. • Received information on the proposed local option levy for the May 2018 ballot. • Discussed city communications and identified next steps for the committee. Identified the Tigard Times,Facebook,Nextdoor and Cityscape as their primary information channels. • The committee discussed ways to have a greater impact in the city,become more involved in communications at the ground floor of projects,and ways to be more engaged with departments. • CCE members formed a focus group to develop a strategic plan for the committee. • The committee attended a Tigard City Council workshop and Vice-Chair Hanna shared the committee's strategic planning efforts with City Council. The committee asked council to provide direction on projects the CCE could do that would support council and help the group fulfill is mandate for the city. • The committee discussed Council's proposal for the committee to be visible at events, the possibility of hosting a booth at the Tigard Farmer's Market to find out what is important to the community,and partnering with Council at quarterly outreach events. • In further discussion of their self- constructed strategic goals,the committee members identified their main interests as: • Engaging with non-city groups, • Attending city meetings,and • Increasing civics among residents, • Identifying departments with • Being present at events, community engagement challenges. • Having theme nights at CCE meetings, • Received an update on the city's new engagement tool "Your Tigard" and provided feedback on the importance of responding in a timely way. • Received a presentation on the proposed Universal Plaza and discussed ways to be involved with communications when the plaza planning is further along. • Committee brainstormed what it could mean to engage with non-city groups. The group identified 18 different group types they could reach out to, to see how they engage with their target audiences. • PD provided a CCE focus group with background information on the photo traffic enforcement program and asked for outreach ideas.The committee provided content recommendations and outreach suggestions. • Community Development provided an overview of the many different services they provide and gave opportunity for questions. • The committee learned about a resident's request to start an anti-litter campaign in Tigard and gave feedback on the program's feasibility given staffing and costs. Committee Focus in 2019 The Committee for Community Engagement is excited to be more involved with city communications at the ground level and plans to provide more input into outreach and engagement in 2019. Plans are in place for the committee to give input into Council's communications'goals.Additionally,the committee will be providing input and support for the city's diversity,equity and inclusion initiatives. The CCE is impressed with the direction the city is taking in their social media outreach and the efforts to engage with the community through multiple channels like the reader board,Your Tigard and Why Wednesday and looks forward to providing input into these types of efforts. Having the opportunity to serve as a resource for developing outreach strategy and content that will connect with the community is vital to the committee and fits in with the CCE's strategic planning goals. The intention of the CCE will be to remain a source of significant feedback for City Council and residents. In reference to the specific duties of the committee,CCE efforts will continue to, "review and provide comments to project and program managers on specific plans for community outreach, education, marketing and/or information on public services,programs and/or projects. Facilitate informed decisions on issues that are relevant and ongoing. Promote active two-way community engagements to surface issues of interest." The CCE looks to be a more significant resource for City Council and other staff entities. The committee will ensure strength of feedback by digesting materials forwarded in a timely manner to increase the viability of the committee as part of the project and planning process for city entities. City entities will seek the feedback of the CCE in a manner consistent with allowing such feedback to be entertained and considered prior to the adoption of policy,where possible. In short, the CCE and city entities will seek to continue their partnership to ensure that the partnership will be one of collaboration,as opposed to solely informative. If the Tigard City Council would like to provide additional direction to the committee,the CCE members are happy to meet with Council to discuss how our efforts can best support the long-term communication goals of the city. AIS-3895 3. C. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •May 7, 2019 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Mai 7,2019 Minutes 1114 ,, City ofTigard _ Tigard City Council Meeting Minutes TIGARD May 7, 2019 . BUSINESS MEETING A. At 6:32 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—City Manager Wine had none. Councilor Newton asked to discuss Council's outreach they did last weekend,when they went out into Tigard neighborhoods,ringing doorbells and talking with residents. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B Citizen Communication—Sign-up Sheet. Tom Murphy 8152 SW Ashford Street,Tigard,OR 97223, spoke in support of the Red Rock Creek project for affordable housing and said projects like this make him proud to be a Tigard resident. He said Tigard has become a leader and model for affordable housing. 3. CONSENT AGENDA (Tigard City Council and Local Contract Review Board) A. CONSIDER CONTRACT AWARD—PAVEMENT MANAGEMENT PROGRAM— SLURRY SEAL Council President Goodhouse motioned to approve the consent agenda as presented. Councilor Lueb seconded the motion. Motion passed unanimously. TIGARD CITY COUNCIL—May 7, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 1 of 4 Name Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb 4. TIGARD POLICE—OREGON ACCREDITATION ALLIANCE PRESENTATION Ed Boyd from the Oregon Accreditation Alliance presented Police Chief McAlpine with an Accreditation Certification Award. Mr. Boyd explained that the accreditation certification is an acknowledgement of the department policies being in alignment with industry best practices for Oregon Law Enforcement agencies,and complimented the Tigard Police Department on their thorough and complete application. He said they have not seen such a thorough and complete submission in many years,and most of the time,they have to send back an application for resubmittal due to missing information and that was not the case when they were reviewing Tigard's submittal. Police Chief McAlpine said the certification directly ties to the goals of the department as outlined in their Strategic Plan. She thanked the Tigard Police Department and acknowledged Lieutenant Sitton,Administration Specialist Wert and Business Manager Shaw for all their hard work in putting together such a complete and thorough application. 5. PO 1'ENTIAL METRO PARKS AND NATURE BOND Andy Shaw,Metro Director of Government Affairs gave a PowerPoint presentation, discussed what their mission is and how they plan to accomplish it. He talked about connecting nature and people, changing the future of parks and connectivity while maintaining the tax rate,advancing racial equity and preparing for climate change. He said it is important to think about parks and nature,to collaborate with cities in the Portland Metro area in restorations of parks and to work with communities and advocacy groups to develop a vision to protect them. He highlighted success stories like Dirksen Nature Park and Graham Oaks Nature Park. Craig Beebe,Metro Government and Public Affairs Project Manager talked about where Metro goes from here,and how they plan to work communities,organizations and local governments. He explained that the proposed framework from Metro Council in regards to the potential bond is to maintain the current tax rate, to put people first, advance racial equity and to prepare for climate change. He discussed Metro's potential park and nature bond measure,areas they would focus funding towards that include;protecting and restoring land,taking care of Metro parks,awarding community grants,supporting local projects,creating trails for walking and biking and advancing large-scale community visions,and discussed how they move forward with community engagement. Councilor Newton asked about the Willamette Falls project in Oregon City and if that is connected. Mr. Shaw said he hopes the nature investment of the Willamette Falls project would encourage development and public investment. The idea is to create a competitive process and to tell a story. TIGARD CITY COUNCIL—May 7, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 4 6. UPDATE ON RED ROCK CREEK COMMONS PROJECT Redevelopment Project Manager Farrelly presented this item,and Rachael Duke, Community Partners for Affordable Housing(CPAH) Executive Director and Jilian Saurage Felton, CPAH Director of Housing Development gave a PowerPoint presentation. Ms. Duke explained that half of the residents in the new housing development within the Tigard Triangle Urban Renewal Area would include one-bedroom units that will serve small households with low income. She said there will be a full range of residents within the community and will provide a safe and stable home for households that are more at risk,including those who may have been homeless. Ms. Saurage said Tigard's Lean Code was helpful in moving the project along. She talked about the schedule, financial highlights and project cost. She thanked the city and said the project would not have been possible without the city's System Development Charge (SDC) exemption. She talked about their partnership with Luke-Dorf and Unite Oregon,and said they have a collaborative and residential approach with property management. Mayor Snider said he visited the Greenburg Oaks development,and is impressed with the community space they created,and how that helps make the living experience a better one. He thanked them for including this. Councilor Newton said it is encouraging to have CPAH step in,and asked if they have encountered any problems with the Lean Code. Ms. Saurage responded that some issues have come up later in the process than they had expected or normally would have,but that staff has been good to work with throughout the process. She said there are some things within the Lean Code that have worked in their favor. Councilor Anderson said he appreciated the update and asked that council be invited to the opening. 7. NON-AGENDA ITEMS—Councilor Newton talked about Council's recent outreach where they went out into residential neighborhoods to talk with citizens. She said overall people really appreciated them going out. City Manager Wine said it would be useful for council to report on how many people they encountered. Councilor Lueb said she and Councilor Anderson went out together and that it was a good opportunity to meet residents where they are,in their neighborhoods. Council President Goodhouse also had a great response from people he visited and that people talked about the previous ballot measure and what it is going on in the City. Mayor Snider said it was a good opportunity and the feedback from people was helpful. He said he had visited Mr. Murphy's house and asked him if there was anything,he would like to say about it. TIGARD CITY COUNCIL— May 7, 2019 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 4 Mr. Murphy said he was surprised to have a real live person come to the door,and that it was very refreshing and eye opening. Tigard has qualities of a large community with a small town feel. Councilor Anderson said they had a good response and people were very gracious. Councilor Newton said she has been working with Central Services Director Robinson and that staff is working on the web page so they can get more information out. She said it would be good to go out again in 3-months with information about the levy. City Manager Wine said it would be a good idea to create a way to collect responses council receives from citizens. She said staff would provide more information about future dates and how that might work. EXECUTIVE SESSION: None. 8. ADJOURNMENT At 7:25 Councilor Lueb motioned to adjourn the meeting. Councilor Anderson seconded the motion. Motion passed unanimously. Name Yes No Councilor Anderson Mayor Snider Council President Goodhouse Councilor Newton Councilor Lueb Kelly Burgoyne,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL—May 7, 2019 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 4 AIS-3896 3. D. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): Consent Item Agenda Title: Proclaim June 9 Water Independence Day 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 Shall Mayor Snider proclaim June 9, 2019 as Water Independence Day in Tigard? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY On June 9, 2016, City of Tigard switched over to its new water source that provides safe, clean, dependable drinking water to more than 60,000 residential and business customers in the Tigard Water Service Area. The $254 million project upgrades and increases system capacity to deliver high-quality drinking water from the Clackamas River to the communities of Lake Oswego and Tigard. The change marks the first time in the city's history that Tigard owns and controls its own high-quality water supply, no longer purchasing water from the City of Portland. The new system enhances emergency water supply reliability regionally by providing access to Lake Oswego's and Tigard's combined storage as well as other supply sources. The new water system can supply Tigard water customers with up to 18 million gallons of water per day. That is enough water to meet the community's water needs for decades to come. The Tigard Water Service Area includes the communities of the City of King City, City of Durham, two-thirds of the City of Tigard, and the unincorporated area of Bull Mountain. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This would be the first time Tigard's Mayor has considered issuing the proclamation. Attachments Proclaim Water Independence Day e ` 4. pie .,',i: 4 -- . , gtcO)C , f t )Vttf City of Tigard `tea Tigard Water Independence Day iD June 9 '`s I` WHEREAS, clean,safe,drinking water is vital to every community to meet demands for K public health,fire protection, a vibrant economy and quality of life we all deserve in the Tigard 'i community; and --Eft '.' `I WHEREAS,the Tigard Water Service Area was verydependent on other cities toprovide "1 { 9 p f_...,..; - �' and deliver water to the city with little or no control by Tigard regarding water quality, ' adequate supply, or control over present and future costs; and 1 .----,',V, I' ill jWHEREAS,on August 6,2008,following extensive analysis of multiple alternatives for 4-, delivery of water to Tigard Water Service Area customers and residents,the City Council I adopted an agreement for a water supply partnership with Lake Oswego to construct the f I 1''-'4 c Lake Oswego*Tigard Joint Water Supply Project; and ., i'4-$. WHEREAS,thanks to the dedication, knowledge and effectiveness of many skilled and .. ,n motivated people involved with planning,design,and construction,this highly complex water ,' N supply project reached substantial completion on June 9,2016 providing all customers and 1 ? residents in the Tigard Water Service Area with high quality drinking water from the Clackamas River;and I` , 1 ° '- WHEREAS,the partnership between cities allowed us to design.build and operate a system fie'-, that uses the best technology in the water treatment industry to deliver an outstanding resource to customers;and � ,.., WHEREAS,over the last three years,this water supply system partnership has greatly 1' r ce benefited the Tigard community by providing a safe,stable and reliable source of drinking water that enhances public health today and for decades to come. iX �k m NOW THEREFORE BE IT RESOLVED THAT I,Jason B.Snider, Mayor of the City of �R Tigard, Oregon,do hereby proclaim June 9,2019 as F is I'"!--k-., TIGARD WATER INDEPENDENCE DAY - o and I call upon all residents to recognize the immense value clean and safe drinking water . 1!I adds to our lives and thank the staff within the Lake Oswego*Tigard Water Partnership for all they do to deliver this valuable resource and enhance our quality of life. j t f,p : Dated this day of ,2019. i ',.,-i it.:' g IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. • r ,ic �,, Jason B. Snider, Mayors i City of Tigard lam; I, Attest: r N , , Kelly Burgoyne, Deputy City Recorder r.: Z y AIS-3854 4. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 5 Minutes Agenda Title: TMC updates - 7.70 Modifications to Requirements for Holding Property Prepared For: Leigh Erickson, Police Submitted By: Lisa Shaw, Police Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Informational Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE Updating language for Tigard Municipal Code Chapter 7.0 which regulates secondhand dealers and transient merchants. STAFF RECOMMENDATION / ACTION REQUEST Update Tigard Municipal Code language Chapter 7.0 as presented. KEY FACTS AND INFORMATION SUMMARY This Tigard Municipal Code change updates the code to reference the administrative policies and procedures for modifications of transaction requirements. This update removes a reference to an erroneous section of the code: Current language: B. Notwithstanding Section 7.70.090, the chief of police may determine that certain types of transactions pose a reduced risk of being an outlet for the sale of stolen property and therefore may modify the hold period and/or reporting requirements for those types of transactions. Those transactions and the modified requirements are described in Section 7.70.120. Proposed language: B. Notwithstanding this Section 7.70.090, the chief of police may determine that certain types of transactions pose a reduced risk of being an outlet for the sale of stolen property and therefore may modify the hold period mor reporting requirements for those types of transactions. Those transactions and the modified requirements are described in Section 7.70.120 the administrative policies and procedures. OTHER ALTERNATIVES Council could reject the update and TMC Chapter 7.70 would remain unchanged. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This change supports one of the Police Department's Strategic Priorities to: * Focus on the effective use of data and technology DATES OF PREVIOUS COUNCIL CONSIDERATION TMC 7.70.090 was reviewed by Council on June 9, 2009 via ordinance 09-07. The code language was added to the TMC at that time. Attachments Ordinance Proposed changes to TMC 7.70 TMC Chapter 7.70 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAFFER 7.70 REGARDING MODIFICATION TO REQUIREMENTS FOR HOLDING PROPERTY WHEREAS, Tigard Municipal Code (TMC) Chapter 7.70 regulates secondhand dealers and transient merchants;and WHEREAS, TMC.7.70.090 describes the requirements for holding property and contains an incorrect cross- reference in subsection B;and WHEREAS, this ordinance removes the erroneous citation and authorizes the chief of police to adopt an administrative rule regarding the modification of requirements for holding property. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 7.70.090 is amended to read as follows (additional language is shown in underline and deleted text is shown in atrikcthrough): B. Notwithstanding this Section 7.70.090, the chief of police may determine that certain types of transactions pose a reduced risk of being an outlet for the sale of stolen property and therefore may modify the hold period and/or reporting requirements for those types of transactions. Those transactions and the modified requirements are described in Section 7.70.120 the administrative policies and procedures. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 1 TIGARD MUNICIPAL CODE Chapter 7.70 SECONDHAND DEALERS large volumes of goods and materials that are AND TRANSIENT frequently the subject of theft. This chapter is MERCHANTS* intended to reduce this type of criminal activity by providing timely police awareness of such Sections: property transactions and by regulating the conduct of persons engaged in this business 7.70.010 Purpose activity. These regulations are necessary and the 7.70.020 Definitions need for the regulations outweighs the regulatory 7.70.030 Secondhand Dealer License effect that may result from their adoption. (Ord. Required 14-11 §1; Ord. 09-07 §1) 7.70.035 Minimum Standards 7.70.040 Application for Secondhand 7.70.020 Definitions Dealer License 7.70.045 Surety Bond Required As used in this chapter, unless the context 7.70.050 Issuance and Renewal of requires otherwise: Secondhand Dealer License 7.70.060 Secondhand Dealer License A. "Acceptable identification"means either Fees a current driver's license, a State of Oregon 7.70.070 Subsequent Locations Identification Card issued by the Department of 7.70.080 Reporting of Secondhand Motor Vehicles, or two current United States, Dealer Transactions state, or local government-issued identification 7.70.090 Regulated Property Sale cards, one of which has a photograph of the seller. Limitations Transactions which are accompanied by a 7.70.100 Tagging Regulated Property for thumbprint require only one current United States, Identification state, or local government-issued identification 7.70.110 Inspection of Property and card which has a photograph of the seller, or a Records current passport from any country. 7.70.120 Prohibited Acts 7.70.130 Civil Penalties B. "Acquire" means to take or transfer any 7.70.140 Revocation or Suspension of interest in personal property in a voluntary Secondhand Dealer License transaction, including, but not limited to: sales, 7.70.150 Appeals consignments, memoranda between a dealer and a 7.70.155 Administrative Policies and private party seller, leases, trade-ins, loans, and Procedures abandonments. "Acquire" also means to take or transfer any interest in precious metals, in a *Prior ordinance history:Ord.Nos.02-05,83-26. voluntary transaction, for the purpose of refinement. Any acquisition of regulated property 7.70.010 Purpose by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business. The purpose of adopting this chapter is to Notwithstanding the foregoing, "acquire"does not regulate certain business activities that present an include: extraordinary risk of being used by criminals to dispose of stolen property.Despite the best efforts 1. Any loans made in compliance of legitimate secondhand dealer businesses, this with state laws by persons licensed as risk is present because these businesses process pawnbrokers by the State of Oregon; or 7-70-1 Code Update: 10/18 TIGARD MUNICIPAL CODE 2. Memoranda between a secondhand b. Pawnbroker licensed under the dealer and a person engaged in the business of Oregon Pawnbroker's Act, ORS 726.040 et seq. selling regulated property. 2. Dealers that acquire or offer for C. "Business location" means any physical sale not more than 50 items of regulated property location where the dealer conducts business. in any one-year period will be categorized as an "occasional secondhand dealer." The term D. "Chief of police"means the chief of the "dealer" in this chapter and all regulations herein Tigard Police Department or his/her designee. refer to secondhand dealers, occasional secondhand dealers and pawnbrokers unless E. "Criminal arrests or a conviction" refers specifically stated otherwise. to any offense defined by the statutes of the State of Oregon or ordinances of the City of Tigard, 3. "Dealer"does not include: unless otherwise specified. Any arrest or conviction for conduct other than that denoted by a. A business whose acquisitions the statutes of the State of Oregon or ordinances of regulated property consist exclusively of of the City of Tigard, as specified herein, will be donated items and/or purchases from 501(c)(3) considered to be equivalent to one of such organizations; or offenses if the elements of such offense for which the person was arrested or convicted would have b. A person whose only business constituted one of the above offenses under the transactions with regulated property in the City of applicable Oregon statutes or City of Tigard Tigard consist of the sale of personal property ordinance provisions. acquired for household or other personal use; or F. "Dealer"or"secondhand dealer." c. A person whose only business transactions with regulated property in the City of 1. Means any: Tigard consist of a display space, booth, or table maintained for displaying or selling merchandise a. Sole proprietorship, partner- at any trade show, convention, festival, fair, ship, limited partnership, family limited partner- circus, market, flea market, swap meet or similar ship,joint venture, association, cooperative, trust, event for less than 14 days in any calendar year. estate, corporation, personal holding company, limited liability company, limited liability G. "Held property" means any regulated partnership or any other form of organization for property that cannot be sold, dismantled or doing business and that either: otherwise disposed of for a prescribed period of time as more specifically enumerated in Section i. Acquires regulated 7.70.090. property at or from business locations within the City of Tigard, or on behalf of such a business H. "Investment purposes" means the regardless of where the acquisition occurs;or purchase of personal property by businesses and the retention of that property in the same form as ii. Offers for sale regulated purchased, for resale to persons who are property. purchasing the property primarily as an investment. 7-70-2 Code Update: 10/18 TIGARD MUNICIPAL CODE I. "Medication" means any substance or police to be property that is frequently the subject preparation, prescription or over-the-counter, used of theft, including new items as defined in this in treating or caring for ailments and/or conditions section as well as used items such as precious in humans or animals. metals, precious gems, watches, sterling silver, electronic equipment, photography equipment, J. "New"means anything not used. tools, musical instruments and cases, firearms, sporting equipment, and household appliances. In K. "Pawnbroker" means any business order to enhance the police department's ability to required by Oregon Revised Statute 726.040 to reduce property crimes and recover stolen goods, hold an Oregon pawnbroker's license. a list of regulated property may be included in the Pawnbrokers are required by Chapter 7.70 to have administrative policies and procedures, and shall a secondhand dealer permit. As a dealer, all be updated by the chief of police. A copy will be transactions occurring within their business kept on file in the Tigard Police Department. (loans, buys, or consignments) are subject to all requirements within this chapter unless otherwise R. "Remanufactured" means that an item stated. has been altered to the degree that the main components are no longer identifiable as the L. "Person"means a natural person. original item. M. "Principal" means any person who will S. "Seller"means any person who: be directly engaged or employed in the management or operation of the secondhand 1. Offers items of regulated property dealer business, including any owners and any in exchange for money or other property; or as shareholders with a five percent or greater interest collateral for a loan; or in the company. 2. Donates or abandons items of N. "Receive" means to take property into regulated property. the inventory,possession,or control of a dealer. T. "Trade show" means an event open to O. A"registered business"must be: the public, held in a venue other than a dealer's business location, at which vendors of a specific 1. Registered with the Secretary of type of merchandise may exhibit, buy, sell, or State Corporate Division or its equivalent in the trade items that may include regulated property. state where the business is located;and Events commonly known as flea markets or 2. In compliance with the City of swap meets, in which goods of many types are Tigard business license registration requirements. exhibited, sold or traded, are not considered trade shows for the purpose of this chapter. P. "Recordkeeping system" means the program designated by the chief of police as the U. "Transaction report" means the record secondhand dealer transaction recordkeeping of the information required by Section 7.70.080, system. transmitted to the Tigard Police Department by the means required in Section 7.70.080. Q. "Regulated property" means property of a type that has been determined by the chief of V. "Transient merchant"means any person: 7-70-3 Code Update: 10/18 TIGARD MUNICIPAL CODE 1. Engaged in the business of or offering for sale regulated property within the purchasing or acquiring regulated property from City of Tigard will be presumed to be operating as business locations within the City of Tigard; a dealer subject to the terms of Chapter 7.70. 2. Engaged as an itinerant or D. The sale of regulated property at events temporary business under the provisions of the commonly known as "garage sales," "yard sales," Tigard Municipal Code, Chapter 5.04;and or "estate sales" is exempt from these regulations if all of the following are present: 3. Engaged in the business of purchasing such regulated property from any 1. No sale exceeds a period of 72 person not representing a business which is consecutive hours;and required to be issued a business license or special certificate under Chapter 5.04 of the Tigard 2. No more than four sales are held at Municipal Code, and who appears with such the same location in any 12-month period. (Ord. articles at the dealer's place of business. 14-11 §1;Ord. 09-07 §1) W. "Used" means anything that has been 7.70.035 Minimum Standards put into action or service. (Ord. 18-15 §1; Ord. 14-11 §1;Ord. 09-07 §1) A. No person or business may operate as a dealer within the City of Tigard unless the person 7.70.030 Secondhand Dealer License or business maintains a fixed physical business Required location. A. No person or business shall engage in, B. Dealers shall comply with all applicable conduct or carry on a secondhand dealer business federal, state and local regulations. (Ord. 14-11 in the City of Tigard without a valid secondhand §1;Ord. 09-07 §1) dealer license issued by the City of Tigard. A secondhand dealer license shall be required in 7.70.040 Application for Secondhand addition to a business license or special certificate Dealer License required by Chapter 5.04 of the Tigard Municipal Code,or any other city license or permit. A. An applicant for a secondhand dealer license shall complete and submit an application B. Dealers that acquire or offer for sale not (including required personal history forms) that more than 50 items of regulated property in any sets forth the following information: one-year period are categorized as an "occasional secondhand dealer." Upon acquiring or offering 1. The name, address, telephone for sale more than 50 items of regulated property number, birth date and principle occupation of all during any one-year period, an occasional owners and any person who will be directly secondhand dealer shall apply for and obtain a engaged or employed in the management or secondhand dealer license and comply with all the operation of the business or the proposed regulations of a secondhand dealer before business; acquiring any more items of regulated property. 2. The name, address and telephone C. Any person or business that advertises number of the business or proposed business and a or otherwise holds him/herself out to be acquiring 7-70-4 Code Update: 10/18 TIGARD MUNICIPAL CODE description of the exact nature of the business to addresses, telephone numbers, and principle be operated; occupations, along with all other information required of any individual applicant, of each 3. The Web address of any and all partner,whether general, limited, or silent,and the Web pages used to acquire or offer for sale respective ownership shares owned by each. regulated property on behalf of the dealer,and any and all Internet auction account names used to b. If a corporation, or limited acquire or offer for sale regulated property on liability company, the application must set forth behalf of the dealer; the corporate or company name, copies of the articles of incorporation or organization and the 4. Written proof that all principals are corporate by-laws or operating agreement,and the at least 18 years of age; names, addresses, birth dates, telephone numbers, and principle occupations, along with all other 5. Each principal's business information required of any individual applicant, occupation or employment for the three years of every officer, director, members or managers, immediately preceding the date of application; and shareholder (owning more than five percent of the outstanding shares) and the number of 6. The business license and permit shares held by each; history of the applicant in operating a business identical to or similar to those regulated by 9. If the applicant does not own the Chapter 7.70; business premises, a true and complete copy of the executed lease(and the legal description of the 7. A brief summary of the applicant's premises to be permitted) must be attached to the business history in any jurisdiction including: application; a. The business license or permit 10. All arrests or convictions of each history of the applicant,and principal enumerated in subsection A of this section; b. Whether the applicant or any principal has ever had any business-related license 11. Upon request, principals and or permit revoked or suspended, the reasons employees shall submit to the Tigard Police therefor,and the business activity or occupation of Department the following information: the applicant or principal subsequent to the fingerprints, passport-size photographs, and a suspension or revocation; copy of the signature initials to be used by persons on transaction report forms. Principals and 8. Whether the applicant will be a sole employees must submit new photos if requested to proprietorship, partnership, limited partnership, do so by the Tigard Police Department; family limited partnership, joint venture, association, cooperative, trust, estate, corporation, 12. Any other information that the personal holding company, limited liability chief of police may reasonably feel is necessary to company, limited liability partnership or any other accomplish the goals of this chapter. form of organization for doing business. B. The secondhand dealer shall notify the a. If a partnership, the chief of police of any changes in the information application must set forth the names, birth dates, 7-70-5 Code Update: 10/18 TIGARD MUNICIPAL CODE required in subsection A of this section within 10 B. Except as provided in Section 7.70.050 business days. the chief of police shall deny an application for a secondhand dealer special license if any of the C. New employees of dealers shall following apply: complete and submit the personal history form as required in subsection A of this section. 1. The applicant, or any person who Employees may not acquire regulated property will be directly engaged in the management or until all required information has been reviewed operation of the business, or any person who owns and approved by the Tigard Police Department. a five percent or more interest in the business,has The criteria used to review a new employee will previously owned or operated a business regulated be the same as those used in the review of an by Chapter 7.70,and initial application in Chapter 7.70. a. The license or permit for the D. The personal and business information business has been revoked for cause that would be contained in the application forms required grounds for revocation pursuant to Chapter 7.70, pursuant to Section 7.70.040 are subject to the or requirements of the Oregon Public Records Law, ORS 192.410 et seq. (Ord. 14-11 §1; Ord. 09-07 b. The business has been found §1) to constitute a public nuisance and abatement has been ordered; 7.70.045 Surety Bond Required 2. Any person listed on the initial No person shall engage in business as a application or renewal application has been transient merchant until such merchant has filed convicted of one or more of the offenses listed with the city recorder of the city a $10,000.00 below or has violated any section of Chapter 7.70. bond, with a surety company licensed to do The offenses include: business in the State of Oregon as surety, for the benefit of any person damaged by false, a. Any felony, fraudulent, or misleading representations of the transient merchant in the conduct of his/her b. Any misdemeanor or violation business. (Ord. 14-11 §1;Ord.09-07 §1) involving either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft, or 7.70.050 Issuance and Renewal of any attempt or conspiracy to commit any of the Secondhand Dealer License listed offenses; A. Upon the filing of an application for a 3. The chief of police finds by a secondhand dealer license and payment of the preponderance of the evidence that the applicant required fee, the chief of police shall conduct an or any principal or employee has committed any investigation of the applicant and all principals offense relating to fraud, theft or any attempt or and employees listed according to the conspiracy to commit theft, or any offense listed requirements in Section 7.70.040. The chief of in Section 7.70.120; police shall issue the license within 90 days of receiving the application if no cause for denial 4. The chief of police finds by a exists. preponderance of the evidence that the applicant or any principal or employee who will be involved 7-70-6 Code Update: 10/18 TIGARD MUNICIPAL CODE in the business has violated any law where the E. Secondhand dealer licenses must be elements of such law are equivalent to the displayed at the business location in a manner provisions of Chapter 7.70; readily visible to patrons. 5. Any statement in the application is F. Upon denial of an application for a false or any required information is withheld; or secondhand dealer license, the chief of police shall give the applicant written notice of the 6. The chief of police finds by a denial. preponderance of the evidence that the applicant, or any person who will be directly engaged or 1. Service of the notice will be employed in the management or operation of the accomplished by mailing the notice to the business, or any person who owns a five percent applicant by certified mail, return receipt or more interest in the business, has previously requested. owned or operated a business regulated by Chapter 7.70 or any laws or statutes equivalent to 2. Mailing of the notice will be prima the provisions of Chapter 7.70, and the business facie evidence of receipt of the notice. has violated applicable state, federal or local requirements, including permitting requirements. 3. The denial will be effective the date the notice is sent. C. Notwithstanding Section 7.70.050, the chief of police may grant a permit after consulting G. Denial of a license may be appealed by with the city council despite the presence of one filing written notice of an appeal within 10 days or more of the enumerated factors if the applicant of the date of denial in accordance with Section establishes to the chief of police's reasonable 7.70.150. (Ord. 14-11 §1; Ord.09-07 §1) satisfaction that: 7.70.060 Secondhand Dealer License 1. The behavior evidenced by such Fees. factor is not likely to recur;or Every dealer shall complete and submit all 2. The behavior evidenced by such required forms to the chief of police and pay a factor is remote in time;or non-refundable fee as set forth by the City of Tigard Master Fees and Charges Schedule. (Ord. 3. The behavior evidenced by such 14-11 §1;Ord. 09-07 §1) factor occurred under circumstances that diminish the seriousness of the factor as it relates to the 7.70.070 Subsequent Locations purpose of Chapter 7.70. A. Dealers must file an application for a D. Secondhand dealer licenses are valid for license for a subsequent or additional business one year and expire at 12 a.m. on January 15th of location with the Tigard Police Department and each year. The licenses are nontransferable and pay a nonrefundable fee as set forth in the City of are valid only for a single business location.When Tigard Master Fees and Charges Schedule; the business location is to be changed,the license provided the information required for the holder shall provide the address of the new subsequent or additional business location is location in writing to the chief of police for identical to that provided in the application for the approval at least 14 days prior to the change. 7-70-7 Code Update: 10/18 TIGARD MUNICIPAL CODE prior location with the exception of that required 13. The following apply to occasional by Section 7.70.040. secondhand dealers: B. Secondhand dealer licenses issued for 1. Occasional secondhand dealers subsequent or additional business locations will be may request an exemption from using the subject to all the requirements of this chapter, and recordkeeping system. The exemption will allow the term of the license issued for a subsequent or occasional secondhand dealers to, as an additional location will expire on the same date as alternative, submit their transactions on the initial permit. (Ord. 14-11 §1;Ord. 09-07 §1) transaction report forms created by the chief of police. The request for this exemption must be 7.70.080 Reporting of Secondhand made in writing to the chief of police. Dealer Transactions 2. The Tigard Police Department will A. Dealers shall provide to the Tigard provide all occasional secondhand dealers with Police Department all required information as set transaction report forms at cost until 60 days after forth by the Tigard Police Department for each such time that the chief of police directs a change regulated property transaction (not including in the reporting method. The chief of police may sales). The chief of police may designate the specify the format of the transaction report form. format for the transfer of this information and may The chief of police may require that the direct that it be communicated to the criminal transaction report form include any information investigations unit by means of mail, the Internet, relating to the regulations of this chapter. Dealers or other computer media. may utilize their own forms, in lieu of those supplied by the Tigard Police Department, if the 1. In any such case that the chief chief of police has approved such forms. The directs that the information be transmitted via declaration of proof of ownership will be computer media, the chief may also direct the considered to be included in references in this system that will be utilized in order to ensure chapter to the transaction report form, as conformity among all secondhand dealers. All appropriate. (Ord. 18-15 §1; Ord. 14-11 §1; Ord. secondhand dealers shall enter their transactions 09-07 §1) into the city's recordkeeping system. 7.70.090 Regulated Property Sale 2. If, after establishing the format and Limitations requirements for the transmission of computerized reports of transactions, the chief of police alters A. Regulated property is subject to the the required format, dealers will be given at least following limitations: 60 days to comply with the new format requirements. If unable to implement the reporting 1. Holding Period. Regulated property system before the deadline,a dealer must submit a acquired by any secondhand dealer must be held written request for additional time to the chief of for a period of 30 full days from the date of police before the deadline. acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of 3. Pawnbrokers are required to report Section 7.70.090 because of the redeemable only new transactions. Loan renewals do not need nature of the loans and the holding requirements to be reported. in ORS 726.However,if the loan is converted to a buy by the pawnbroker within 30 days from the 7-70-8 Code Update: 10/18 TIGARD MUNICIPAL CODE date of the pawn transaction, the difference and apart from all other property during the between the original date of the pawn and the buy holding period to prevent theft or accidental sale will count toward the 30-day hold requirement. and to allow for identification and examination by All other provisions of Section 7.70.090 remain in the Tigard Police Department.Held property must effect. be kept at the business location where it was acquired (including hotels or temporary event 2. The following sections apply to the locations) during this holding period so that it can hold period: be inspected during normal business hours (as provided in Section 7.70.110). Held property, a. The hold period for items may other than property on police hold, may be held in be reduced from 30 days to 20 days if the item a place within public view, as long as the other either displays a complete legible serial number; requirements of Section 7.70.090.A.2,are met. or is an item of jewelry; or is precious metal scrap. The dealer must: 4. Held property requirements do not apply if: i. Report the acquisition into the recordkeeping system on the same day the a. The property is received from acquisition occurs; a secondhand dealer regulated by the City of Tigard who has already satisfied the holding ii. Include a description in requirements of this chapter and the dealer records the recordkeeping system entry of the degree of the original transaction report number on the detail for the type of item as required in the transaction report completed for the new administrative policies and procedures and Tigard transaction; or Municipal Code Chapter 7.70; b. If a customer, who originally iii. Include a digital purchased property from a secondhand dealer, photograph of sufficient size and focus to identify returns it to that dealer with the original receipt. the item and distinguish it from similar items and that clearly shows any legible serial number on B. Notwithstanding this Section 7.70.090, the item in the recordkeeping system entry; and the chief of police may determine that certain types of transactions pose a reduced risk of being iv. Comply with all an outlet for the sale of stolen property and remaining requirements in the administrative therefore may modify the hold period and/or policies and procedures. reporting requirements for those types of transactions. Those transactions and the modified b. A dealer may be required to requirements are described in Section 7.70.120 the reinstate a 30-day hold period if an examination of administrative policies and procedures. the recordkeeping system entries reveals a pattern of insufficient item descriptions or insufficient C. Upon reasonable belief that an item of photographs. regulated property is the subject of a crime, any peace officer may provide notice to any dealer 3. Requirements of Held Property.All that a specifically described item of regulated held property must remain in the same form as property must be held in a separate police hold when received, must not be sold, dismantled or area for a period not to exceed 30 days from the otherwise disposed of and must be kept separate date of notification, and is subject to the 7-70-9 Code Update: 10/18 TIGARD MUNICIPAL CODE requirements of Section 7.70.090.A.2 of this chief of police or any Tigard police officer, not to section. The hold may be extended an additional exceed the statute of limitations for the crime 30 days upon notice provided to the dealer that being investigated. Any property placed on hold additional time is needed to determine whether a pursuant to this subsection is subject to the specific item of regulated property is the subject requirements found in Section 7.70.090.A.2, and of a crime. The dealer shall comply with the hold will be maintained in the police hold area unless notice and notify the Tigard Police Department seized or released by the police. Seizure of criminal investigations unit of the hold notice no property will be carried out in accordance with later than five calendar days from the day the Oregon Revised Statutes. notice was received, either by telephone, fax, email or in person. A dealer must notify the E. Items held or seized under TMC Section criminal investigations unit of his/her intent to 7.70.090.D may not be released to anyone other dispose of any item of regulated property under than the dealer unless the property is released to: police hold at least 10 days prior to doing so. 1. Another law enforcement agency 1. A police hold area must meet the that has provided documentation to the following criteria: satisfaction of the chief of police of the stolen status of the property;or a. Located out of public view and access,and 2. A person who reported the property as stolen when all of the following are present: b. Marked"police hold,"and a. A stolen property report has c. Contain only items that have been filed with a law enforcement agency where been put on police hold. making an untruthful report is a violation of the law,and 2. Dealers may maintain up to three police hold areas as necessary for the safe storage b. A notice has been delivered to of high value items, physically large items, and the dealer holding the property or from whom the general merchandise put on police hold. property was seized. 3. If it is not possible or practical to i. The notice required by move an item to or store an item in the police hold this subsection will state that the property is being area, a dealer may submit a written request to the released to the person who has filed the stolen chief of police for approval to keep the item with property report. other held property. Approval may be granted with the understanding that the item will be ii. The notice required by clearly marked as being on police hold and kept this subsection will be sent electronically with a from public view and access. request for acknowledgement, or delivered in person to the dealer at the email or physical D. Upon probable cause that an item of address shown on the dealer's permit application property is the subject of a crime, the chief of or most recent permit renewal application, and to police may take physical custody of the item or the pawner/seller at the address shown in the provide written notice to any dealer to hold such transaction report required by TMC Chapter 7.70. property for a period of time as determined by the The chief of police may release property to the 7-70-10 Code Update: 10/18 TIGARD MUNICIPAL CODE owner after the notice required by this subsection has been delivered; proof of receipt of the notice 7.70.100 Tagging Regulated Property for is not required. Identification iii. The failure of any person Dealers shall affix a tag to every item of to receive the notice required in this subsection regulated property, which must contain a unique, will not invalidate or otherwise affect the legible number. That unique number must either proceedings of this subsection. be the same as the transaction report number for that item or be referenced to the transaction report F. If a dealer acquires regulated property required by the Tigard Police Department. After with serial numbers, personalized inscriptions or the holding period has expired, the transaction initials, or other identifying marks which have number must remain identifiable on the property been destroyed or are illegible due to obvious until the sale of the property. normal use, the dealer shall continue to hold the property at the business location for a period of 90 A. After the applicable holding period has full days after acquisition. The dealer must notify expired, hand tools, or items that are sold with the Tigard Police Department by writing "90 day other like items and have no identifiable numbers hold"next to the item on the transaction report or or markings need not remain tagged. by an electronic means approved by the Tigard Police Department. The held property must B. After the applicable holding period has conform to all the requirements found in Section expired, items that are remanufactured need not 7.70.090.A.2. remain tagged. (Ord. 14-11 §1; Ord. 09-07 §1) G. If a dealer receives information that 7.70.110 Inspection of Property and leads to an objectively reasonable basis to believe Records that any property already at his/her business location has been previously lost or stolen, he/she Upon presentation of official identification, a must report that belief to the Tigard Police dealer shall allow any representative of the Tigard Department by day's end.The notice must include Police Department to enter the business location the transaction report number and any additional to ensure compliance with the provisions of information regarding the name of the owner, if Chapter 7.70. The inspection will be for the known. limited purpose of inspecting the business location,regulated property, and related records as H. If a peace officer employed by an provided in this chapter. Except by mutual agency other than Tigard seizes any property from agreement with the dealer or by court order, any a dealer, the dealer must notify the Tigard Police inspection under this section may occur only Department of the seizure no later than five during the dealer's normal business hours. (Ord. calendar days from the day the seizure occurs. 14-11 §1; Ord.09-07 §1) The dealer must provide the name of the agency, the name of the peace officer, the number of the receipt left for the seizure,and the seized property information. Notification to the Tigard Police Department may be given by telephone, fax, email, or in person. (Ord. 18-15 §1; Ord. 14-11 §1; Ord. 09-07 §1) 7-70-11 Code Update: 10/18 TIGARD MUNICIPAL CODE 7.70.120 Prohibited Acts determine whether a dealer has violated this subsection. A. It is unlawful for any person regulated by Chapter 7.70: B. Any violation of Chapter 7.70 is punishable, upon conviction, by a fine of not more 1. To receive any property from any than $500.00 and a jail sentence of up to six person: months. (Ord. 14-11 §1; Ord. 09-07 §1) a. Known to the principal, 7.70.130 Civil Penalties employee or dealer to be prohibited from selling by a court order, A. The chief of police may assess civil penalties in an amount up to $500.00 for each b. Under the age of 18 years violation of Chapter 7.70. unless the person's parent or guardian completes the applicable information on the declaration of B. Procedure. proof of ownership, 1. The chief of police having made a c. About whom the principal, determination to seek civil penalties as provided employee or dealer has been given notice by law by this section, shall give the dealer written notice enforcement as having been convicted of of the determination. burglary, robbery, theft or possession of or receiving stolen property within the past 10 years 2. Service of the notice will be whether the person is acting in his/her own behalf accomplished by mailing the notice by regular and or as the agent of another who meets the above certified mail, return receipt requested or by criteria; personal service by any sworn member of the Tigard Police Department. 2. To receive property prohibited by this chapter, including: 3. Mailing of the notice will be prima facie evidence of receipt of the notice. a. Medications, 4. The civil penalty will be due 30 b. Gift cards, in-store credit days from the date of the notice unless such civil cards, or activated phone cards, penalty is appealed in accordance with Section 7.70.150. (Ord. 14-11 §1; Ord. 09-07 §1) c. Property with serial numbers, personalized inscriptions or initials or other 7.70.140 Revocation or Suspension of identifying marks that appear to have been Secondhand Dealer License intentionally altered or rendered illegible; A. Along with the other regulatory 3. To receive property that a enforcement authority granted under this chapter, reasonable person under similar circumstances the chief of police may, after consulting with the would believe is more likely than not stolen. city council, revoke or suspend any license issued Determination regarding whether or not an item is pursuant to this chapter under the following found to be stolen will not be used as a factor to conditions: 7-70-12 Code Update: 10/18 TIGARD MUNICIPAL CODE 1. For any cause that would be period of time set in the notice not to exceed 30 grounds for denial of a permit; days. (Ord. 14-11 §1; Ord. 09-07 §1) 2. Upon finding that any violation of 7.70.150 Appeals. the provisions of this chapter, federal, state or other local law has been committed and the A. Any dealer or person whose initial violation is connected with the operation of the application or renewal application for a permitted business location so that the person in secondhand dealer license has been denied, or charge of the business location knew, or should whose license has been revoked or suspended, or reasonably have known, that violations or who has been directed to pay a civil penalty by the offenses were permitted to occur at the location by chief of police, may appeal the action of the chief the dealer or any principal or employee engaged of police to the civil infractions hearing officer in or employed in the management or operation of accordance with Chapter 1.17 of the Tigard the business location; Municipal Code. 3. A lawful inspection has been B. The filing of a notice of appeal of refused; revocation or suspension of a license, or of a civil penalty imposed by the chief of police under this 4. If payment of civil penalties has not chapter, will stay the effective date of the action been received by the City of Tigard within 10 until the civil infractions hearing officer has business days after the penalty becomes final;or issued an opinion.(Ord. 14-11 §1;Ord. 09-07 §1) 5. If any statement contained in the 7.70.155 Administrative Policies and application for the permit is false. Procedures B. The chief of police, upon revocation or The chief of police may, by rule, implement suspension of any permit issued pursuant to this the requirements and specifications of this chapter, shall give the dealer written notice of the chapter. Administrative policies and procedures revocation or suspension. stemming from this chapter,will be maintained by the Tigard Police Department and copies will be 1. Service of the notice will be provided to all dealers. (Ord. 14-11 §1; Ord. 09- accomplished by mailing the notice by regular and 07 §1)■ certified mail,return receipt requested. 2. Mailing of the notice by regular mail will be prima facie evidence of receipt of the notice. C. Revocation will be effective and final 10 days after the giving of notice unless the revocation is appealed in accordance with Section 7.70.150. D. Suspension will be effective immediately upon the giving of notice, for the 7-70-13 Code Update: 10/18 TIGARD MUNICIPAL CODE Chapter 7.70 SECONDHAND DEALERS large volumes of goods and materials that are AND TRANSIENT frequently the subject of theft. This chapter is MERCHANTS* intended to reduce this type of criminal activity by providing timely police awareness of such Sections: property transactions and by regulating the conduct of persons engaged in this business 7.70.010 Purpose activity. These regulations are necessary and the 7.70.020 Definitions need for the regulations outweighs the regulatory 7.70.030 Secondhand Dealer License effect that may result from their adoption. (Ord. Required 14-11 §1; Ord. 09-07 §1) 7.70.035 Minimum Standards 7.70.040 Application for Secondhand 7.70.020 Definitions Dealer License 7.70.045 Surety Bond Required As used in this chapter, unless the context 7.70.050 Issuance and Renewal of requires otherwise: Secondhand Dealer License 7.70.060 Secondhand Dealer License A. "Acceptable identification"means either Fees a current driver's license, a State of Oregon 7.70.070 Subsequent Locations Identification Card issued by the Department of 7.70.080 Reporting of Secondhand Motor Vehicles, or two current United States, Dealer Transactions state, or local government-issued identification 7.70.090 Regulated Property Sale cards, one of which has a photograph of the seller. Limitations Transactions which are accompanied by a 7.70.100 Tagging Regulated Property for thumbprint require only one current United States, Identification state, or local government-issued identification 7.70.110 Inspection of Property and card which has a photograph of the seller, or a Records current passport from any country. 7.70.120 Prohibited Acts 7.70.130 Civil Penalties B. "Acquire" means to take or transfer any 7.70.140 Revocation or Suspension of interest in personal property in a voluntary Secondhand Dealer License transaction, including, but not limited to: sales, 7.70.150 Appeals consignments, memoranda between a dealer and a 7.70.155 Administrative Policies and private party seller, leases, trade-ins, loans, and Procedures abandonments. "Acquire" also means to take or transfer any interest in precious metals, in a *Prior ordinance history:Ord.Nos.02-05,83-26. voluntary transaction, for the purpose of refinement. Any acquisition of regulated property 7.70.010 Purpose by a dealer will be presumed to be an acquisition on behalf of the secondhand dealer business. The purpose of adopting this chapter is to Notwithstanding the foregoing, "acquire"does not regulate certain business activities that present an include: extraordinary risk of being used by criminals to dispose of stolen property. Despite the best efforts 1. Any loans made in compliance of legitimate secondhand dealer businesses, this with state laws by persons licensed as risk is present because these businesses process pawnbrokers by the State of Oregon; or 7-70-1 Code Update. 10/18 TIGARD MUNICIPAL CODE 2. Memoranda between a secondhand b. Pawnbroker licensed under the dealer and a person engaged in the business of Oregon Pawnbroker's Act,ORS 726.040 et seq. selling regulated property. 2. Dealers that acquire or offer for C. "Business location" means any physical sale not more than 50 items of regulated property location where the dealer conducts business. in any one-year period will be categorized as an "occasional secondhand dealer." The term D. "Chief of police"means the chief of the "dealer" in this chapter and all regulations herein Tigard Police Department or his/her designee. refer to secondhand dealers, occasional secondhand dealers and pawnbrokers unless E. "Criminal arrests or a conviction" refers specifically stated otherwise. to any offense defined by the statutes of the State of Oregon or ordinances of the City of Tigard, 3. "Dealer"does not include: unless otherwise specified. Any arrest or conviction for conduct other than that denoted by a. A business whose acquisitions the statutes of the State of Oregon or ordinances of regulated property consist exclusively of of the City of Tigard, as specified herein, will be donated items and/or purchases from 501(c)(3) considered to be equivalent to one of such organizations;or offenses if the elements of such offense for which the person was arrested or convicted would have b. A person whose only business constituted one of the above offenses under the transactions with regulated property in the City of applicable Oregon statutes or City of Tigard Tigard consist of the sale of personal property ordinance provisions. acquired for household or other personal use; or F. "Dealer"or"secondhand dealer." c. A person whose only business transactions with regulated property in the City of 1. Means any: Tigard consist of a display space, booth, or table maintained for displaying or selling merchandise a. Sole proprietorship, partner- at any trade show, convention, festival, fair, ship, limited partnership, family limited partner- circus, market, flea market, swap meet or similar ship,joint venture, association, cooperative, trust, event for less than 14 days in any calendar year. estate, corporation, personal holding company, limited liability company, limited liability G. "Held property" means any regulated partnership or any other form of organization for property that cannot be sold, dismantled or doing business and that either: otherwise disposed of for a prescribed period of time as more specifically enumerated in Section i. Acquires regulated 7.70.090. property at or from business locations within the City of Tigard, or on behalf of such a business H. "Investment purposes" means the regardless of where the acquisition occurs;or purchase of personal property by businesses and the retention of that property in the same form as ii. Offers for sale regulated purchased, for resale to persons who are property. purchasing the property primarily as an investment. 7-70-2 Code Update: 10/18 TIGARD MUNICIPAL CODE I. "Medication" means any substance or police to be property that is frequently the subject preparation,prescription or over-the-counter, used of theft, including new items as defined in this in treating or caring for ailments and/or conditions section as well as used items such as precious in humans or animals. metals, precious gems, watches, sterling silver, electronic equipment, photography equipment, J. "New"means anything not used. tools, musical instruments and cases, firearms, sporting equipment, and household appliances. In K. "Pawnbroker" means any business order to enhance the police department's ability to required by Oregon Revised Statute 726.040 to reduce property crimes and recover stolen goods, hold an Oregon pawnbroker's license. a list of regulated property may be included in the Pawnbrokers are required by Chapter 7.70 to have administrative policies and procedures, and shall a secondhand dealer permit. As a dealer, all be updated by the chief of police. A copy will be transactions occurring within their business kept on file in the Tigard Police Department. (loans, buys, or consignments) are subject to all requirements within this chapter unless otherwise R. "Remanufactured" means that an item stated. has been altered to the degree that the main components are no longer identifiable as the L. "Person"means a natural person. original item. M. "Principal" means any person who will S. "Seller"means any person who: be directly engaged or employed in the management or operation of the secondhand 1. Offers items of regulated property dealer business, including any owners and any in exchange for money or other property; or as shareholders with a five percent or greater interest collateral for a loan; or in the company. 2. Donates or abandons items of N. "Receive" means to take property into regulated property. the inventory,possession, or control of a dealer. T. "Trade show" means an event open to O. A"registered business"must be: the public, held in a venue other than a dealer's business location, at which vendors of a specific 1. Registered with the Secretary of type of merchandise may exhibit, buy, sell, or State Corporate Division or its equivalent in the trade items that may include regulated property. state where the business is located; and Events commonly known as flea markets or 2. In compliance with the City of swap meets, in which goods of many types are Tigard business license registration requirements. exhibited, sold or traded, are not considered trade shows for the purpose of this chapter. P. "Recordkeeping system" means the program designated by the chief of police as the U. "Transaction report" means the record secondhand dealer transaction recordkeeping of the information required by Section 7.70.080, system. transmitted to the Tigard Police Department by the means required in Section 7.70.080. Q. "Regulated property" means property of a type that has been determined by the chief of V. "Transient merchant"means any person: 7-70-3 Code Update: 10/18 TIGARD MUNICIPAL CODE 1. Engaged in the business of or offering for sale regulated property within the purchasing or acquiring regulated property from City of Tigard will be presumed to be operating as business locations within the City of Tigard; a dealer subject to the terms of Chapter 7.70. 2. Engaged as an itinerant or D. The sale of regulated property at events temporary business under the provisions of the commonly known as "garage sales," "yard sales," Tigard Municipal Code,Chapter 5.04; and or "estate sales" is exempt from these regulations if all of the following are present: 3. Engaged in the business of purchasing such regulated property from any 1. No sale exceeds a period of 72 person not representing a business which is consecutive hours;and required to be issued a business license or special certificate under Chapter 5.04 of the Tigard 2. No more than four sales are held at Municipal Code, and who appears with such the same location in any 12-month period. (Ord. articles at the dealer's place of business. 14-11 §1; Ord. 09-07 §1) W. "Used" means anything that has been 7.70.035 Minimum Standards put into action or service. (Ord. 18-15 §1; Ord. 14-11 §1;Ord.09-07 §1) A. No person or business may operate as a dealer within the City of Tigard unless the person 7.70.030 Secondhand Dealer License or business maintains a fixed physical business Required location. A. No person or business shall engage in, B. Dealers shall comply with all applicable conduct or carry on a secondhand dealer business federal, state and local regulations. (Ord. 14-11 in the City of Tigard without a valid secondhand §1; Ord. 09-07 §1) dealer license issued by the City of Tigard. A secondhand dealer license shall be required in 7.70.040 Application for Secondhand addition to a business license or special certificate Dealer License required by Chapter 5.04 of the Tigard Municipal Code,or any other city license or permit. A. An applicant for a secondhand dealer license shall complete and submit an application B. Dealers that acquire or offer for sale not (including required personal history forms) that more than 50 items of regulated property in any sets forth the following information: one-year period are categorized as an "occasional secondhand dealer." Upon acquiring or offering 1. The name, address, telephone for sale more than 50 items of regulated property number, birth date and principle occupation of all during any one-year period, an occasional owners and any person who will be directly secondhand dealer shall apply for and obtain a engaged or employed in the management or secondhand dealer license and comply with all the operation of the business or the proposed regulations of a secondhand dealer before business; acquiring any more items of regulated property. 2. The name, address and telephone C. Any person or business that advertises number of the business or proposed business and a or otherwise holds him/herself out to be acquiring 7-70-4 Code Update: 10/18 TIGARD MUNICIPAL CODE description of the exact nature of the business to addresses, telephone numbers, and principle be operated; occupations, along with all other information required of any individual applicant, of each 3. The Web address of any and all partner,whether general, limited, or silent, and the Web pages used to acquire or offer for sale respective ownership shares owned by each. regulated property on behalf of the dealer,and any and all Internet auction account names used to b. If a corporation, or limited acquire or offer for sale regulated property on liability company, the application must set forth behalf of the dealer; the corporate or company name, copies of the articles of incorporation or organization and the 4. Written proof that all principals are corporate by-laws or operating agreement,and the at least 18 years of age; names, addresses, birth dates, telephone numbers, and principle occupations, along with all other 5. Each principal's business information required of any individual applicant, occupation or employment for the three years of every officer, director, members or managers, immediately preceding the date of application; and shareholder (owning more than five percent of the outstanding shares) and the number of 6. The business license and permit shares held by each; history of the applicant in operating a business identical to or similar to those regulated by 9. If the applicant does not own the Chapter 7.70; business premises, a true and complete copy of the executed lease(and the legal description of the 7. A brief summary of the applicant's premises to be permitted) must be attached to the business history in any jurisdiction including: application; a. The business license or permit 10. All arrests or convictions of each history of the applicant,and principal enumerated in subsection A of this section; b. Whether the applicant or any principal has ever had any business-related license 11. Upon request, principals and or permit revoked or suspended, the reasons employees shall submit to the Tigard Police therefor,and the business activity or occupation of Department the following information: the applicant or principal subsequent to the fingerprints, passport-size photographs, and a suspension or revocation; copy of the signature initials to be used by persons on transaction report forms. Principals and 8. Whether the applicant will be a sole employees must submit new photos if requested to proprietorship, partnership, limited partnership, do so by the Tigard Police Department; family limited partnership, joint venture, association, cooperative, trust, estate, corporation, 12. Any other information that the personal holding company, limited liability chief of police may reasonably feel is necessary to company,limited liability partnership or any other accomplish the goals of this chapter. form of organization for doing business. B. The secondhand dealer shall notify the a. If a partnership, the chief of police of any changes in the information application must set forth the names, birth dates, 7-70-5 Code Update: 10/18 TIGARD MUNICIPAL CODE required in subsection A of this section within 10 B. Except as provided in Section 7.70.050 business days. the chief of police shall deny an application for a secondhand dealer special license if any of the C. New employees of dealers shall following apply: complete and submit the personal history form as required in subsection A of this section. 1. The applicant, or any person who Employees may not acquire regulated property will be directly engaged in the management or until all required information has been reviewed operation of the business,or any person who owns and approved by the Tigard Police Department. a five percent or more interest in the business,has The criteria used to review a new employee will previously owned or operated a business regulated be the same as those used in the review of an by Chapter 7.70, and initial application in Chapter 7.70. a. The license or permit for the D. The personal and business information business has been revoked for cause that would be contained in the application forms required grounds for revocation pursuant to Chapter 7.70, pursuant to Section 7.70.040 are subject to the or requirements of the Oregon Public Records Law, ORS 192.410 et seq. (Ord. 14-11 §1; Ord. 09-07 b. The business has been found §1) to constitute a public nuisance and abatement has been ordered; 7.70.045 Surety Bond Required 2. Any person listed on the initial No person shall engage in business as a application or renewal application has been transient merchant until such merchant has filed convicted of one or more of the offenses listed with the city recorder of the city a $10,000.00 below or has violated any section of Chapter 7.70. bond, with a surety company licensed to do The offenses include: business in the State of Oregon as surety, for the benefit of any person damaged by false, a. Any felony, fraudulent, or misleading representations of the transient merchant in the conduct of his/her b. Any misdemeanor or violation business. (Ord. 14-11 §1; Ord. 09-07 §1) involving either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft, or 7.70.050 Issuance and Renewal of any attempt or conspiracy to commit any of the Secondhand Dealer License listed offenses; A. Upon the filing of an application for a 3. The chief of police finds by a secondhand dealer license and payment of the preponderance of the evidence that the applicant required fee, the chief of police shall conduct an or any principal or employee has committed any investigation of the applicant and all principals offense relating to fraud, theft or any attempt or and employees listed according to the conspiracy to commit theft, or any offense listed requirements in Section 7.70.040. The chief of in Section 7.70.120; police shall issue the license within 90 days of receiving the application if no cause for denial 4. The chief of police finds by a exists. preponderance of the evidence that the applicant or any principal or employee who will be involved 7-70-6 Code Update: 10/18 TIGARD MUNICIPAL CODE in the business has violated any law where the E. Secondhand dealer licenses must be elements of such law are equivalent to the displayed at the business location in a manner provisions of Chapter 7.70; readily visible to patrons. 5. Any statement in the application is F. Upon denial of an application for a false or any required information is withheld; or secondhand dealer license, the chief of police shall give the applicant written notice of the 6. The chief of police finds by a denial. preponderance of the evidence that the applicant, or any person who will be directly engaged or 1. Service of the notice will be employed in the management or operation of the accomplished by mailing the notice to the business, or any person who owns a five percent applicant by certified mail, return receipt or more interest in the business, has previously requested. owned or operated a business regulated by Chapter 7.70 or any laws or statutes equivalent to 2. Mailing of the notice will be prima the provisions of Chapter 7.70, and the business facie evidence of receipt of the notice. has violated applicable state, federal or local requirements, including permitting requirements. 3. The denial will be effective the date the notice is sent. C. Notwithstanding Section 7.70.050, the chief of police may grant a permit after consulting G. Denial of a license may be appealed by with the city council despite the presence of one filing written notice of an appeal within 10 days or more of the enumerated factors if the applicant of the date of denial in accordance with Section establishes to the chief of police's reasonable 7.70.150. (Ord. 14-11 §1; Ord. 09-07 §1) satisfaction that: 7.70.060 Secondhand Dealer License 1. The behavior evidenced by such Fees. factor is not likely to recur;or Every dealer shall complete and submit all 2. The behavior evidenced by such required forms to the chief of police and pay a factor is remote in time;or non-refundable fee as set forth by the City of Tigard Master Fees and Charges Schedule. (Ord. 3. The behavior evidenced by such 14-11 §1;Ord. 09-07 §1) factor occurred under circumstances that diminish the seriousness of the factor as it relates to the 7.70.070 Subsequent Locations purpose of Chapter 7.70. A. Dealers must file an application for a D. Secondhand dealer licenses are valid for license for a subsequent or additional business one year and expire at 12 a.m. on January 15th of location with the Tigard Police Department and each year. The licenses are nontransferable and pay a nonrefundable fee as set forth in the City of are valid only for a single business location. When Tigard Master Fees and Charges Schedule; the business location is to be changed,the license provided the information required for the holder shall provide the address of the new subsequent or additional business location is location in writing to the chief of police for identical to that provided in the application for the approval at least 14 days prior to the change. 7-70-7 Code Update: 10/18 TIGARD MUNICIPAL CODE prior location with the exception of that required B. The following apply to occasional by Section 7.70.040. secondhand dealers: B. Secondhand dealer licenses issued for 1. Occasional secondhand dealers subsequent or additional business locations will be may request an exemption from using the subject to all the requirements of this chapter, and recordkeeping system. The exemption will allow the term of the license issued for a subsequent or occasional secondhand dealers to, as an additional location will expire on the same date as alternative, submit their transactions on the initial permit.(Ord. 14-11 §1;Ord.09-07 §1) transaction report forms created by the chief of police. The request for this exemption must be 7.70.080 Reporting of Secondhand made in writing to the chief of police. Dealer Transactions 2. The Tigard Police Department will A. Dealers shall provide to the Tigard provide all occasional secondhand dealers with Police Department all required information as set transaction report forms at cost until 60 days after forth by the Tigard Police Department for each such time that the chief of police directs a change regulated property transaction (not including in the reporting method. The chief of police may sales). The chief of police may designate the specify the format of the transaction report form. format for the transfer of this information and may The chief of police may require that the direct that it be communicated to the criminal transaction report form include any information investigations unit by means of mail, the Internet, relating to the regulations of this chapter. Dealers or other computer media. may utilize their own forms, in lieu of those supplied by the Tigard Police Department, if the 1. In any such case that the chief chief of police has approved such forms. The directs that the information be transmitted via declaration of proof of ownership will be computer media, the chief may also direct the considered to be included in references in this system that will be utilized in order to ensure chapter to the transaction report form, as conformity among all secondhand dealers. All appropriate. (Ord. 18-15 §1; Ord. 14-11 §1; Ord. secondhand dealers shall enter their transactions 09-07 §1) into the city's recordkeeping system. 7.70.090 Regulated Property Sale 2. If, after establishing the format and Limitations requirements for the transmission of computerized reports of transactions, the chief of police alters A. Regulated property is subject to the the required format, dealers will be given at least following limitations: 60 days to comply with the new format requirements. If unable to implement the reporting 1. Holding Period. Regulated property system before the deadline,a dealer must submit a acquired by any secondhand dealer must be held written request for additional time to the chief of for a period of 30 full days from the date of police before the deadline. acquisition. Pawnbroker loan transactions are exempt from the 30-day hold requirements of 3. Pawnbrokers are required to report Section 7.70.090 because of the redeemable only new transactions. Loan renewals do not need nature of the loans and the holding requirements to be reported. in ORS 726. However, if the loan is converted to a buy by the pawnbroker within 30 days from the 7-70-8 Code Update: 10/18 TIGARD MUNICIPAL CODE date of the pawn transaction, the difference and apart from all other property during the between the original date of the pawn and the buy holding period to prevent theft or accidental sale will count toward the 30-day hold requirement. and to allow for identification and examination by All other provisions of Section 7.70.090 remain in the Tigard Police Department.Held property must effect. be kept at the business location where it was acquired (including hotels or temporary event 2. The following sections apply to the locations)during this holding period so that it can hold period: be inspected during normal business hours (as provided in Section 7.70.110). Held property, a. The hold period for items may other than property on police hold, may be held in be reduced from 30 days to 20 days if the item a place within public view, as long as the other either displays a complete legible serial number; requirements of Section 7.70.090.A.2, are met. or is an item of jewelry; or is precious metal scrap.The dealer must: 4. Held property requirements do not apply if: i. Report the acquisition into the recordkeeping system on the same day the a. The property is received from acquisition occurs; a secondhand dealer regulated by the City of Tigard who has already satisfied the holding ii. Include a description in requirements of this chapter and the dealer records the recordkeeping system entry of the degree of the original transaction report number on the detail for the type of item as required in the transaction report completed for the new administrative policies and procedures and Tigard transaction; or Municipal Code Chapter 7.70; b. If a customer, who originally iii. Include a digital purchased property from a secondhand dealer, photograph of sufficient size and focus to identify returns it to that dealer with the original receipt. the item and distinguish it from similar items and that clearly shows any legible serial number on B. Notwithstanding Section 7.70.090, the the item in the recordkeeping system entry; and chief of police may determine that certain types of transactions pose a reduced risk of being an outlet iv. Comply with all for the sale of stolen property and therefore may remaining requirements in the administrative modify the hold period and/or reporting policies and procedures. requirements for those types of transactions. Those transactions and the modified requirements b. A dealer may be required to are described in Section 7.70.120. reinstate a 30-day hold period if an examination of the recordkeeping system entries reveals a pattern C. Upon reasonable belief that an item of of insufficient item descriptions or insufficient regulated property is the subject of a crime, any photographs. peace officer may provide notice to any dealer that a specifically described item of regulated 3. Requirements of Held Property.All property must be held in a separate police hold held property must remain in the same form as area for a period not to exceed 30 days from the when received, must not be sold, dismantled or date of notification, and is subject to the otherwise disposed of and must be kept separate requirements of Section 7.70.090.A.2 of this 7-70-9 Code Update: 10/18 TIGARD MUNICIPAL CODE section. The hold may be extended an additional exceed the statute of limitations for the crime 30 days upon notice provided to the dealer that being investigated. Any property placed on hold additional time is needed to determine whether a pursuant to this subsection is subject to the specific item of regulated property is the subject requirements found in Section 7.70.090.A.2, and of a crime. The dealer shall comply with the hold will be maintained in the police hold area unless notice and notify the Tigard Police Department seized or released by the police. Seizure of criminal investigations unit of the hold notice no property will be carried out in accordance with later than five calendar days from the day the Oregon Revised Statutes. notice was received, either by telephone, fax, email or in person. A dealer must notify the E. Items held or seized under TMC Section criminal investigations unit of his/her intent to 7.70.090.D may not be released to anyone other dispose of any item of regulated property under than the dealer unless the property is released to: police hold at least 10 days prior to doing so. 1. Another law enforcement agency 1. A police hold area must meet the that has provided documentation to the following criteria: satisfaction of the chief of police of the stolen status of the property;or a. Located out of public view and access,and 2. A person who reported the property as stolen when all of the following are present: b. Marked"police hold,"and a. A stolen property report has c. Contain only items that have been filed with a law enforcement agency where been put on police hold. making an untruthful report is a violation of the law,and 2. Dealers may maintain up to three police hold areas as necessary for the safe storage b. A notice has been delivered to of high value items, physically large items, and the dealer holding the property or from whom the general merchandise put on police hold. property was seized. 3. If it is not possible or practical to i. The notice required by move an item to or store an item in the police hold this subsection will state that the property is being area, a dealer may submit a written request to the released to the person who has filed the stolen chief of police for approval to keep the item with property report. other held property. Approval may be granted with the understanding that the item will be ii. The notice required by clearly marked as being on police hold and kept this subsection will be sent electronically with a from public view and access. request for acknowledgement, or delivered in person to the dealer at the email or physical D. Upon probable cause that an item of address shown on the dealer's permit application property is the subject of a crime, the chief of or most recent permit renewal application, and to police may take physical custody of the item or the pawner/seller at the address shown in the provide written notice to any dealer to hold such transaction report required by TMC Chapter 7.70. property for a period of time as determined by the The chief of police may release property to the chief of police or any Tigard police officer, not to owner after the notice required by this subsection 7-70-10 Code Update: 10/18 TIGARD MUNICIPAL CODE has been delivered; proof of receipt of the notice 7.70.100 Tagging Regulated Property for is not required. Identification iii. The failure of any person Dealers shall affix a tag to every item of to receive the notice required in this subsection regulated property, which must contain a unique, will not invalidate or otherwise affect the legible number. That unique number must either proceedings of this subsection. be the same as the transaction report number for that item or be referenced to the transaction report F. If a dealer acquires regulated property required by the Tigard Police Department. After with serial numbers, personalized inscriptions or the holding period has expired, the transaction initials, or other identifying marks which have number must remain identifiable on the property been destroyed or are illegible due to obvious until the sale of the property. normal use, the dealer shall continue to hold the property at the business location for a period of 90 A. After the applicable holding period has full days after acquisition. The dealer must notify expired, hand tools, or items that are sold with the Tigard Police Department by writing "90 day other like items and have no identifiable numbers hold" next to the item on the transaction report or or markings need not remain tagged. by an electronic means approved by the Tigard Police Department. The held property must B. After the applicable holding period has conform to all the requirements found in Section expired, items that are remanufactured need not 7.70.090.A.2. remain tagged.(Ord. 14-11 §1;Ord. 09-07 §1) G. If a dealer receives information that 7.70.110 Inspection of Property and leads to an objectively reasonable basis to believe Records that any property already at his/her business location has been previously lost or stolen, he/she Upon presentation of official identification, a must report that belief to the Tigard Police dealer shall allow any representative of the Tigard Department by day's end.The notice must include Police Department to enter the business location the transaction report number and any additional to ensure compliance with the provisions of information regarding the name of the owner, if Chapter 7.70. The inspection will be for the known. limited purpose of inspecting the business location,regulated property,and related records as H. If a peace officer employed by an provided in this chapter. Except by mutual agency other than Tigard seizes any property from agreement with the dealer or by court order, any a dealer, the dealer must notify the Tigard Police inspection under this section may occur only Department of the seizure no later than five during the dealer's normal business hours. (Ord. calendar days from the day the seizure occurs. 14-11 §1;Ord.09-07 §1) The dealer must provide the name of the agency, the name of the peace officer, the number of the receipt left for the seizure,and the seized property information. Notification to the Tigard Police Department may be given by telephone, fax, email, or in person. (Ord. 18-15 §1; Ord. 14-11 §1; Ord. 09-07 §1) 7-70-11 Code Update: 10/18 TIGARD MUNICIPAL CODE 7.70.120 Prohibited Acts determine whether a dealer has violated this subsection. A. It is unlawful for any person regulated by Chapter 7.70; B. Any violation of Chapter 7.70 is punishable,upon conviction, by a fine of not more 1. To receive any property from any than $500.00 and a jail sentence of up to six person: months. (Ord. 14-11 §1; Ord. 09-07 §1) a. Known to the principal, 7.70.130 Civil Penalties employee or dealer to be prohibited from selling by a court order, A. The chief of police may assess civil penalties in an amount up to $500.00 for each b. Under the age of 18 years violation of Chapter 7.70. unless the person's parent or guardian completes the applicable information on the declaration of B. Procedure. proof of ownership, 1. The chief of police having made a c. About whom the principal, determination to seek civil penalties as provided employee or dealer has been given notice by law by this section, shall give the dealer written notice enforcement as having been convicted of of the determination. burglary, robbery, theft or possession of or receiving stolen property within the past 10 years 2. Service of the notice will be whether the person is acting in his/her own behalf accomplished by mailing the notice by regular and or as the agent of another who meets the above certified mail, return receipt requested or by criteria; personal service by any sworn member of the Tigard Police Department. 2. To receive property prohibited by this chapter, including: 3. Mailing of the notice will be prima facie evidence of receipt of the notice. a. Medications, 4. The civil penalty will be due 30 b. Gift cards, in-store credit days from the date of the notice unless such civil cards, or activated phone cards, penalty is appealed in accordance with Section 7.70.150. (Ord. 14-11 §1; Ord. 09-07 §1) c. Property with serial numbers, personalized inscriptions or initials or other 7.70.140 Revocation or Suspension of identifying marks that appear to have been Secondhand Dealer License intentionally altered or rendered illegible; A. Along with the other regulatory 3. To receive property that a enforcement authority granted under this chapter, reasonable person under similar circumstances the chief of police may, after consulting with the would believe is more likely than not stolen. city council, revoke or suspend any license issued Determination regarding whether or not an item is pursuant to this chapter under the following found to be stolen will not be used as a factor to conditions: 7-70-12 Code Update: 10/18 TIGARD MUNICIPAL CODE 1. For any cause that would be period of time set in the notice not to exceed 30 grounds for denial of a permit; days. (Ord. 14-11 §1; Ord. 09-07 §1) 2. Upon finding that any violation of 7.70.150 Appeals. the provisions of this chapter, federal, state or other local law has been committed and the A. Any dealer or person whose initial violation is connected with the operation of the application or renewal application for a permitted business location so that the person in secondhand dealer license has been denied, or charge of the business location knew, or should whose license has been revoked or suspended, or reasonably have known, that violations or who has been directed to pay a civil penalty by the offenses were permitted to occur at the location by chief of police, may appeal the action of the chief the dealer or any principal or employee engaged of police to the civil infractions hearing officer in or employed in the management or operation of accordance with Chapter 1.17 of the Tigard the business location; Municipal Code. 3. A lawful inspection has been B. The filing of a notice of appeal of refused; revocation or suspension of a license, or of a civil penalty imposed by the chief of police under this 4. If payment of civil penalties has not chapter, will stay the effective date of the action been received by the City of Tigard within 10 until the civil infractions hearing officer has business days after the penalty becomes final;or issued an opinion.(Ord. 14-11 §1;Ord. 09-07 §1) 5. If any statement contained in the 7.70.155 Administrative Policies and application for the permit is false. Procedures B. The chief of police, upon revocation or The chief of police may, by rule, implement suspension of any permit issued pursuant to this the requirements and specifications of this chapter, shall give the dealer written notice of the chapter. Administrative policies and procedures revocation or suspension. stemming from this chapter, will be maintained by the Tigard Police Department and copies will be 1. Service of the notice will be provided to all dealers. (Ord. 14-11 §1; Ord. 09- accomplished by mailing the notice by regular and 07 §1)■ certified mail,return receipt requested. 2. Mailing of the notice by regular mail will be prima facie evidence of receipt of the notice. C. Revocation will be effective and final 10 days after the giving of notice unless the revocation is appealed in accordance with Section 7.70.150. D. Suspension will be effective immediately upon the giving of notice, for the 7-70-13 Code Update: 10/18 AGENDA ITEM No. 4 Date: June 4, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Public Hearing - Consider Updates to TMC Chapter 7.70 - Modifications to Requirements for Holding Property This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: June 4, 2019 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,.Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. N e, dres & hone No. Name,Address&Phone No. fff L Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3848 5. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 25 Minutes Agenda Title: Tigard Complete Streets Policy Update Prepared For: Dave Roth, Community Development Submitted By: Dave Roth, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE Staff will update Council on the draft Tigard Complete Streets Policy and Implementation Plan. STAFF RECOMMENDATION / ACTION REQUEST None. Information only. Staff asks that Council be prepared to ask questions about the Policy. KEY FACTS AND INFORMATION SUMMARY Staff initiated a collaborative process to develop a Complete Streets Policy for the City of Tigard in the fall of 2018. After a 6-month process working with internal and external stakeholders and with the Tigard Transportation Advisory Committee (TTAC), staff and a consultant specializing in policy development and facilitation have prepared a draft Policy and administrative Implementation Plan. At its May 1, 2019 meeting, TTAC recommended the City adopt the Tigard Complete Streets Policy. Likewise, at their final of three meetings on May 20, 2019, the Tigard Complete Streets Work Group approved the draft policy. The policy is modeled after Complete Streets Policy best practices used by cities across the country. With adoption of this policy,Tigard would join over 1,400 cities across the US who have already adopted their own Complete Streets Policies. This transportation philosophy and approach to street design, operation, and maintenance is a cornerstone for equitable transportation development and decision-making. The Policy ensures that the future of Tigard's transportation system will meet the needs of all people regardless of travel mode, age, or ability. The Policy addresses past decision-making that has resulted in a network of streets and infrastructure with many miles of incomplete streets —those without safe places to walk, bike, or take public transportation. It does so by outlining a clear vision and intent to serve all road users; by requiring complete networks; by requiring the use of best practice in design;by supporting and linking to Tigard's land use planning goals;by requiring internal and jurisdictional coordination; and by requiring the measurement of policy performance over time. The Policy applies to all facilities and the full lifecycle of project development and operation; it requires all agencies over which the city has permitting authority to comply with the Policy; and it provides clear guidance as to exemptions and exceptions in limited cases. Finally, it calls for the Policy to be implemented through a specific plan and activities. The Implementation Plan, an administrative document with a 3-5 year update cycle, identifies 20 key activities that will support implementation of the Policy over time. Each activity is assigned a lead and partner(s) to carry through with that project or program. Some activities are already underway,whereas others will occur during the first year of Policy adoption or in future years. Activities cover such topic areas as transportation safety, traffic enforcement, Tigard Development Code, Tigard Engineering Design Standards, Safe Routes to School, Tigard's Transportation System Plan, and more. Staff plan on bringing the Tigard Complete Streets Policy to Council for adoption by resolution on June 11, 2019. OTHER ALTERNATIVES Not applicable. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2019-2021 Council Goal 5: Enhance Walkability and Pedestrian Connectivity 2014-2034 Strategic Plan Goals 1 and 2 Transportation System Plan 2035 Goals 1 through 6 DATES OF PREVIOUS COUNCIL CONSIDERATION Council 2019-2021 Goal Setting Attachments Complete Streets Update PPT Exhibit A Draft Complete Streets Policy CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done s ■ TIGARD Complete Streets Policy Project Update Tigard City Council June 4, 2019 c : I I 1 ( ) I I \ I: 1) Overview The Problem Positive Headway Complete Streets Policy / Implementation Plan Next Steps & Discussion Vre •� CMPLETE STREETS CITY OF TIGARD The Problem Tigard is not yet the interconnected, walkable, bikeable, and transit accessible community envisioned by the Strategic Plan. Getting around without a car can be challenging, and in some cases, uncomfortable or even potentially dangerous. 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L____ „Li , -,1 ri I J r� I J '1, M�' r I .[<. o �'�/ • =-,... ye', ,.....• Pi i t13# ___ , , � � �.wl,. viable ransp � . tion . ......... option, T L 1 'I' l O 1 I IGARD Tigard's Complete Streets Policy Formalizes Tigard's commitment to scoping, designing, building, and maintaining transportation facilities and network to serve all users of all ages and abilities Provides needed transportation policy guidance to bridge the gap between Tigard's current auto-oriented urban form and the vision presented by Tigard's Strategic Plan CITY OF TIGARD Policy Development 6-month process initiated in fall of 2018 / Involved city staff, agency partners, Tigard Transportation Advisory Committee (TTAC), and the public TTAC recommended approval on May 1, 2019 Work Group approved on May 20, 2019 CITY OF TIGARD Implementation Plan 1 20 specific, time-bound activities to support the policy 1 Reflective of Strategic Plan, Council Goals, TSP recommendations, TTAC, and public input 1 Activities will help solve key problems: Incomplete network and gaps in the system Limited facility design solutions Questions around when and how to design and build non-auto infrastructure Inadequate development code requirements CITY O F TIGARD Next Steps Staff will return to Council on x + }! t r, rfi, )� .H J X.. r. 41:1 June 11th ` 1 '�� .. . . 1 �++ •�' 4/ • 1 Council to consider a resolution �� 't� � ,` adopting the Tigard Complete 1'.k . nx +L 11 ,E J -- Cyt Streets Policy at their June 11th 1 , , 0„,„ meeting • it lir . 41, ..1 a / Discussion and Q&A Exhibit A Tigard Complete Streets Policy Definitions All Users Individuals of all ages and abilities including, but not limited to, pedestrians, bicyclists, public/paratransit users, people with disabilities, emergency responders, motorists, motorcyclists, freight providers, commercial vehicles, and emerging micro-mobility modes. Comprehensive Plan A document that provides the broad policy basis for a city's land use planning program and ultimately guides all actions relating to the use of land in the city. It also signals that a city's land use planning efforts will implement state and regional requirements, including Oregon's land use planning goals and related laws, state administrative rules,and applicable Metro plans and requirements. Context Sensitive Design A process in which a project is planned not only to serve specific transportation objectives, but also for its effects on the physical, aesthetic, social, economic and environmental values, needs,constraints and opportunities in a larger community setting. Projects designed using this model optimize safety of the facility; preserve the environmental, scenic, aesthetic, historic, and natural resource values of the area; are designed and built with minimal disruption to the community; and, involve efficient and effective use of resources (time, budget, community). Emergency A circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property. Micro-Mobility Shared or personal vehicles that can carry one or two passengers. Bicycles are the most common example. Other micro-mobility vehicles include small battery-powered cars, bicycles, and scooters. Multi-Modal A transportation system accommodating multiple travel modes, including motor vehicles, pedestrians, transit,and bicycles. Neighborhood Traffic Management Utilization of traffic control devices in residential neighborhoods to slow traffic,or possibly reduce the volume of traffic—also called "traffic calming." Right-of-Way Includes city streets, roads, bridges, alleys, sidewalks,trails, paths, and all other public ways and areas managed by the city or other public entity within the City of Tigard. "Right-of-way" also includes public utility easements to the extent that the easement allows use by the utility operator planning to use or using the public utility easement. 1 Exhibit A Sidewalk An area specifically delineated and constructed for pedestrian use located behind a curb but within the rights-of-way or within an easement specifically established for that purpose. Trails and Pathways Those that function as transportation facilities and are identified in the City's Transportation System Plan (TSP)or Pedestrian and Bicycle Plan as such.The Policy does not apply to trails and pathways that are intended solely for recreational purposes such as those within parks or open space areas, unless they are part of a larger system that extends beyond that facility. Transportation System Plan A Transportation System Plan (TSP) describes a city's transportation system, network, and facilities. It outlines projects, programs, and policies to meet its needs now and in the future based on the community's aspirations.Oregon's statewide planning Goal 12 requires cities to create and regularly update TSPs as implemented by the Transportation Planning Rule (Oregon Administrative Rule 660-012- 0015). Vision Statement A description of the desired long-term outcome of implementation of The Policy. Vulnerable Road User In Oregon,Vulnerable Road Users are defined by state statute. Oregon Revised Statute 801.608 describes a "Vulnerable User of a Public Way" as a pedestrian, highway worker, person riding an animal, or a person operating a bicycle, skateboard, roller skates, in-line skates, a scooter, or a farm tractor in the public right-of-way. Policy Elements 1. Tigard Complete Streets Vision Statement "Tigard is a vibrant and healthy community where people of all ages and abilities can travel safely, efficiently and comfortably on a well-connected and optimized multi-modal network of roads,trails, and paths." 2. Guiding Principles 2.1. Serve All Users Tigard's transportation system should serve all users equitably. To the maximum extent possible,the City will develop and manage rights-of-way that are safe, integrated,and connected to promote access and mobility for all users. In particular,the City will work to address and enhance the safety of vulnerable road users. 2.2. Provide Interconnected Networks All users of Tigard's transportation system require connected travel networks.All rights-of-way and routes need not accommodate all travel modes; however,the City will strive to provide a reasonable network of safe, accessible, and convenient travel routes and road crossings for non-motorized travel.The network may include off-street trails and pathways for bicycling and walking.The City 2 Exhibit A will advance projects needed to close gaps and to complete priority transportation networks and routes identified in the Transportation System Plan (TSP).Special consideration will be given to underserved areas or areas with concentrations of people who rely heavily on transit or other alternative modes of transportation. 2.3. Use Best Practices and Innovative, Context-Sensitive Design The City will utilize current and emerging best practices in transportation network and facility design to best serve the multi-modal transportation needs of all users.The City will align and update related goals, policies, standards, and code provisions to incorporate these current and emerging best practices as required'.The City will address the needs and comfort of all users considering issues such as traffic safety, street design and width, desired operating speed, mode balance, illumination, landscaping, stormwater management,on-street parking, required pedestrian amenities, and connectivity.While adhering to local, regional, state, and national standards the City will utilize context-sensitive design to address unique local conditions, constraints, and priorities. Local conditions and constraints may include but not be limited to existing right-of-way, natural resources,cost, documented pedestrian and bicycle safety issues,and other factors.The City will meet or exceed national, state, and regional best-practice design guidelines in street design, construction, and operation. 2.4. Support Land Use Planning Goals The City will design and develop a transportation network and facilities supportive of the land-use goals and policies of the Tigard Comprehensive Plan,as well as adopted or accepted plans for specific neighborhoods, corridors, or other geographic areas within the City of Tigard. 2.5. Internal and Jurisdictional Coordination The City will develop seamless transportation facilities and accommodations to effectively serve the needs of all users within and beyond the City's borders by fostering partnerships internally,with local businesses, developers, community organizations, and with regional agencies including but not limited to:the Oregon Department of Transportation; Metro; Washington County;Tualatin Valley Fire and Rescue;Clean Water Services;the Tigard-Tualatin School District; and the neighboring cities of Beaverton; Durham; King City; Lake Oswego; Portland; and Tualatin.The City will approach every public or private project, program, and practice that affects the transportation network or occurs in the right-of-way as an opportunity to improve street conditions and travel routes, particularly for vulnerable road users. City departments will work in coordination and collaborate with other entities to maximize current and future opportunities for transportation network connectivity for all users. 2.6. Measure Performance The City will track and report on Policy implementation performance utilizing indicators that reflect transportation safety, efficiency, mobility, accessibility, and experience for all users. Within one year of Policy adoption, the City will select specific performance measures to be tracked, summarized, and posted publicly on an annual basis".City staff will collaborate with the Tigard Transportation Advisory Committee (TTAC) on Complete Streets Policy performance tracking and reporting. 3 Exhibit A 3. Applicability 3.1. All Facilities Except as described in Section 4,the Policy applies to all transportation facilities within the public rights-of-way,on public property,and/or or within a public easement.Transportation facilities include but are not limited to streets, crosswalks,on and off-street pedestrian and bicycle pathways, parking facilities,alleys, bridges, frontage roads, and temporary traffic zones. 3.2. Project Lifecycle The Policy applies to the routine planning,design, implementation,operation, and maintenance of all transportation infrastructure.The Policy applies to both new and retrofit projects, including the construction, reconstruction, retrofit, resurfacing, restriping, alteration, and major repair of streets, trails and pathways. Within one year of Policy adoption,the City will develop and implement criteria and a process for incorporating Complete Streets elements into major maintenance or rehabilitation projects(e.g., resurfacing, restriping, retrofit or similar projects). 3.3. Permitting Authority The City will require all agencies over which it has permitting authority to comply with the Policy. For all transportation projects designed by other agencies or entities that require funding or approval by the City,the City of Tigard will, in advance of finalizing such funding or approval: 3.3.1. Evaluate the proposed project for compliance with the Policy. 3.3.2. Where needed, recommend measures and require appropriate changes to bring it into compliance with the Policy.The City encourages entities not under its jurisdiction to satisfy this policy,including Washington County, Oregon Department of Transportation, TriMet, other local service providers, for those agencies'facilities in the City of Tigard as well as regional transportation projects. Partner agencies are encouraged to consider this Complete Streets Policy in the design,construction, operation, and maintenance of their facilities. 4. Exemptions and Exceptions to the Policy The City will strive to provide safe, comfortable,and convenient access to transportation choices by vulnerable road users as identified in Section 3 above,with only the following exemptions and exceptions stated below. 4.1. The following are exemptions to the Policy: 4.1.1. When work is limited to emergency repairs of transportation facilities or utilities;or 4.1.2. On transportation facilities or corridors where specific users are prohibited by law. 4.2. The following work may qualify for an exception to the Policy, subject to evaluation by designated Public Works and Community Development staff who will document and explain why an exception to this Complete Streets Policy is warranted: 4.2.1. Where the cost of accommodation is excessively disproportionate to the need or probable use as documented through deliberate study and analysis; 4 Exhibit A 4.2.2. Where an absence of current or future need is documented; or 4.2.3. When work is limited to routine maintenance that does not change the roadway geometry or operations, or for American's with Disabilities Act (ADA)accommodation work 5. Policy Implementation The City will strive to make Complete Streets practices a routine part of everyday operations and procedures.The Tigard Complete Streets Implementation Plan outlines specific activities that, when completed, support policy implementation. It is designed to be a living document updated by city staff every 3-5 years with advice from the Tigard Transportation Advisory Committee (TTAC). 'Infrastructure and Facility Design Best Practice Sources • National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide, Urban Streets Design Guide, and Transit Street Design Guide • The American Association of State Highway Transportation Officials(AASHTO)Guide for the Development of Bicycle Facilities • The AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities • United States Access Board Proposed Guidelines for Accessible Rights-of-Way(PROWAG) • Manual on Uniform Traffic Control Devices (MUTCD) • The Highway Capacity Manual(HCM) • AASHTO Policy on Geometric Design of Highways and Streets • Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares:A Context Sensitive Approach • ITE Policy on Geometric Design of Highways and Streets • Federal standards for roadway lighting(Illuminating Engineering Society Publication RP-8 (Roadway Lighting)) • Oregon Transportation Plan and all associated Modal Plan that provide design guidance • Oregon Fire Code • Metro Regional Transportation Plan and associated transportation facility design policies • Metro Regional Travel Options Strategy • Metro Guide to Safe and Healthy Streets(Livable Streets, Green Streets,Trees for Green Streets, and Wildlife Crossings) • Washington County Transportation System Plan • Tigard Transportation System Plan and Modal Plans • Tigard Public Improvement Design Standards • Tigard Municipal Code 5 Exhibit A " Potential Performance Measures • Cumulative miles of new or upgraded Complete Streets • Percentage completion of TSP-identified Complete Streets Projects • Cumulative linear feet of new or reconstructed sidewalks • Percentage of sidewalk network completed (new and/or gaps filled) • Number of pedestrian crosswalk improvements completed • Cumulative linear feet or miles of new or reconstructed bike lanes • Percentage of bicycle network completed (new and/or gaps filled) • Linear feet or miles of off-street trails and pathways constructed • Percentage completion of TSP, Greenways Plan, and/or Parks Master Plan-identified trails • Progress on implementation of Tigard's ADA Transition Plan • Surface area treated by on-street low-impact development stormwater management facilities in the right-of-way • Review of geographic/demographic distribution of Complete Streets projects • Annual Complete Streets survey of Tigard residents • Reduction in traffic injuries or deaths • Conduct regular(every two years)Walk-Friendly Communities Assessment (Tigard is currently an "Honorable Mention" community) • Conduct regular(every two years) Bicycle-Friendly Communities Assessment 6 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done 1114 TIGARD IE-0 CL. gr Complete Streets Policy o Project Update a � � 0A Tigard City Council I June 4, 2019 CITY OF TIGARD Overview ► The Problem Positive Headway Complete Streets Policy Implementation Plan Next Steps & Discussion � �� C MPLETE STREETS CITY OF TIGARD The Problem Tigard is not yet the interconnected, walkable, bikeable, and transit accessible community envisioned by the Strategic Plan . 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L : „.„... 1 --__ . f CITY OF TIGARD Tigard's Complete Streets Policy Formalizes Tigard's commitment to scoping, designing, building, and maintaining transportation facilities and network to serve all users of all ages and abilities Provides needed transportation policy guidance to bridge the gap between Tigard's current auto-oriented urban form and the vision presented by Tigard's Strategic Plan ( ; I 1or '1' I GARD Policy Development 6-month process initiated in fall of 2018 Involved city staff, agency partners, Tigard Transportation Advisory Committee (TTAC), and the public TTAC recommended approval on May 1, 2019 1 Work Group approved on May 20, 2019 CITY OF TIGARD Implementation Plan 20 specific, time-bound activities to support the policy Reflective of Strategic Plan, Council Goals, TSP recommendations, TTAC, and public input Activities will help solve key problems: Incomplete network and gaps in the system Limited facility design solutions Questions around when and how to design and build non-auto infrastructure Inadequate development code requirements ( : I 'I' V 0 I, T T C, A RD Next Steps , r Staff will return to Council on June 11th iii',-- , r, 41 1+ A I Illir Niyi 4, , , Council to consider a resolution - �° 1 s adopting the Tigard Complete ? 't 4 Streets Policyat their June 11th P ,thy..,/'r meeting / Discussion and Q&A AIS-3819 6. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 20 Minutes Agenda Title: Senior Center Affordable Senior Housing Briefing Prepared For: Sean Farrelly, Community Development Submitted By: Sean Farrelly, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE The City Council is requested to approve a process to seek a developer of new affordable senior housing on the Tigard Senior Center site. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council approve the proposed process that will result in affordable senior housing to be co-located with the Tigard Senior Center. KEY FACTS AND INFORMATION SUMMARY The shortage of affordable housing in Tigard is well documented. 27 percent of Tigard's households are severely rent burdened, meaning that they pay more than 50 percent of their monthly income in rent. Washington County Housing staff reported that as of March 2019, 1,879 households are waiting for voucher assistance in Washington County. Of those, 223 (or 12 percent) are households with a head of household or spouse/spousal equivalent age 62 and up. To help address this, Tigard staff have been working on a Metro Equitable Housing Grant- funded project to facilitate new affordable housing opportunities. Staff identified the city-owned Tigard Senior Center site as a promising site to study, as it is publicly owned and near amenities like the Senior Center and Tigard Public Library. Using grant funds, staff engaged architects Carleton Hart, affordable housing finance specialists Housing Development Center, and land use planners DOWL. The consultant team looked at two options for the site: Concept A which would completely redevelop the site with housing and a new Senior Center on the ground floor, and Concept B, which would build senior housing behind the existing senior center. Preliminary financial review of Concept A showed that the lack of funding available for a new senior center (which can't be funded with housing program funding sources like low-income housing tax credits) made the project infeasible. Concept B would provide for 56 one-bedroom units in a five-story building adjacent to the Senior Center. Parking would be shared with the Senior Center. There is currently a shared parking agreement between the Senior Center and the neighboring Tigard Christian Church that allows overflow parking to park at the church. The Senior Center is open Monday-Friday, 8:30 AM—4:30 PM, which makes sharing parking more feasible. Tigard Senior Center staff were briefed twice on these plans and expressed support. They saw the benefit for many new customers to be next door. They did comment that the parking agreement may have to be re-negotiated with the church and would have to figure out their operations during the construction of the housing. Staff is proposing to move this project ahead by doing a request for qualifications for affordable housing developers in early June. The process would be to review submissions and invite developers to be interviewed by a cross-representational selection panel. The selected firm and the city would then negotiate a development agreement and a 99-year ground lease agreement for the project. These agreements would be brought for Council review and approval. There are several affordable housing funding opportunities that have made this a high priority, including the Metro Housing Bond and a HUD senior housing funding opportunity (application due at the end of August). These opportunities only require the applicants have an option to lease a property, not a signed lease. City Planning staff are also working on re-zoning the Senior Center,which is currently zoned Parks and Recreation, (which does not allow housing). However, the site's comprehensive plan designation is Mixed Use Central Business District, so the re-zoning would make the designations consistent. OTHER ALTERNATIVES Council could direct staff to change, or not proceed with the process. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment •Cultivate more relationships with future developers that share our multigenerational transit-oriented development vision. Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. Strategy 3.2: Complete an 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. Tigard Comprehensive Plan Housing Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas- Downtown Goal 15.2: Facilitate the development of an urban village. Policy 6: New housing in the downtown shall provide for a range of housing types, including ownership,workforce, and affordable housing in a high quality living environment. Tigard Strategic Plan Goal 2: Ensure development advances the vision DATES OF PREVIOUS COUNCIL CONSIDERATION N/.� Attachments Tigard Senior Center Feasibility Report Tigard Senior Center and Affordable Housing r:1",.. '4 4'It.' 141-cff'$N4Afi** 4.,,," ` ' !Att.' aye 4)' V. 1, ri.A a it - , ," a — 7 *I ' 9 * /4/4; '-.'t l'Z,4 '''. `-1:-26:1 Feasibility Assessment Report May 1, 2019 By: Housing Development Center 847 NE 19th Avenue, Suite 150 Portland, OR 97232 503-335-3668 Housing Development HDC-NW.ORG Center Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report I. Site and Context The proposed project site is located at 8815 SW O'Mara Street in the city of Tigard. The 1.7 acre site is currently improved with a 10,700 square foot building that houses the Tigard Senior Center, and approximately 49,000 square feet of paved parking and circulation area. The site's current zoning designation is PR- Parks and Recreation. The surrounding uses are Fanno Creek Park to the north,Tigard Christian Church to the east, and single-family homes to the south and west. The proposed project site sits on a larger 15.57 acre parcel owned by the City of Tigard, encompassing a portion of the Fanno Creek Park area. The City intends to re-zone the parcel in order to redevelop the senior center site to include affordable housing for seniors. Carleton Hart Architecture was contracted to perform site analysis and conceptual site plans, and Housing Development Center was contracted to assess the financial feasibility of the conceptual designs, in order for the City to determine the feasibility of redeveloping the site. II. Site Plan Concepts The proposed site is located just south of Fanno Creek, and the Fanno Creek Regional Trail borders the site's northern perimeter. The site slopes downward from south to north toward the park and creek. While the site itself is not located in a flood zone, a special flood hazard area runs along the creek. As such the site is constrained to the north and the conceptual site layouts maintain the northern property line "as is". The site layout is also constrained by the "flag-shape" nature of the property and street access. Connection to the right-of-way must be maintained at the south-east corner. Numerous trees ring the property with a significant cluster immediately North/NE of the existing senior center,which will likely need to be removed to accommodate redevelopment. Based on the above-mentioned site characteristics, Carleton Hart Architecture developed two potential site plans for feasibility evaluation. It should be noted that while re-zoning of the site is currently being assessed by city staff,the conceptual site plans described below are based on the development standards associated with the MU-CBD designation in the Development Code. Concept A(see Exhibit A) proposed demolishing the existing senior center structure and building a new mixed-use building with three floors of residential housing over two floors (split level) of commercial and residential. The new building would contain a new 15,000 square foot senior center and a total of 59 apartments. Surface parking surrounding the building would accommodate 49 spaces and would require a shared parking agreement with neighboring church to meet the code requirement of 89 spaces. Due to initial concerns raised by Housing Development Center about the lack of funding available for the extensive commercial space, which can't be funded with housing program funding sources like low- income housing tax credits and HOME, an alternate site plan concept, Concept B, was developed by Carleton Hart Architecture. 1 Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Concept B (see Exhibit B) proposed leaving the existing senior center in place and building a new residential building adjacent to the senior center. The new five-story residential building would include 56 apartments, multipurpose space, and office space for site staff. Surface parking surrounding the building would accommodate 44 spaces and would require a shared parking agreement with neighboring church to meet the code requirement of 78 spaces. III. Preliminary Feasibility Assessment of Concepts A and B Housing Development Center analyzed the financial feasibility of both Concepts to assess whether or not the projects would be feasible utilizing available affordable housing funding sources. At this early concept stage, HDC prepared conceptual project budgets based on similar recently completed projects with input from the city staff and other consultants. A. Preliminary Feasibility Summary-Concept A: 59 units of senior housing with new senior center on ground floor Square footage Summary Unit Size Count Total SF Studio - - 1 BR 576 56 32,256 2 BR 864 3 2,592 3 BR - - Total: 59 34,848 Residential SF Commercial SF Unit SF: 34,848 Common SF: 4,345 Senior Center 12,331 Circulation 7,839 Circulation 2,466 Total 47,032 Total 14,797 %total 76% 24% Financial Assumptions: Acquisition- No acquisition costs are assumed in the project budget;the city's intention is to enter into a long-term ground lease with the housing developer Construction costs • Residential-$220 per sf, based on recent similar projects • Commercial-$250 per sf (core and shell only, does not include tenant improvements and FF &E), based on recent commercial projects; cost of tenant improvements could add an additional$2-4 million 21 Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Soft costs Based on other similar projects and city input: • Building permits 1% • System Development Charges 5% • Architecture 5% • Developer fee 18%(OHCS limit) • Other soft costs based on similar projects • Financing& Interest based on estimated loan amounts/sources Income& Expenses 56 1-BDRM units • 28 @ 50%AMI • 28 @ 60%AMI 3 2-BDRM units • 2@60%AMI • 1 manager's unit Operating Expenses: $5,700 per unit per year including replacement reserves Funding Sources • 9%Tax credit equity pricing 92 cents; site is not in a DDA or QCT • Permanent Loan-20 year term/30 year amortization, 6%interest • HOME funds from Washington County(or other sources) • No sources yet identified for senior center/commercial space costs Conclusion-Concept A As shown in the chart below, based on the above assumptions the total project costs for the residential portion of the building would be approximately$16 million, which could be covered with 9%tax credit equity, a permanent loan, and HOME funds or other gap funding sources available from the state. The cost of the new senior center space would be approximately$4.2 million for the shell only. The cost of interior tenant improvements could add an additional$2-4 million, depending on the intended uses of the space,the number of kitchens and bathroom, and the type of furniture, fixtures, and equipment needed. At this time,the city of Tigard does not have any funding available to cover the cost of the new senior center,and while Washington County may have some CDBG funding available,the existing senior center received CDBG funding for renovations in 2008,so it is not likely the county would provide additional grant funding for a new senior center at this time. In addition, the current senior center operations do not generate sufficient revenue to support a commercial loan. 31 Page Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report With no available sources to cover the cost of the commercial space,the Concept A mixed-use project would face a funding gap of approximately$6-8 million (including tenant improvements), and is therefore not feasible. Wage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Concept A: Preliminary Sources and Uses Capital Sources and Uses Sources Commercial Residential LIHTC Equity - 12,651,995 Res Perm Mortgage-OAHTC - - Res Perm Mortgage-NonOAHTC 2,652,567 Corn Perm Mortgage - - OHCS Weatherization - - OHCS GHAP - HOME Loan - 750,706 HTF - - Capital Campaign - - GP Equity/Sponsor Loan - Deferred Developer Fee - - TOTAL SOURCES - 16,055,268 Uses Commercial Residential Acquisition 0 0 Construction costs 3,754,790 10,527,156 Soft Costs 432,225 1,421,789 Predevelopment Loan Costs/Fees 0 5,000 Construction Loan Costs/Fees 41,723 277,970 Bridge Loan Fees 0 0 Permanent Loan Fees 0 12,500 Tax Credit Fees 0 150,836 Bond Issuance Fees 0 0 Interest 0 838,932 Development Contingency 23,697 93,405 Developer Fee 0 2,449,109 Reserves/Cash Accounts - 278,571 TOTAL USES 4,252,435 16,055,268 surplus/(gap): (4,252,435) - Metrics Commercial Residential Units 59 Cost per unit 272,123 Total Building sf 14,797 47,032 Cost per sf 287.38 341.37 Ratio psf buildings of Total 23.93% 76.07% Developer Fee (Res per OHCS calcs) 0 18% Cash Developer Fee 0.0% 18.0% 5I Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report B. Preliminary Feasibility Summary-Concept B: 56 units of Senior Housing adjacent to existing senior center Concept B Square Footage: Summary Unit Size Count Total SF Studio - - 1 BR 594 56 33,266 2 BR - - 3 BR - - Total: 56 33,266 Residential Unit SF: 33,266 Common SF: 6,474 Circulation 8,306 Total Res SF: 48,046 Financial Assumptions: Acquisition- No acquisition costs are assumed in the project budget;the city's intention is to enter into a long-term ground lease with the housing developer Construction costs • Residential- $220 per sf, based on recent similar projects • Commercial- no commercial costs in budget, existing senior center stays in place Soft costs Basic assumptions from other similar projects: • Building permits 1% • System Development Charges 5% • Architecture 5% • Developer fee 18% (OHCS limit) • Other soft costs based on similar projects • Financing& Interest based on estimated loan amounts/sources Income & Expenes 56 1-BDRM units • 27 @ 50%AMI • 28 @ 60%AMI • 1 manager's unit Operating Expenses: $5,700 per unit per year including replacement reserves Wage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Funding Sources • 9%Tax credit equity pricing 92 cents • Permanent Loan- 20 year term/30 year amortization,6%interest • HOME funds from Washington County (or other sources) Conclusion-Concept B As shown in the chart below, based on the above assumptions,the total project costs for the new residential building would be approximately$16.4 million,which could be covered with 9% tax credit equity, a permanent loan, and HOME funds from Washington County and/or other gap funding sources available from the state. There would be no commercial costs in the Concept B scenario, because the existing senior center would remain in place. Although competitiveness for 9%tax credits has not been assessed at this early stage,Concept B appears feasible. Mage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Concept B: Preliminary Sources and Uses Capital Sources and Uses Sources Residential LIHTC Equity 12,930,161 Res Perm Mortgage-OAHTC - Res Perm Mortgage-NonOAHTC 2,455,806 Com Perm Mortgage - OHCS Weatherization - OHCS GHAP - HOME Loan 1,014,890 HTF - Capital Campaign - GP Equity/Sponsor Loan - Deferred Developer Fee - TOTAL SOURCES 16,400,857 Uses Residential Acquisition 0 Construction costs 10,753,672 Soft Costs 1,440,904 Predevelopment Loan Costs/Fees 5,000 Construction Loan Costs/Fees 287,730 Bridge Loan Fees 0 Permanent Loan Fees 12,500 Tax Credit Fees 152,878 Bond Issuance Fees 0 Interest 888,456 Development Contingency 94,951 Developer Fee 2,501,826 Reserves/Cash Accounts 262,943 TOTAL USES 16,400,857 surplus/(gap): - Metrics Residential Units 56 Cost per unit 292,872 Total Building sf 48,046 Cost per sf 341.36 Ratio psf buildings of Total 100.00% Developer Fee (Res per OHCS calcs) 18% Cash Developer Fee 18.0% 81Page Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report IV. Further Refinement and Assessment of Concept B In February 2019,the city of Tigard, Carleton Hart Architecture, and Housing Development Center presented Concepts A and B and the initial feasibility assessments to the Technical Advisory Committee for feedback. The Technical Advisory Committee concluded that the best course of action for the city would be to pursue Concept B, keeping the existing senior center in place and building a new residential building on the site for affordable housing. The Technical Advisory Committee also recommended further analysis on the following: • Increasing cost per square foot assumption by 8-10%to account for funding sources that may require prevailing wages • Adding additional cost for flood insurance • Assessing the feasibility of the project utilizing non-competitive 4%tax credits and new Metro bond funding • Assessing HOME funding regulations relating to distance to flood zones to see if project is eligible for funding • Assessing area demographics and need for very low-income senior housing The first three recommendations are addressed in the next section. In response to the last two concerns, Housing Development Center consulted with staff at the Washington County Department of Housing Services. Staff confirmed that in order to be eligible for HOME funding,the site cannot be located within a 100 year flood zone or a regulatory floodway. If it is within a 500 year flood zone,then it is still eligible for funding, but must have at least two egresses. Based on CHA's Site Analysis and the FEMA flood map,the site itself does not appear to be located within any flood zones. However, it should be noted that the latest concept has the potential to revise the existing trail and that revised trail area could fall into the flood area. It is not known at this time if this would impact the proposed project. In regards to demand for very low-income units for seniors,Washington County staff stated that as of March 2019,there are a total of 1,879 households waiting for voucher assistance in Washington County. Of those, 223 (or 12%)are "elderly" households,which is defined as a household with a head of household or spouse/spousal equivalent age 62+. In addition, based on census data for census tract 308.01 where the proposed site is located, approximately 30%of low-income renters are severely rent burdened, paying more than 50%of household income toward rent. Approximately 14%of the population in the census tract are age 65 or over. It is not known what percentage of severely rent burdened households are over age 65, but based on the waitlist demand, it can reasonably be assumed that sufficient demand exists for very low-income senior units. 91Page Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report A. Revised Concept B Preliminary 9%Feasibility In response to the TAC committee's feedback and recommendations on the conceptual budget, the following adjustments were made: • Construction costs increased to$240 per square foot to accommodate prevailing wages • $50,000 added to insurance line item for potential flood insurance In addition, in the revised model, 10%of the units were reduced to 30%AMI rents to increase the project's competitiveness for 9%credits and to position the project to take advantage of the new Housing Trust Fund dollars available from the state. The revised rent/affordability mix in the 9% model is: • 6 units at 30%AMI • 21 units at 50%AMI • 28 units at 60%AMI Conclusion- Revised Concept B: 9%Feasibility As shown in the sources and uses chart below,with the above cost adjustments the total project costs increase to approximately$18.2 million. Utilizing 9% low-income housing tax credits, a permanent loan,and a combination of HOME, Housing Trust Fund, and/or other GAP funding sources available from the state,the project is still feasible as a 9%tax credit project. 10IPage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Revised Concept B-9% Preliminary Sources and Uses Capital Sources and Uses Sources Residential LIHTC Equity 14,267,387 Res Perm Mortgage-OAHTC - Res Perm Mortgage-NonOAHTC 1,741,597 Corn Perm Mortgage - OHCS Weatherization - OHCS GHAP - HOME Loan 821,738 HTF 1,320,000 Capital Campaign - GP Equity/Sponsor Loan - Deferred Developer Fee - TOTAL SOURCES 18,150,722 Uses Residential Acquisition 0 Construction costs 12,180,654 Soft Costs 1,741,775 Predevelopment Loan Costs/Fees 5,000 Construction Loan Costs/Fees 293,897 Bridge Loan Fees 0 Permanent Loan Fees 12,500 Tax Credit Fees 174,690 Bond Issuance Fees 0 Interest 890,015 Development Contingency 111,393 Developer Fee 2,503,548 Reserves/Cash Accounts 237,251 TOTAL USES 18,150,722 surplus/(gap): Metrics Residential Units 56 Cost per unit 324,120 Total Building sf 48,046 Cost per sf 377.78 Ratio psf buildings of Total 100.00% Developer Fee 16% Cash Developer Fee 16.0% 11 I P a p. a Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report B. Revised Concept B: 4%Feasibility As requested by the Technical Advisory Committee, Housing Development Center tested the project's feasibility using non-competitive 4%low income housing tax credits and new Metro Bond funding. Financial Assumptions: Acquisition, Construction and Soft Costs The same basic cost assumptions as the 9% model were used; estimated bond issuance and related financing fees were added to the conceptual budget. Income& Expenses In this model,the number of 30%AMI units were increased to 17 (30%of total units) to make the project more competitive for bond funding, which will prioritize projects with 30%AMI units. In addition,this model assumes that Project Based Vouchers(PBV) are obtained for the 30%AMI units,with contract rents at$1,100 for the 17 units at 30%AMI. Washington County has committed to make 200 PBV available for projects applying for Metro Bond funding. 56 1-BDRM units • 17 @ 30%AMI with PBV rental subsidy • 38 @ 60%AMI • 1 manager's unit Operating Expenses: $5,700 per unit per year including replacement reserves Funding Sources • 4%Tax credit equity pricing 92 cents;April 2019 tax credit percentage of 3.27% • Metro Bond Funds-while the amount of subsidy per unit has not yet been finalized,the following estimated amounts were used based on information from Washington County: ➢ $125,000 per unit for 30%AMI units ➢ $100,000 per unit for 60%AMI units • 17 Project Based Vouchers (PBV)for the 30%AMI units;contract rent$1,100 • Permanent Loan-20 year term/30 year amortization, 6% interest • HOME funds from Washington County- increased to$2 million • GHAP funds from Oregon Housing and Community Services (OHCS)- approximately$1.3 million • GP Equity Contribution and Deferred Developer Fee of$1 million 12 [ Page Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Conclusion-Revised Concept B:4% Feasibility As shown in the chart below, with the above cost assumptions,total project costs are approximately$18.2 million. Utilizing 4%tax credit equity, Metro bond funds, a permanent loan leveraged in part by PBV subsidy income, HOME, and OHCS GHAP funds,the project has a gap of approximately$1 million which could be filled with a combination of deferred developer fee and an equity contribution by the sponsor/general partner,or by other available sources. While OHCS has stated a preference for large 4%projects for GHAP funding, it's uncertain as to whether this 56 unit project would be considered a large project for GHAP funding. If the project is not able to obtain sufficient GHAP funding from OHCS,other funding sources such as HUD 202 capital and rent assistance, and/or additional PBV subsidy, could be pursued to close the gap. Therefore,the project appears feasible utilizing 4% low income housing tax credits. 13IPage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Revised Concept B-4% Preliminary Sources and Uses Capital Sources and Uses Sources Residential LI HTC Equity 5,163,835 Res Perm Mortgage-OAHTC - Res Perm Mortgage-NonOAHTC 2,802,457 Corn Perm Mortgage - OHCS Weatherization - OHCS GHAP 1,288,000 HOME Loan 2,000,000 Metro Bond Loan 5,925,000 Capital Campaign - GP Equity 500,000 Deferred Developer Fee 500,000 TOTAL SOURCES 18,179,292 Uses Residential Acquisition 0 Construction costs 12,180,654 Soft Costs 1,741,775 Predevelopment Loan Costs/Fees 5,000 Construction Loan Costs/Fees 281,663 Bridge Loan Fees 0 Permanent Loan Fees 12,500 Tax Credit Fees 70,900 Bond Issuance Fees 215,000 Interest 783,307 Development Contingency 105,592 Developer Fee 2,507,489 Reserves/Cash Accounts 275,413 TOTAL USES 18,179,292 surplus/(gap): - Metrics Residential Units 56 Cost per unit 324,630 Total Building sf 48,046 Cost per sf 378.37 Ratio psf buildings of Total 100.00% Developer Fee (Res per OHCS calcs) 16% Cash Developer Fee 9.6% 14I1' af: e Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report V. Recommendations,Timeline and Areas for Further Assessment The proposed project(Concept B)appears to be feasible as utilizing either 9%or 4%low income housing tax credits and other available funding sources. Because 4%tax credits are non-competitive, Housing Development Center recommends pursuing the 4%financing scenario first, and only if unsuccessful, pursuing the 9%financing scenario as an alternate financing plan. The 4% low income housing tax credit program follows a rolling application cycle,with applicants submitting a 4%pre-application to Oregon Housing and Community Services (OHCS) at anytime throughout the year, once other funding commitments have been obtained. The following funding programs will be available and accepting applications in 2019: • HUD Section 202 Capital and Project Rental Assistance- this funding could be used to fill the gap in the 4%funding scenario in lieu of,or in combination with, HOME and OHCS GHAP funding. A Notice of Funding Availability was released this Spring and applications are due August 28, 2019. • HOME program funds and Project Based Vouchers(PBV)- Washington County will release a Notice of Funding Availability in August 2019,with applications due October 5, 2019. • Metro Bond Funding- Washington County anticipates releasing a Notice of Funding Availability in early 2020. Proposed Project Timeline In order to position the project to apply for the above funding opportunities,the critical path actions for the city are selecting a housing developer partner, re-zoning the site, and executing a site control agreement with the housing developer partner.The following proposed timeline would allow the project to take advantage of the upcoming funding opportunities. May 2019 City issues RFP for Housing Developer June 2019 • City selects Housing Developer • Wetlands delineation/report completed • CHA finalizes Concept B site plan July 2019 • City executes site control/option agreement with Housing Developer • Housing Developer obtains 3'party cost estimate on final Concept B plan and finalizes financing plan August 2019 • City completes re-zoning • Housing Developer submits HUD 202 application, if applicable October 2019 Housing Developer submits HOME and PBV funding applications January 2020 Metro Bond Funding NOFA to be released March 2020 Anticipated deadline for submission of Metro Bond Funding application by Housing Developer 15IPage Tigard Senior Center and Affordable Housing May 2019 Feasibility Assessment Report Areas for Further Assessment At this very early concept stage,there are still many unknown factors that may impact the project's feasibility until all due diligence is complete. The following issues require further assessment by the selected housing developer and design team: Flood hazard zones and impact to site layout and trail.* As mentioned previously in this report,the area to the north of the proposed site is a special flood hazard area. There are two special flood hazard areas immediately North of the site. One is a "REGULATORY FLOODWAY" (Zone AE)that FEMA has defined along Fanno Creek in this area. Elevation is approximately 148.5 feet. Additionally,there are areas along this floodway that are defined as "Without base flood elevation (BFE)that appear to encroach upon the current trail. The final Northern property line can be maintained "as-is", but Carleton Hart Architecture (CHA)does NOT recommend extending the proposed development beyond the extent of the current paving/developed area without proper surveys and precautions. i- Re-zoning of the site and allowable height and density.* Current concepts are based on the Development Standards associated with the MU-CBD designation listed in the Development Code. The Fanno/Burnham Sub-area (FB) dictates a maximum building height of 80'-0". NOTE; Any development within 200'-0" of the Fanno Creek Park Boundary OR within 50'-0"of low or medium density residential is limited to 45'-0" in height. A minimum density of 15 units/acre is required with a maximum allowed of 50 units/acre. Tigard staff is exploring development code provisions to allow a height bonus for affordable housing. Funding Availability and Competitiveness. The feasibility conclusions in this report are based on currently available funding sources for which the project appears to be eligible, but Housing Development Center did not perform a detailed analysis of all eligibility criteria or how the project would score for competitive funding sources. In addition,the state of Oregon is in the process of updating its Qualified Allocation Plan,which will likely involve changes to the criteria, scoring, and credit limits for the 9%and 4% low-income housing tax credit programs. The selected Housing Developer should evaluate eligibility and competitiveness for all funding programs in order to develop the project's final financing plan. *Information and recommendations provided by Carleton Hart Architecture 16IPage Exhibits A. Concept A Site Plan, Carleton Hart Architecture B. Concept B Site Plan, Carleton Hart Architecture C. Site Analysis,Carleton Hart Architecture ..'. 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Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 5 Minutes Agenda Title: TCDA Board Consideration of Amendment #8 to the City Center Urban Renewal Plan Prepared For: Sean Farrelly Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Resolution Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Board of the Town Center Development Agency is requested to consider a resolution amending the City Center Urban Renewal Plan to add the acquisition and disposition of two areas of land off Main Street to the list of urban renewal projects. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Board of the TCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY The proposed amendment would add an 11,928 square foot piece of land adjacent to 12562 SW Main Street (Trail Parcel) and an approximately 2,373 square foot strip of land adjacent to 9270 SW Maplewood Drive (Driveway Parcel) to the list of properties to be acquired under Project H: Real Property Acquisition and the list of properties to be disposed of under Project I: Real Property. The acquisitions would allow the development of the Fanno Creek Overlook project, a public space project that would provide better access to the natural and recreational resources of Fanno Creek and the trail, and serve as an attractive amenity for downtown visitors and residents. Both parcels will eventually be conveyed to the City of Tigard. When the Town Center Development Agency acquires or disposes of property, the applicable urban renewal plan needs to be amended. Section XII of the City Center Urban Renewal Plan establishes the procedures to amend the Plan. The proposed amendment is considered a Council-Approved Amendment. Council-Approved amendments require both the approval of the Agency and the City Council by separate resolutions. Section V of the City Center Urban Renewal Plan authorizes Real Property Acquisition and Real Property Disposition as projects. Under Project H, real property may be acquired as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII, paragraph B. Under Project I, real property may be disposed of as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII, paragraph B. OTHER ALTERNATIVES The Board of the TCDA could choose not to adopt the resolution to amend the plan, which would delay the Fanno Creek Overlook project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment: (includes Fanno Creek Overlook) City Center Urban Renewal Plan Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. Tigard Comprehensive Plan Special Planning Areas- Downtown Goal 15.3 Develop and improve the open space system and integrate natural features into downtown. DATES OF PREVIOUS CONSIDERATION March 1, 2016: Fanno Creek Overlook Update May 16, 2017: Downtown Public Space Discussion Attachments TCDA Resolution Exhibit A CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 19- A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE ACQUISITION AND DISPOSITION OF TWO PIECES OF LAND IN THE VICINITY OF MAIN STREET (TRAIL PARCEL AND DRIVEWAY PARCEL) WHEREAS,ORS 457. 170 authorizes the Town Center Development Agency ("TCDA" or "Agency") to acquire or dispose of real property pursuant to its approved urban renewal plan;and WHEREAS,the City Center Urban Renewal Plan ("Plan") authorizes the acquisition or disposition of real property within the Urban Renewal Area as determined by the Agency to be necessary to further the goals and objectives of the City Center Renewal Plan,as provided in Section VIII, paragraphs A and B;and WHEREAS, the Agency will acquire two areas of land,the Trail Parcel and the Driveway Parcel, to convey to the City of Tigard to develop a public space adjacent to Fanno Creek downtown; and WHEREAS, the Plan must be amended to add the acquisition of these properties to the list of urban renewal projects; and WHEREAS, the Plan must be amended to add the disposition of these properties to the list of urban renewal projects;and WHEREAS,adding projects that cost more than$500,000 in 2005 dollars and are materially different from projects previously authorized in the Plan may be approved through a Council- approved amendment;and WHEREAS,the Tigard City Council will also consider approval of the amendment by resolution. NOW,THEREFORE,BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The City Center Urban Renewal Plan is hereby amended with the language found in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of ,2019. TCDA Resolution No. 19- Page 1 Chair—City of Tigard Town Center Development Agency A 11 hST: Deputy Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 19- Page 2 Proposed Amendment#8 to City Center Urban Renewal Plan EXHIBIT A Proposed new text is shown in double-underline V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan,which may be undertaken by the Agency,are described below and shown in Figures 2 to 7.To preserve and enhance the Area's natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further,some of the projects described herein will require participation of other public agencies. In addition, real property acquisition and disposition are Projects under the plan as described in Section V, paragraphs H and 1. H. Real Property Acquisition. In addition to acquisition of real property, or any interest in real property,in conjunction with the Projects identified in paragraphs A through G.,real property may be acquired as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII,paragraph A. This includes acquisition of real property from willing sellers to support development or redevelopment of retail, office, housing and mixed use project within the Area. 1. Burnham Street Property,Taxlot ID 2S12AC-00202 2.Burnham and Ash Avenue Properties,Taxlots 2S102AD-02800,2S102AD-02900,and 2S 102AD-03000 3. Taxlots 2S102AB02000 and 2S102AB02100, Main Street "Saxony Properties" 4. An area of land adjacent to 12562 SW Main Street (Trail parcel) 5.A strip of land adjacent to 9270 SW Maplewood Drive (Driveway parcel) I.Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value,whether expressed in terms of rental or capital price,at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office, housing and mixed use projects within the Area. Proposed Amendment#8 to City Center Urban Renewal Plan 1. Taxlots 2S102AD02800, 2S102AD02900, and 2S102AD03000;Burnham and Ash Avenue Properties 2. Taxlots 2S102AB02000 and 2S102AB02100,Main Street" Saxony Properties" 4. An area of land adjacent to 12562 SW Main Street (Trail parcel) ri. • d • .•. n o9 1 ' Wee . • . ! e Old - a_. . -1 AIS-3713 8. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 5 Minutes Agenda Title: Council Consideration of Amendment#8 to the City Center Urban Renewal Plan Prepared For: Sean Farrelly, Community Development Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE The City Council is requested to consider a resolution to amend the City Center Urban Renewal Plan to add the acquisition and disposition of two pieces of land off Main Street to the list of urban renewal projects. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the City Council approve the resolution. KEY FACTS AND INFORMATION SUMMARY The proposed amendment would add an 11,928 square foot piece of land adjacent to 12562 SW Main Street (Trail Parcel) and an approximately 2,373 square foot strip of land adjacent to 9270 SW Maplewood Drive (Driveway Parcel) to the list of properties to be acquired under Project H: Real Property Acquisition and the list of properties to be disposed of under Project I: Real Property. The acquisitions would allow the development of the Fanno Creek Overlook project, a public space project that would provide better access to the natural and recreational resources of Fanno Creek and the trail, and serve as an attractive amenity for downtown visitors and residents. Both parcels will eventually be conveyed to the City of Tigard. When the Town Center Development Agency acquires or disposes of property, the applicable urban renewal plan needs to be amended. Section XII of the City Center Urban Renewal Plan establishes the procedures to amend the Plan. The proposed amendment is considered a Council-Approved Amendment. Council-Approved amendments require both the approval of the Agency and the City Council by separate resolutions. Section V of the City Center Urban Renewal Plan authorizes Real Property Acquisition and Real Property Disposition as projects. Under Project H, real property may be acquired as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII, paragraph B. Under Project I, real property may be disposed of as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII, paragraph B. OTHER ALTERNATIVES The City Council could choose not to adopt the resolution to amend the plan, which would delay the Fanno Creek Overlook project. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment: (includes Fanno Creek Overlook) City Center Urban Renewal Plan Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. Tigard Comprehensive Plan Special Planning Areas- Downtown Goal 15.3 Develop and improve the open space system and integrate natural features into downtown. DATES OF PREVIOUS COUNCIL CONSIDERATION March 1, 2016: Fanno Creek Overlook Update May 16, 2017: Downtown Public Space Discussion Attachments Council Resolution Exhibit A } CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION AMENDING THE CITY CENTER URBAN RENEWAL PLAN BY ADDING THE ACQUISITION AND DISPOSITION OF TWO PIECES OF LAND IN THE VICINITY OF MAIN STREET (TRAIL PARCEL AND DRIVEWAY PARCEL) WHEREAS,ORS 457. 170 authorizes the Town Center Development Agency ("TCDA" or"Agency") to acquire or dispose of real property pursuant to its approved urban renewal plan;and WHEREAS,the City Center Urban Renewal Plan ("Plan") authorizes the acquisition or disposition of real property within the Urban Renewal Area,as determined by the Agency,to be necessary to further the goals and objectives of the City Center Renewal Plan,as provided in Section VIII,paragraphs A and B;and WHEREAS, the Agency will acquire two areas of land,the Trail Parcel and the Driveway Parcel,to convey to the City of Tigard to develop a public space adjacent to Fanno Creek downtown;and WHEREAS,the Plan must be amended to add the acquisition of these properties to the list of urban renewal projects;and WHEREAS,the Plan must be amended to add the disposition of these properties to the list of urban renewal projects;and WHEREAS,adding projects that cost more than$500,000 in 2005 dollars and are materially different from projects previously authorized in the Plan may be approved through a Council-approved amendment;and WHEREAS,the Agency will also consider approval of the amendment by resolution. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Center Urban Renewal Plan is hereby amended with the language found in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 Proposed Amendment#8 to City Center Urban Renewal Plan EXHIBIT A Proposed new text is shown in double-underline V. URBAN RENEWAL PROJECTS Urban renewal projects authorized under the Plan,which may be undertaken by the Agency,are described below and shown in Figures 2 to 7.To preserve and enhance the Area' s natural resources, projects will be designed and implemented with consideration for ecologically sensitive areas and to minimize the impacts of development on the environment. Property acquisition may be required for these projects. Further, some of the projects described herein will require participation of other public agencies. In addition, real property acquisition and disposition are Projects under the plan as described in Section V, paragraphs H and I. H. Real Property Acquisition. In addition to acquisition of real property, or any interest in real property,in conjunction with the Projects identified in paragraphs A through G.,real property may be acquired as determined by the Agency to be necessary to further the Goals and Objectives of the City Center Renewal Plan and as provided in Section VIII,paragraph A. This includes acquisition of real property from willing sellers to support development or redevelopment of retail, office,housing and mixed use project within the Area. 1. Burnham Street Property,Taxlot ID 2S12AC-00202 2.Burnham and Ash Avenue Properties,Taxlots 2S102AD-02800, 2S102AD-02900,and 2S102AD-03000 3. Taxlots 2S102AB02000 and 2S102AB02100, Main Street"Saxony Properties" 4. An area of land adjacent to 12562 SW Main Street (Trail parcel 5.A strip of land adjacent to 9270 SW Maplewood Drive (Driveway parcel) I. Land Disposition The Agency may dispose of property acquired under the Plan by conveying any interest in property acquired pursuant to Subsection VIII A. Property shall be conveyed at its fair reuse value. Fair reuse value is the value,whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed,redeveloped,cleared, conserved or rehabilitated for the purposes specified in such plan. Because fair reuse value reflects limitations on use of the property to those purposes specified in the Plan, the value may be lower than the property's fair market value. Property disposition may be required to support development of retail, office,housing and mixed use projects within the Area. Proposed Amendment#8 to City Center Urban Renewal Plan 1.Taxlots 2S102AD02800,2S102AD02900,and 2S102AD03000;Burnham and Ash Avenue Properties 2.Taxlots 2S102AB02000 and 2S102AB02100,Main Street" Saxony Properties" 4. An area of land adjacent to 12562 SW Main Street (Trail parcel) 5. strip of land adjacent to 9270 SW Maplewood Drive (Driveway parcel) AIS-3834 9. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 10 Minutes Agenda Title: Authorize the Executive Director of the TCDA to Complete the Property Acquisition of a strip of land adjacent to 9270 SW Maplewood Drive Prepared For: Sean Farrelly Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Resolution Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Board of the Town Center Development Agency is requested to consider a resolution approving the purchase of the property adjacent to 9270 SW Maplewood Drive as outlined in the purchase and sale agreement and authorizing the Executive Director of the TCDA to take all necessary actions to complete the property purchase on behalf of the agency. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Board of the TCDA approve the resolution. KEY FACTS AND INFORMATION SUMMARY Section VIII of the City Center Urban Renewal Plan authorizes property acquisition from willing sellers within the urban renewal district to complete public improvements. The Fanno Creek Overlook project will provide public space along Fanno Creek along what is currently the egress driveway for the Fanno Creek Brewpub and neighboring commercial building. The public space would provide an overlook to the creek and resting place on the trail, and serve as an attractive amenity for downtown visitors and residents. This project would require a reconfiguration of the circulation for these buildings. To accomplish this, 2,373 square feet strip of land must be acquired from the neighboring Main Street Village Apartments property to allow for two-way access to the shared rear parking lot. The Agency will fund the construction of the overlook, as well as the driveway expansion. Over two years, staff negotiated a purchase and sale agreement (PSA) with the owners of the Main Street Village Apartments. The terms of the PSA are as follows: •$63,311.64 for the land ($26.68 per square foot) •Up to $35,750 for a new ALTA survey for the property • $25,000 for mitigating Main Street Village's landscaping (several screening bushes and trees will need to be removed) •Reimbursement for reasonable attorney fees for the seller (capped at $27,000.) •Closing will occur 180 days from the effective date of the PSA,with two 30-day extensions (for $500 each) available if needed The Board of the TCDA is requested to approve the resolution authorizing the Executive Director of the TCDA to sign the PSA. The acquisition of the property also requires a Council-approved amendment to the City Center Urban Renewal Plan to add Property Acquisition and Property Disposition to the list of approved projects and specifically adding the acquisition of this property as a project. The amendment will be considered by the City Council and Board of the TCDA in separate resolutions. The negotiations with the owners of the Brewpub property are nearing conclusion and an agreement to acquire an easement for the land along Fanno Creek is expected in early June. This will be brought to the TCDA Board for consideration. Design and engineering of the Fanno Creek Overlook and the driveway expansion are planned to start this summer. OTHER ALTERNATIVES The Board of the TCDA could choose not to adopt the resolution, which would delay the Fanno Creek Overlook project. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment: (includes Fanno Creek Overlook) City Center Urban Renewal Plan Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. Tigard Comprehensive Plan Special Planning Areas- Downtown Goal 15.3 Develop and improve the open space system and integrate natural features into downtown. DATES OF PREVIOUS CONSIDERATION December 4, 2018: Executive Session May 16, 2017: Downtown Public Space Discussion March 1, 2016: Fanno Creek Overlook Update Fiscal Impact Cost: $151,061.64 (up to) Budgeted (yes or no): yes Where Budgeted (department/program):TCDA Additional Fiscal Notes: The acquisition of this property is included in the TCDA budget request for FY 19-20. The acquisition will not take place until the start of the new fiscal year. Attachments TCDA Resolution Purchase&Sale Agreement(Exhibit A) CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 19- A RESOLUTION APPROVING THE PURCHASE OF A STRIP OF LAND ADJACENT TO 9270 SW MAPLEWOOD DRIVE AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO TAKE ALL NECESSARY ACTIONS TO COMPLETE THE PROPERTY PURCHASE ON BEHALF OF THE AGENCY WHEREAS,Section VIII of the City Center Urban Renewal Plan authorizes property acquisition from willing sellers within the urban renewal district to complete public improvements;and WHEREAS, the construction of the Fanno Creek Overlook would require a reconfiguration of the driveway circulation for the neighboring buildings;and WHEREAS,the acquisition of a 2,373 square foot strip of land adjacent to 9270 SW Maplewood Drive is needed to replace the driveway that will be acquired to build the Fanno Creek Overlook; and WHEREAS,the City Center Urban Renewal Plan has been amended to include the property acquisition as a project;and WHEREAS,the agency and the property owner have reached agreement on the purchase and sale of the property. NOW,THEREFORE,BE IT RESOLVED,by the Tigard Town Center Development Agency that: SECTION 1: The Board of Town Center Development Agency agrees to the terms of the Purchase and Sale Agreement,in substantially the form attached as Exhibit A. SECTION 2: The Board of Town Center Development Agency authorizes the Executive Director of the TCDA to take all necessary actions to complete purchase of the strip of land property adjacent 9270 SW Maplewood Drive on behalf of the agency.This includes,but is not limited to,execution of the Purchase and Sale Agreement and Temporary Construction Easement,and closing documents. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of ,2019. TCDA Resolution No. 19- Page 1 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 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement("Agreement")is made and entered into by and between Highlands Associates, Ltd., a California limited partnership (undivided 35%),Casa La Veta Associates,LP, a California limited partnership (undivided 48.5%), Charles Dean John and Marjorie Ann John, as Trustee of the John Family Trust under Declaration of Trust dated December 31, 1989, as amended(undivided 4.125%),Darius Irani, as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%), Janette Fulton Doty,Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust, under Declaration dated July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser, Trustee of the Hauser Family Living Trust, dated January 10, 2007, as amended (undivided 4.125%), all as tenants in common(collectively "Seller"), and Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency("Buyer"). This Agreement is effective as of the date it is fully executed by Seller and Buyer(the "Effective Date"). RECITALS A. Seller is the owner of real property located in the city of Tigard, county of Washington, state of Oregon, at 9270 SW Maplewood Drive,as more fully described on the attached Exhibit A(the "Apartment Property"). Buyer desires to purchase a strip of land within the Apartment Property containing approximately 2,373 square feet as more fully described on the attached Exhibit B (the "Property") from Seller, and Seller desires to sell the Property together with all rights,privileges, easements, tenements, hereditaments, rights of way and appurtenances that belong or appertain to the Property and are owned by Seller to Buyer,upon the terms and conditions hereinafter set forth. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are all hereby acknowledged by each of the parties hereto, the parties agree as follows: 1. DEFINITIONS. For the purposes of this Agreement the following terms,which are not otherwise defined in this Agreement,will be defined as follows: (a) "Close" and "Closing" means the date the Deed is recorded in the official records of Washington County, Oregon. The Closing of the transaction contemplated under this Agreement, is to be before or on the date that is 180 days from the Effective Date of this Agreement, unless extended as follows: (1) Upon at least three (3)business days'prior written notice to Seller, and upon payment of$500, Buyer may extend the Closing Date an additional 30 days. Such$500 payment shall be made to Seller directly by Buyer. If Buyer extends the Closing Date under this Section, such $500 payment shall not be deducted from the Purchase Price and shall be non- refundable to Buyer in the event the parties do not Close the transaction contemplated by this Agreement. 1 4825-6317-5034.3 (2) Upon at least three (3)business days' prior written notice to Seller, and upon payment of$500, Buyer may extend the Closing Date a second time for an additional 30 days after the first extension. Such$500 payment shall be made to Seller directly by Buyer. If Buyer extends the Closing Date under this Section, such $500 payment shall not be deducted from the Purchase Price and shall be non-refundable to Buyer in the event the parties do not Close the transaction contemplated by this Agreement. (3) By written consent signed by both Buyer and Seller. (b) "Title Company" means WFG National Title Insurance Company,Attn: Trevor Cheyne, 25 N.W. 23rd Place, Suite 1, Portland, Oregon 97210. (c) "Title Report" means a written report from the Title Company indicating the status of title to the Property, together with legible copies of all recorded documents referred to therein relating to or affecting title to the Property. 2. PURCHASE AND SALE. Seller hereby agrees to sell,and Buyer hereby agrees to purchase fee title to the Property for the consideration and subject to the terms, provisions, and conditions set forth in this Agreement. 3. OPENING OF ESCROW. For the purposes of this Agreement, the escrow will be deemed opened on the Effective Date. Buyer shall open escrow and pay all escrow costs as more fully described herein. 4. PURCHASE PRICE. The aggregate purchase price for the Property(the "Purchase Price") shall be $63,311.64. The Purchase Price shall be due and payable at Closing, by depositing with Title Company, subject to any credits, prorations and adjustments provided hereby, immediately available funds. 5. PROPERTY CONDITIONS. Buyer's obligation to purchase the Property is contingent upon the conditions set forth in this Section 5 (the "Property Conditions")being waived or satisfied on or before the dates provided for below. Buyer may terminate this Agreement at any time prior to the dates provided in this Section 5 by providing Seller with written notice that Buyer has determined, in Buyer's sole and absolute discretion, that any of the Property Conditions will not be satisfied by the date provided for herein for the satisfaction of such Property Conditions. Whether or not specifically stated in any of the following subsections, in the event of such determination and notice,neither party shall have any further rights or obligations hereunder other than any rights or obligations that specifically survive termination of this Agreement. The conditions provided for in this Section 5 shall be deemed satisfied unless Buyer,by the date by which the particular condition is required to be satisfied,notifies Seller in writing that such condition has not been satisfied or waived. (a) Title. Not later than five days after both parties sign this Agreement, Buyer shall order and instruct Title Company to deliver to Buyer(with a copy to Seller)a Title Report on the Property. Buyer shall have 15 days after receipt of the Title Report and legible copies of all exception documents referenced therein within which to give notice in writing to Seller of any objection to such title or to any liens, encumbrances, encroachments, or other matters affecting 2 4825-6317-5034.3 the Property as disclosed in the Title Report. If Buyer fails to raise any such objection within such 15-day period,then, except as set forth below, all conditions and exceptions to title set forth in such Title Report shall be"Permitted Exceptions." If Buyer objects to an exception to the Title Report, Seller shall be obligated to notify Buyer within 15 days after notice of such objection whether Seller is willing and able to remove such exception or remedy such condition. If Seller is willing and able to remove such exception or remedy such condition, Seller shall do so at or prior to Closing. If Seller is not willing and able to remove the objected-to exception or remedy the objected-to condition, Buyer,by written notice to Seller within ten days after notice of Seller's unwillingness or inability to remove such exception or remedy such condition,may terminate this Agreement or Buyer may elect to acquire the Property subject to such exception or condition,provided,however, Seller shall have no right to refuse to correct any title objection or to remove any title objection that is a lien securing the payment of money or to remove any title objection which may be cured through the issuance by the Title Company of an endorsement to the Title Policy. All exceptions described in the Title Report and not removed or agreed to be removed pursuant to this Section 5(a) shall be deemed "Permitted Exceptions." 6. ALTA SURVEY COST. Buyer shall pay the actual cost of the ALTA/NSPS Land Title Survey required by Seller's lender in connection with this Agreement,up to,but not exceeding$35,750 (the "ALTA Survey Cost"). Buyer shall deposit$35,750 into escrow at Closing. Escrow shall remain open for a period of 90 days after Closing to allow Seller or Seller's lender to obtain the ALTA Survey. Seller shall submit all purchase orders,invoices, and related documents to Title Company within 80 days of Closing. Upon its receipt of such purchase orders, invoices, and related documents and notice to the parties, Title Company shall disburse the actual ALTA Survey Cost, up to, but not exceeding $35,750 to Seller. Any funds remaining in escrow after Title Company's payment of the actual ALTA Survey Cost shall be returned to Buyer, at which time escrow shall be closed. 7. LANDSCAPE MITIGATION. Buyer shall pay to Seller$25,000 for Seller's use in mitigating Seller's landscaping upon the remaining portion of the Apartment Property(the "Landscape Mitigation Costs"), which may be affected by Buyer's use of the Property after Closing. The Landscape Mitigation Costs shall be due and payable at Closing by depositing with Title Company, subject to any credits, prorations and adjustments provided hereby, immediately available funds. 8. SELLER'S ATTORNEY FEES. Buyer shall pay Seller's reasonable attorney fees in connection with the transaction contemplated by this Agreement provided by Mr. Charles F. Hudson, Lane Powell, in an amount not to exceed$27,000 ("Seller's Attorney Fees"), due and payable at Closing, by depositing with Title Company, subject to any credits, prorations and adjustments provided hereby, immediately available funds. 9. TEMPORARY CONSTRUCTION EASEMENT. Seller shall provide to Buyer, at no cost, a temporary construction casement in a form substantially similar to the form attached hereto as Exhibit C, effective for a period of 18 months, subject to further restrictions contained therein, extending from the date of Closing. 3 4825-6317-5034.3 10. BUYER'S CONDITIONS PRECEDENT. Buyer shall have no duty to Close this transaction unless and until each and every one of the following conditions precedent have been fully and completely satisfied: (a) Performance of Obligations. Seller shall have substantially performed or tendered substantial performance of each and every one of its obligations hereunder which by its terms is capable of performance before Closing; (b) Delivery of Closing Documents. Seller shall have tendered delivery to Buyer of all the documents required to be delivered to Buyer by Seller at Closing; and (c) Title Insurance. The Title Company shall be prepared to issue to Buyer its owner's policy of title insurance in the amount of the Purchase Price insuring title to the Property in Buyer subject only to Permitted Exceptions that affect the Property(the "Title Policy"). 11. SELLER'S CONDITIONS PRECEDENT. Seller shall have no duty to Close this transaction unless and until each and every one of the following conditions precedent have been fully and completely satisfied: (a) Performance of Obligations. Buyer shall have substantially performed or tendered substantial performance of each and every one of its obligations hereunder which by its terms is capable of performance before Closing; (b) Delivery of Closing Documents. Buyer shall have tendered delivery to Seller of the Purchase Price and all the documents required to be delivered to Seller by Buyer at Closing pursuant to this Agreement; and 12. CLOSING. Subject to the satisfaction or waiver of the conditions to Closing set forth in Sections 10 and 11, Closing shall take place as set forth in Section(1)(a)of this Agreement. Buyer shall give Seller 30 business days'prior written notice of the Closing Date. (a) Time and Place. Closing shall occur at the office of Title Company. All documents and instruments required for Closing shall be delivered to Title Company at least one day prior to the Closing Date. Funds required for Closing shall be delivered to Title Company by 10:00 a.m. on the morning of the Closing Date. Each party agrees to execute and deliver to Title Company closing escrow instructions to implement and coordinate the Closing as set forth in this Agreement. If such Closing does not occur as provided in this Section 12, a new Closing Date may be set if, and only if, mutually agreed upon in a writing signed by both parties. (b) Adjustments. Buyer shall pay for the standard coverage title insurance policy, all escrow fees and costs, any recording fees required to deliver the Property free and clear of any encumbrances other than the Permitted Exceptions, and any applicable sales taxes or real estate transfer taxes. Buyer will also pay to Seller a proportionate,prorated share of the real property taxes and assessments assessed to Seller on the Apartment Property as follows: with respect to the tax year in which Closing occurs, if the Property and the Apar Intent Property are assessed in a single tax parcel, the taxes shall be allocated based on the relative square footage between the Property and the remaining land from the Apartment Property covered by the tax statement, based solely on the value of the land, and not on any improvements located on the Apartment 4 4825-6317-5034.3 Property. So adjusted, Buyer will pay its proportionate share,prorated as of the Closing Date. If the tax statement covering the tax year in which Closing occurs is not available at the time of Closing,Buyer will pay to Seller a proportionate prorated share calculated as previously described in this Section, based on one-hundred-and-three percent of the value of only the land without improvements appearing in the tax statement for the tax year preceding the year of Closing. Buyer and Seller shall each pay their own legal and professional fees of other consultants incurred by Buyer and Seller,respectively, except as otherwise provided by Section 8 of this Agreement. All other costs and expenses, not specifically addressed in this Section 12(b), shall be paid by Buyer. At Closing,Buyer shall contribute any funds necessary to pay its share of adjustments. 13. ITEMS TO BE DELIVERED AT CLOSING BY SELLER. At Closing, Seller shall deliver to Title Company the following: (a) Deed. A Dedication Deed executed by Seller conveying the Property to Buyer, in the form attached as Exhibit D, subject only to the Permitted Exceptions (the "Deed"); (b) Temporary Construction Easement. The Temporary Construction Easement, in the form attached as Exhibit C, as further described in Section 9; (c) FIRPTA. The Nonforeign Status Certificate for each entity comprising Seller, as defined in Section 15(a)below; (d) Memorandum of Purchase and Sale Agreement. The Memorandum of Purchase and Sale Agreement,in the form attached as Exhibit E to be recorded by Buyer in the real property records of Washington County, Oregon; (e) Possession. Possession of the Property; and (f) Other Closing Documents. Any other documents as the Title Company may reasonably require, or Buyer and Seller may reasonably agree are required, to Close the transaction, including but not limited to any document reasonably required by the Title Company in connection with the issuance of the Title Policy. 14. ITEMS TO BE DELIVERED AT CLOSING BY BUYER. At the Closing, Buyer shall deliver to Title Company the following: (a) Closing Cash. The sum of(i)the Purchase Price in the amount of$63,311.64, (ii) $35,750 to be held in escrow for payment of the actual ALTA Survey Cost, as described in Section 6, (iii) the Landscape Mitigation Cost in the amount of$25,000 as described in Section 7, (iv) Seller's Attorney Fees in an amount not to exceed$27,000, as described in Section 8, (v) Buyer's closing costs as provided for in Sections 12(b) above, and(vi) any other amounts due Seller by Buyer under this Agreement; (b) Other Closing Documents. Any other documents as Title Company may reasonably require, or Buyer and Seller may reasonably agree are required, to close the transaction, including but not limited to any document reasonably required by the Title Company in connection with the issuance of the Title Policy. 5 4825-6317-5034,3 15. SELLER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS. Seller hereby represents and warrants and covenants to Buyer as follows: (a) Foreign Status. Each and every entity comprising Seller represents and warrants that it is not a foreign person, foreign partnership, foreign corporation,or foreign trust,as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended,and will deliver to Buyer an officers'certificate to such effect at or prior to Closing(the "Nonforeign Status Certificate"). 16. BUYER'S REPRESENTATIONS, WARRANTIES, AND COVENANTS. Buyer hereby represents, warrants, and covenants to Seller as follows: (a) Status. Buyer is duly organized and validly existing under the laws of the state of Oregon as an Oregon municipal corporation as of the Closing Date. (b) Authority. Buyer has full power and authority to execute and perform this Agreement and all action necessary to confirm such authority has been duly and lawfully taken. Upon execution hereof,this Agreement shall constitute a valid, legally binding, and enforceable obligation of Buyer except as such enforceability may be limited by law and general principles of equity. Neither the execution nor performance of this Agreement will violate the terms or any provision of Buyer's organizational documents, or any note, loan agreement, commitment agreement, lease, or other material contract or agreement to which Buyer is a party. (c) Necessary Action. Buyer has duly and properly taken or obtained or caused to be taken or obtained, or prior to Closing will have duly and properly taken or obtained or caused to be taken or obtained, all action necessary for Buyer(i)to enter into and to deliver this Agreement and any and all documents and agreements executed by Buyer in connection herewith or in furtherance hereof and(ii)to carry out the terms hereof and thereof and the transaction contemplated herein and therein. No other action by or on behalf of Buyer is or will be necessary to authorize the execution, delivery and performance of this Agreement and any documents and agreements executed by Buyer in connection herewith or the transactions contemplated herein. (d) Other Representations, Warranties, and Covenants. (i) Buyer represents,warrants, and covenants that the Closing shall constitute Buyer's acknowledgement that prior to Closing(1)Buyer has examined the Property and become familiar with the physical condition thereof and has conducted such investigations of the affairs of the Property as Buyer considers appropriate (2)except for those representations made in Section 15 above,neither Seller nor any of its officers, employees, agents, or attorneys has made any verbal or written representations, warranties,promises, or guaranties whatsoever to Buyer (express or implied) and, in particular,no such representations,warranties,promises, or guaranties have been made with respect to (A) the physical condition(including,without limitation, the environmental condition),use, or operation of the Property, (B) the actual or projected revenue and expenses of the Property, (C)the zoning and other laws, regulations, and rules applicable to the Property or the compliance of the Property therewith(including,without limitation, compliance with any applicable environmental or hazardous substance laws), (D)the 6 4825-6317-5034.3 quantity, quality, or condition of any buildings, facilities, structures, and other improvements thereon, (E) the quality or condition of any soil or ground cover thereon, (F) the terms, conditions, rights, obligations,revenue, expense, or expiration of any agreement or contract affecting or pertaining to the Property, (G)the quality, quantity,or condition of any articles of personal property and fixtures on the Property, (H) the use or occupancy of the Property or any part thereof; or(I) any other matter or thing affecting or related to the Property; and(3)Buyer has entered into this Agreement after having made and relied solely on its own independent investigation,inspection, analysis, appraisal, examination, and evaluation of the facts and circumstances. Without limiting the foregoing, Buyer takes the Property in the condition, known or unknown, existing at Closing, "AS IS." (ii) The Closing shall constitute Buyer's acknowledgement that Buyer waives Buyer's right to recover from Seller, Seller's affiliates and subsidiaries,and their respective shareholders,directors, officers, participants, employees, consultants, and agents, any and all damages, losses, liabilities, costs, or expenses whatsoever, and claims therefor,whether direct or indirect, known or unknown, or foreseen or unforeseen,which may arise from or be related to any of the following except to the extent the condition violates an express representation of Seller(subject to any limitations)under Section 15 above, (1)the physical condition of the Property, (2) the Property's compliance or lack of compliance with any federal, state, or local laws or regulations applicable thereto (including,without limitation, any applicable environmental or hazardous substance law), and all regulations, rulings, and orders promulgated or adopted pursuant thereto, and(3) any matter or thing(A) disclosed to or discovered by Buyer in any materials or information provided to Buyer or made available to Buyer for its inspection and/or(B) actually discovered by Buyer in connection with this transaction. (iii) In this regard and to the extent permitted by law, Buyer hereby agrees, represents, and warrants that Buyer realizes and acknowledges the existence of factual matters now unknown to Buyer that may hereafter give rise to causes of action,claims, demands, debts, controversies, damages, costs, losses, and expenses which are presently unknown,unanticipated, and unsuspected,and Buyer further agrees,represents,and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release, discharge, and acquit Seller from any such unknown causes of action, claims, demands, debts,controversies, damages, costs, losses, and expenses which might in any way be incurred, as a material portion of the consideration given to Seller by Buyer in exchange for Seller's performance hereunder. (iv) The provisions of this Section 16(d)shall survive the Closing hereunder. (e) Representations True at Closing. The representations and warranties contained in this Section 16 shall be true in all material respects as of the Closing Date as though made on and as of the Closing Date. 17. BREACH/DEFAULT (a) Default by Seller. In the event the Closing Date and the consummation of the transaction herein contemplated do not occur by reason of any default by Seller, Buyer may (a) institute an action for specific performance of this Agreement for the conveyance of the 7 4825-6317-5034.3 Property to Buyer, or(b)terminate this Agreement and receive all of Buyer's out-of-pocket costs reasonably incurred in connection with the transaction,not to exceed$2,500. In the event that Buyer elects to terminate this Agreement due to a default by Seller rather than sue for specific performance,neither party shall have any further rights or obligations under this Agreement, each to the other, except for such rights and obligations as may specifically survive the termination of this Agreement and the right of Buyer to collect from Seller the amounts set forth in this Section 17(a). Buyer shall not be entitled to lost profits or consequential, exemplary, or punitive damages in the event of a breach of this Agreement by Seller. Buyer waives all claims for damages except as expressly set forth above. (b) Default by Buyer. Upon default by Buyer,this Agreement shall be terminated and neither party shall have any further rights or obligations under it, each to the other, except for such rights and obligations as may specifically survive the termination of this Agreement. If this transaction fails to Close on account of a default by Buyer under this Agreement,Buyer shall pay as liquidated damages Seller's Attorney Fees, as described in Section 8 of this Agreement, as Seller's sole remedy for the default. This amount has been agreed by the parties to be reasonable compensation and the exclusive remedy for Purchaser's default, since the precise amount of damages would be difficult to determine. Buyer will be responsible to Seller for any damage that Buyer or Buyer's agents and contractors may cause to the Property before Closing. (c) No Breach. In the event the Closing Date and the consummation of the transaction herein contemplated do not occur through no default by either party,then either party may upon five business days'notice to the other party, terminate this Agreement. In this case, neither party will have any further obligations under this Agreement, except as specifically survive termination of this Agreement. 18. RISK OF LOSS. Seller shall deliver the Property to Buyer at Closing in substantially similar condition existing as of the Effective Date,except as otherwise provided in this Agreement. Risk of loss of, or damage to,the Property shall be borne by Seller until the date of title transfer. Thereafter, Buyer shall bear the risk of loss. Except for loss or damage caused by Buyer,in the event of loss or damage to the Property, or a portion thereof,prior to the date upon which Buyer assumes the risk, Buyer may terminate this Agreement; provided,however, that Buyer shall not terminate this Agreement if(a) Seller agrees in writing to restore the Property substantially to the condition required by this Agreement by the date of title transfer, (b)Buyer reasonably determines that any such loss or damage will not adversely affect its proposed development of the Property and Seller agrees to accept a pro-rata reduction of the Purchase Price for the area of the Property lost, or(c)Buyer elects to have any insurance proceeds or condemnation award which are due and owing to Seller as a result of the damage or loss,assigned to Buyer, in which case the Purchase Price will be reduced only to the extent of any deductible. Notwithstanding the forgoing, in no event shall Seller be obligated to restore, or Buyer be entitled to (a) a pro-rata reduction in the Purchase Price,or(b)terminate this Agreement should the event of loss or damage be limited to improvements that will be demolished. 8 4825-6317-5034.3 19. MISCELLANEOUS. (a) Further Assurances. Each party shall, at any time after Closing, execute and deliver to the other party all such additional instruments of conveyance and assignments, certificates, or similar documents as such other party may reasonably request. (b) No Other Agreements. This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter. All prior and contemporaneous negotiations,proposals, and agreements between the parties including but not limited to those set forth in the letter from counsel for Buyer, Kelly S. Hossaini, Miller Nash Graham &Dunn LLP, to counsel for Seller, Charles F. Hudson, Lane Powell PC, dated as of September 20,2018 are included in this Agreement. Any changes to this Agreement must be agreed to in writing by both parties. (c) Waiver. Either party may waive the performance of any obligation owed to it by the other party hereunder for the satisfaction of any condition precedent to the waiving party's duty to perform any of its covenants, including its obligations to Close. Any such waiver shall be valid only if contained in a writing signed by the party to be charged. (d) Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be(a)personally delivered(including by means of professional messenger service); (b) sent by registered or certified mail,postage prepaid,return receipt requested; (c) sent by overnight delivery using a nationally recognized overnight courier service; (d) if a telefax number is shown below, sent by telefax(the inclusion of e-mail addresses below is for convenience of reference only and does not indicate that notices may be delivered by e-mail): To Buyer: Sean Farrelly Town Center Development Agency of the City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 E-mail address: Sean@tigard-or.us With a copy to: Kelly Hossaini Miller Nash Graham& Dunn LLP 3400 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, Oregon 97204-3699 Facsimile: 503-205-8539 E-mail address: Kelly.Hossaini@millernash.com To Seller: Mr. Richard Miller Affinity Property Management 1303 S.W. 16th Avenue Portland, Oregon 97201 E-mail address: rmiller@affmityproperty.com 9 4825-6317-5034.3 With a copy to: Mr. Charles Hudson Lane Powell PC 601 S.W. Second Avenue, Suite 2100 Portland, Oregon 97204-3158 E-mail address: hudsonc@lanepowell.com Any notice,regardless of the method of delivery used, shall be deemed received upon actual receipt or refusal of receipt thereof. Notice of change of address shall be given by written notice in the manner detailed in this Section. (e) Assignment. Neither party shall assign this Agreement without the prior written consent of the other party. Any attempt to assign this Agreement in violation of this Section shall be void. (f) Governing Law; Jury Trial; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Oregon, without regard to the principles of conflicts of laws thereof. The Deed will be issued in accordance with and governed by the laws of the state of Oregon. Each party hereby waives all rights it may have to trial by jury in any proceeding between them arising out of this Agreement. Exclusive venue for any dispute hereunder shall lie either with the state courts of Oregon or the federal courts located in the District of Oregon and each party waives its right to claim that a more convenient forum can be found. (g) Tax Considerations. The acquisition of the Property and temporary construction easement described in this Agreement is under threat of condemnation, following the Buyer's inspection and survey of the Property pursuant to ORS 35.220. The parties acknowledge that they are each responsible for their own tax liability, if any, resulting from this Agreement, and further expressly acknowledge that they neither received nor relied upon any tax advice from the other party or the other party's representatives or attorneys. (h) Absence of Brokers. Each party represents and warrants to the other party that it has not employed any finder, broker, or agent in the negotiation of this transaction and that no person is entitled to any finder's fee,broker's commission,or other similar form of remuneration by reason of or in connection with the execution or performance of this Agreement and agrees to hold harmless and indemnify the other party against any claims of any such person with respect to any such fees,commissions or other forms of remuneration. (i) Third-Party Beneficiary. Nothing contained herein shall create or give rise to any third-party beneficiary rights for any person as a result of the terms and provisions of this Agreement. (j) Time is of the Essence. Time is expressly made of the essence of each provision of this Agreement. (k) Counterparts. This Agreement and all exhibits to this Agreement requiring signatures may be executed in counterparts, each of which will be considered an original and all of which together will constitute one and the same Agreement. 10 4825-6317-5034.3 (1) Facsimile Signatures. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, is the same as delivery of an original. At the request of either party, the parties shall confirm facsimile transmitted signatures by signing an original document. (m) Nonwaiver. Failure of Seller or Buyer to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith,will not waive the default, but Seller or Buyer have the right to declare such a default at any time and take any lawful or authorized action hereunder, either at law or in equity unless such default has been specifically waived in writing. (n) Attorney Fees. In the event of a dispute between the parties hereto with respect to the interpretation or enforcement of the terms hereof,the prevailing party in any action resulting therefrom shall be entitled to collect from the other its reasonable costs and attorney fees, including its costs and fees on appeal. (o) Calculation of Time Periods. Unless otherwise specified,in computing any period of time described herein,the day of the act or event on which the designated period of time begins to run shall not be included and the last day of the periods computed shall be included unless the last day is a Saturday, Sunday, or legal holiday, in which event the period shall run until the next day that is not a Saturday, Sunday, or legal holiday. (p) Severability. Should any one or more of the provisions of this Agreement be determined to be invalid,unlawful or unenforceable in any respect,the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 20. "THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 195.300, 195.301,AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,AND 11 4825-6317-5034.3 SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010" IN WITNESS WHEREOF the parties have executed this Purchase and Sale Agreement as of the date above written. "SELLER" Casa La Veta Associates,LP, a California limited partnership By: John Family Partnership, By: Darius Irani Family Partnership Casa, a California general partnership, a California general partnership, General Partner General Partner � By: % �t jJ�'° By: c04-AcA(L-6. A- Charles JohnAlanaging Partner Darius Irani,Managing Partner BY: �I.Lk./ J By: bpJocuudiulturyvet ary M." erloshon,Managing Partner Kerbanu Pudumjee,Managin Partner Highlands Associates,Ltd., a California limited partnership By: ID!. tip-- By: I t c t-4 Charles D. John, tf neral Partner Darius K. Irani, General Partner The Irani Trust By: trl-.,tu t kaA-t Darius Irani,Trustee of The Irani Trust under Declaration of Trust dated July 19, 1990, as amended John Family Trust By: �� �i��'f'r By: 1 e.�. �2c� /��� q, / Charles Dean John,T gee of the John Marjorie; John, Trustee of ore John Family Trust under eclaration of Trust Family r st under Declaratio of Trust dated December 31, 1989, as amended dated December 31, 1989, as amended 12 4825-6317-5034.3 C.Leroy Doty and Janette Fulton Doty Living Trust By: Janette-Fulton Doty,Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 The Hauser Family Living Trust By: Barbara Van Buren Hauser,Trustee of the Hauser Family Living Trust, dated January 10, 2007 as amendcd "BUYER" Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency By: Name: _ Title: Date: 13 4825-6317-5034,3 C.Leroy Doty and Janette Fulton Doty Living Trust By: Janette Fulton Doty,Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 The Hauser Family Living Trust 0.1 O' ni-kAte) Van Buren Hauser, rustee of the Hauser Family Living Trust, dated January 10,2007 as amended "BUYER" Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency By: Name: Title: Date: 13 4625-6317-5034.3 C.Leroy Doty and Janette Fulton Doty Living Trust By: Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 The Hauser Family Living Trust By: Barbara Van Buren Hauser,Trustee of the Hauser Family Living Trust, dated January 10, 2007 as amended "BUYER" Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency By: Name: Title: Date: 13 4825-6317-5034.3 Exhibit A Description of the Apartment Property Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT,a plat of record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette Meridian, in the City of Tigard,County of Washington and State of Oregon,with the Northerly line of SW Ash Street as dedicated in Document No. 93-66064,Washington County,Oregon Deed Records, said point bears North 43°18'59"West along the Southwesterly line of said Tract 9, 30.06 feet from the Southerly corner thereof and running thence North 43°18'59" West along the said Southwesterly line, also being the Northeasterly line of VIEWCREST TERRACE, also a plat of record in said Section 2, 380.48 feet to an iron pipe at the Southwesterly corner thereof; thence North 49°13'57"East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod; thence North 44°10'00"West, 821.63 feet to an iron rod on the Southerly right of way of SW Main Street;thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of which bears South 38°30'03"East and the long chord of which bears North 54°47'50"East, 215.15 feet)215.27 feet to a point; thence North 58°05'43" East,202.33 feet to a point;thence along the said Southerly right of way as described in Document No.93-66065 of said Deed Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51"West and the long chord of which bears North 67°59'49" East, 119.90 feet) 122.23 feet to a point;and thence North 48°34'30"East, 124.67 feet to an iron rod;thence South 44°25'04"East along the Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said Washington County, Oregon Deed Records, 366.43 feet to a point;thence along that certain tract of land as described in a Dedication Deed recorded as Document No.93-99583 said Deed Records the following courses and distances: South 32°27'23"East, 16.65 feet;thence South 13°04'22" East, 32.24 feet;thence South 5°35'25" East, 16.99 feet;thence South 10°20'55"West, 12.90 feet; thence South 72°29'08"West, 160.97 feet;thence South 29°06'49"West, 11.93 feet; thence South 14°11'17"East, 15.09 feet;thence South 52°06'27" East, 18.09 feet;thence North 74°58'07" East, 122.30 feet; thence South 54°30'27"East,49.33 feet;thence South 52°22'23"East,41.99 feet; thence South 44°21'06"East, 130.95 feet;thence South 1°26'51"East, 12.01 feet;thence South 18°23'48" West,28.46 feet;thence South 48°44'28"West, 30.31 feet;thence South 18°18'44"West, 38.94 feet; thence South 35°49'16"West 31.10 feet;thence South 64°20'35" West,46.97 feet; thence South 52°36'19" West, 125.88 feet;thence South 31°09'51" West, 6.83 feet;thence South 10°55'00"East,21.63 feet;thence South 28°48'18" East,5.28 feet;thence South 88°38'42" East, 6.11 feet;thence North 58°53'18"East, 121.27 feet; thence South 31°37'34"East, 31.91 feet; thence North 85°26'56"East, 8.10 feet;thence North 1°25'03"West,58.56 feet;thence North 88°07'20"East, 152.92 feet;thence South 2°46'16"East,56.02 feet;thence South 37°05'17" East,26.75 feet;thence South 27°36'04"East, 38.37 feet;thence South 6°23'10" East,29.56 feet; thence South 33°34'48"East,45.70 feet;thence South 6°21'35"East,20.46 feet; thence South 62°07'17"West, 128.66 feet;thence South 53°39'28" West, 20.95 feet;thence South 60°56'53" West,74.92 feet;thence South 5°27'19"West,66.56 feet;thence South 12°58'11" East,37.66 feet;thence South 47°42'20"East, 3.71 feet to a point on the said Northerly right of way line of SW Ash Street;thence along the said Northerly line of that certain tract of land as described in Document No. 93-66064, South 43°00'20"West,297.19 feet to the point of beginning. A-1 4825-6317-5034.3 EXHIBIT B Description of the Property A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 96077957,WASHINGTON COUNTY DEED RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED LST DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48"WEST 191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING;THENCE LEAVING SAID NORTHERLY LINE SOUTH 47°03'36"WEST 3.91 FEET;THENCE NORTH 42°56'24" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE NORTH 42°57'48" WEST 7.57 FEET; THENCE SOUTH 47°02'12'WEST 6.00 FEET; THENCE NORTH 42°57'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET;THENCE NORTH 50°14'01" EAST 15.02 FEET ALONG SAID SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48" EAST 194.44 FEET TO THE POINT OF BEGINNING. ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W. MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 96077957. CONTAINING 2373 SQUARE FEET,MORE OR LESS. B-1 4825-6317-5034.3 Public Dedication Strip and Construction Easement Area Drawing LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON S.W. MAIN STREET s. WIDTH VARIES o Li I DOCUMENT NUMBER 2002-113691 I 25102Au01100 ��E ���L� DOCUMENT NUMBER 960779575 LINE # LENGTH DIRECTION 1a 1 11 3.91' S47°03'36"W r 2S102ACl00201to 12 45.45' N42°56'24'W 1 13 5.11' 547°02'12"W 1 14 7.57' N42°57'48°W 1 L5 6.00' S47°02'12"W I L6 142,25' N42°57'48"W Ll 15.02' N50°14'01"E L3 riI 1_..—F01NTO BEGINNING 1 r REGISTERED 1 401 0 PROFESSIONAL �- LAND SURVEYOR IA 3 • a " ._ a _.. e OREGON G MAY 21, 2013 °a PAUL ALLEN KOHN 58964P1S 400 0 4'0 RENEWS: 6/30/19 B-2 4825-6317-5034.3 EXHIBIT C Form of Temporary Construction Easement C-1 4825-6317-5034.3 0. After recording return to: Kelly Hossaini Miller Nash Graham&Dunn LLP 111 S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204 TEMPORARY CONSTRUCTION EASEMENT THIS 1't MPORARY CONSTRUCTION EASEMENT(this "Easement") is dated as of ,2019,by and between Highlands Associates,Ltd., a California limited partnership(undivided 35%), Casa La Veta Associates,LP, a California limited partnership (undivided 48.5%), Charles Dean John and Marjorie Ann John, as Trustee of the John Family Trust under Declaration of Trust dated December 31, 1989, as amended (undivided 4.125%),Darius Irani, as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%), Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust, under Declaration dated July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser, Trustee of the Hauser Family Living Trust,dated January 10, 2007, as amended(undivided 4.125%), all as tenants in common(collectively "Property Owner"), as owners of the real property located at 9270 S.W.Maplewood Drive, Tigard,Oregon(the "Apartment Property")and the Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency(the "City"). RECITALS A. Property Owner owns the Apartment Property as more fully described on the attached Exhibit A. B. The City is purchasing a strip of land containing approximately 2,373 square feet from the Apartment Property as more fully described on the attached Exhibit B and depicted on the attached Exhibit C (the "Public Dedication Strip"). C. The City intends to develop the Public Dedication Strip,in conjunction with adjacent property, into an access way to allow for the redevelopment of a portion of the adjacent property into a public plaza. D. The parties intend to create a temporary construction easement for the benefit of the City, over and upon certain portions of the Apartment Property for the purposes and on the terms and conditions set forth herein. 1 4835-7707-3265.3 NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT Grant of Construction Easement. The Property Owner hereby grants and conveys to the City, a temporary construction easement on,over,and across that portion of the Apartment Property that is two and one-half feet from the limits of the Public Dedication Strip as that Public Dedication Strip is described on the attached Exhibit B and as the Public Dedication Strip and the temporary construction easement area are depicted on the attached Exhibit C(the "Construction Easement Area"). The City shall have the right to use the Construction Easement Area as a work area, for access, and for construction-related activities pertaining to the Public Dedication Strip. In no event shall the City use the Construction Easement Area for storage of materials or equipment unrelated to constructing the improvements within the Public Dedication Strip. During the term of this Easement,Property Owner shall not construct any new permanent structures or plant any new trees or shrubs within the Construction Easement Area. Use. During the term of this Easement, the City may use the Construction Easement Area for no more than four months. Additionally,prior to any use of the Construction Easement Area, the City must provide Property Owner with at least 30 days'prior notice. Term. This Easement shall commence on the date that this Easement is fully executed and shall continue for 18 months. This Easement will automatically terminate at the end of the 18 month period without further act of either party. Notices. Any demand or notice allowed or required hereunder shall be given by first class mail to the persons specified as follows: Property Owner: Mr. Richard Miller Affinity Property Management 1303 S.W. 16th Avenue Portland,Oregon 97201 With copy to: Mr. Charles Hudson Lane Powell 601 S.W. Second Avenue, Suite 2100 Portland, Oregon 97204-3158 City: Sean Farrelly Town Center Development Agency of the City of Tigard 13125 S.W. Hall Boulevard Tigard, Oregon 97223 2 4835-7707-3265.3 With copy to: Kelly Hossaini Miller Nash Graham&Dunn LLP 111 S.W. Fifth Avenue, Suite 3400 Portland, Oregon 97204 Covenants Running with Land. This Easement shall be appurtenant to and shall run with the land as to the Apartment Property, and shall bind and inure to the benefit of the parties hereto, as well as their respective successors, assigns, lessees,and mortgagees. Defense and Indemnity. The City shall indemnify and hold harmless the Property Owner from and against any damage caused to the Property by the City's use of the Construction Easement Area, and from and against any liens or claims that may be filed or asserted against the Property or the Property Owner by any such use. Attorney Fees. In the event that either party brings an action to enforce its rights hereunder, including,but not limited to,at trial, on any appeal, or while enforcing its rights in any bankruptcy proceeding, the prevailing party in such action shall be entitled to receive all costs and reasonable attorney's fees in addition to any damages to which it is due by reason of such action. Recording. This Agreement may be recorded by either party in the Records of Washington County, Oregon. No Oral Amendment. Except as herein otherwise provided,no subsequent alteration, amendment, change, or addition to this Easement shall be binding upon either party unless reduced to writing and signed by them. Governing Law. This Easement shall be governed and construed in accordance with and governed by the laws of the State of Oregon and shall not be construed for or against either party as a result of the drafting hereof. IN WITNESS WHEREOF the parties have executed this Temporary Construction Easement of the date above written. [signature pages follow] 3 4835-7707-3265.3 PROPERTY OWNER: Casa La Veta Associates, LP, a California limited partnership By: John Family Partnership, By: Darius Irani Family Partnership Casa, a California general partnership, a California general partnership, General Partner General.Partner S By: � � By: AL�tt.t,t,c.-� �.c�tni_f Charles Jo anagin/g�P'artner Darius Irani,Managing Partner BH 1229 '� `�---''` By: i U'�:''� Mary M. D rloshon, Managing Partner Ke •aPudumjee,Managing artner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California=r ) County of L, S On GA19, ,. .)19 before me, a.ri nw -�i�at J-„�10 , a (c"-- (r c. (insert name and title of the officer) personally appeared CHARLES JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. caTnRlrn=e=====arn Iwafa _ "04 Notary Publk-Catiforsla Las Angeles County S pp (/� ) / vrice � Commission q 2244477 Ei .�c 10- C`� My Comm.Expires Jun 25,2022 Signature 4 4835-7707-3265.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of J S ,/-1-` ^ R" On tea` 1 , 020I 9 before me, lioto-n‘n n- b'`‘h j.t,) Jcjay �,� c-- (insert (insert name and title of the officer) personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, == CATARINA 2F.RBiNATTI IWATA Notary Public-California 11 f® ., ' Los Angeles County Signature Js2 Commission p 2244477 (Seal) My Gomm.Expires Jun 25,2022 5 4835-7707-3265.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of COs A---‘ -es--1-' ) On ^ti- 19 , Zo 19 before me, «L� bin c. �t �10 t� 1 (insert name and title of the officer) personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. wary ZERBINATTIIWATA Notary public�Ctll(ornia x 2....' Los Angeles County c ' E Commission k 2144477 Signature - ...k.-„.A.'4(----(Seal) """ My Comm.Expires Jun 15,2022 6 4835-7707-3265.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of b4D S A--,cyds2.4,' ) On •7•14. e-1; t/ 02.0 t 9 before me,Bata air, Ze i ,,`v,tit . nJ 0l fy 6 Al li c- (insert name and title of the officer) personally appeared KERBANU PUDUMJEE, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. yYi or, CATARINA ZERBINATTI iWATA Notary Public•Caiiforma ` 1' _ ,op�o Los AngQles County -Z4 yJ, -- ) Commission M 2244477 SlgnatUre 1 vv��oo Seal o•"' µy Comm.Expires Jun 25,2022 7 4835-7707-3265.3 Highlands Associates, Ltd., a Californianilimited partnership By: (��9 ^N. By: 0-15.-t.c2.4..t(k.,atAAL- Charles D.John, G eral Partner Darius K. Irani, General Partner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of L1 /I-(2-64} On 19, before me, rt'n r7 r`� i�r7-4,j akk „(-c^ I c.,ai c_- (insert name and title of the officer) personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARiNA ZERBINAfi WATA au Notary Public-California Los Angeles County " Commission p 2244477 Signature // ' 4.7-24'#___ (Seal) My Comm.Expires Jur.25,2022 8 4835-7707-3265.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On .71/19"-r.G, l q 02-o l i before me,W-C-Ari 1,4 Y1CLL` qn 0� ' i)o�G�.r ?t,ti!( (insert name and title of the officer) personally appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _, , CATARINA ZERBiNA f+IWATA Notary Public•California Los Angeles County Commission q 2244477 Signature S2 -gt'`"��` eal) 1 My Comm.Expires Jun 25. 2022 9 4835-7707-3265,3 The Irani Trust under Declaration of Trust dated July 19, 1990, as amended By: IS 02...h.vL.(..,4 ‘i Yi.,04A,:t.. Darius Irani, Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1 State of California ) County of los -Q ) On 7 ci. I ct, ' /9 before me,(, o n.a `,-,,. .' o1-a- ,Jo,� �i,J!,c (insert name and title of the officer) personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :a, CATARINA IERBINATTIIWATA J ;� Notary Public-California l 3.• ,',: Los Angeles County g (Seal) Commission N 2244477 Signature I 1" zvtLL1-6,04,5L-- "_ My Comm.Expires)un 25,2022 10 4835.7707-3265.3 John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust dated December 31, 1989, as amended dated December 31, 1989,as amended By: .a.-04-4,/17-- By: C (c/2 ,,,,,ci n Charles Dean John, Tru ee Marionn John,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of j0SAu--,5...Q.2, ) 1 On --h4-0-.L cit, 19 a o l before me, KID �',-,a-E c-,` +c Jo,*y y�i� 1'c_, (insert name and title of the officer) f personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARrNA 2ERRINATTI IWATA 61 ,`y Notary public California 4 . Los Angeles County g g4.,-2.74: ES ) "fe Commissfon a 2144477 S1 natur -'�-�a ---�C.'eal My Comm.Expires Jun 25,2022 11 4835.7707-3265.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of L s ) On`71r' tee, 1 a I q before me, at,cn ate�t tt's — , r 1(.2"1 (insert name and title of the officer) personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ° > CNaar),A 2Eft81NcafATTI rniTA J Notary PublicCalifornia Signature 9 't-`'�� (Seal) L': ` comms siione/12244477 My Comm.Expires Jun 25,2022 12 4835-7707-3265.3 C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 /� By: 9-..rf„.� z� �... 2 /ll/ Jane to Fulton Doty, Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of 7Q✓,A,dtt i ) /�/.t o-6, ( ,�/ On j ,�r„A_)al11 j, ,O/r-j before me, fl� LL i- /0:7/444/4 izsi (insert name and title the offi /cer) personally appeared JANETTE FULTON DOTY, who proved to me on the basis of satisfactory evidence to be the personsYwhose name,( 6/.aFe-subscribed to the within instrument and acknowledged to me that er ey.executed the same in fri " authorized capacity(ies), and that by ' er thei'signature( on the instrument the person�,aj, or the entity upon behalf of which the pers n X acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rNoiaPubic.:Qra .� /j x'3: � orange County I Signature iii f 1 t �. � S •'•I) . ;M,, Commission#2278085 / / '°' My Comm.Expires Mar 5,7023 13 4835-7707-3265.3 The Hauser Family Living Trust, dated January 10, 2007 as amended —T-� ,�p�, By: !� 4 ?'5� f� � c I`ve-tet Barbara Van Buren Hauser,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) n County of Las A/36(1 ) On S"ZZ'l before me,!ur L.ic oar n: 4 1U o wy Pvi(r, (insert name and title of the officer) personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • NICK SARTINI p si co* r) 1121sias4 NOTARY PUBLIC•CALIF OR NIA -111f •LOS ANGELES COUNTY Signature>� l c (Seal) iw+ APAmomwwwRIL aQ 2020 14 4835-7707-3265.3 CITY: Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency By: Name: Its: STATE OF OREGON ) )ss. County of ) This instrument was acknowledged before me on this day of ,20_,by as of Town Center Development Agency of the City of Tigard,an ORS 457 Urban Renewal Agency, NOTARY PUBLIC FOR OREGON My Commission Expires: 15 4835-7707-3265,3 EXHIBIT A Apartment Property Legal Description Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT, a plat of record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon,with the Northerly line of SW Ash Street as dedicated in Document No. 93-66064, Washington County, Oregon Deed Records, said point bears North 43°18'59"West along the Southwesterly line of said Tract 9, 30.06 feet from the Southerly corner thereof and running thence North 43°18'59" West along the said Southwesterly line, also being the Northeasterly line of VIEWCREST TERRACE,also a plat of record in said Section 2, 380.48 feet to an iron pipe at the Southwesterly corner thereof;thence North 49°13'57" East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod; thence North 44°10'00" West, 821.63 feet to an iron rod on the Southerly right of way of SW Main Street; thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of which bears South 38°30'03" East and the long chord of which bears North 54°47'50" East, 215.15 feet)215.27 feet to a point; thence North 58°05'43" East, 202.33 feet to a point; thence along the said Southerly right of way as described in Document No. 93-66065 of said Deed Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51" West and the long chord of which bears North 67°59'49"East, 119.90 feet) 122.23 feet to a point;and thence North 48°34'30" East, 124.67 feet to an iron rod; thence South 44°25'04"East along the Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said Washington County,Oregon Deed Records, 366.43 feet to a point; thence along that certain tract of land as described in a Dedication Deed recorded as Document No. 93-99583 said Deed Records the following courses and distances: South 32°27'23" East, 16.65 feet;thence South 13°0422" East, 32.24 feet; thence South 5°35'25" East, 16.99 feet;thence South 10°20'55"West, 12.90 feet; thence South 72°29'08"West, 160.97 feet;thence South 29°06'49" West, 11.93 feet;thence South 14°11'17" East, 15.09 feet;thence South 52°06'27" East, 18.09 feet;thence North 74°58'07" East, 122.30 feet;thence South 54°30'27" East,49.33 feet;thence South 52°22'23" East,41.99 feet; thence South 44°21'06" East, 130.95 feet; thence South 1°26'51" East, 12.01 feet;thence South 18°23'48"West,28.46 feet;thence South 48°44'28"West, 30.31 feet;thence South 18°18'44"West, 38.94 feet; thence South 35°49'16" West 31.10 feet;thence South 64°20'35" West,46.97 feet; thence South 52°36'19"West, 125.88 feet;thence South 31°09'51"West, 6.83 feet;thence South 10°55'00"East,21.63 feet;thence South 28°48'18"East, 5.28 feet;thence South 88°38'42" East, 6.11 feet;thence North 58°53'18" East, 121.27 feet;thence South 31°37'34"East, 31.91 feet; thence North 85°26'56"East, 8.10 feet; thence North 1°25'03" West, 58.56 feet;thence North 88°07'20"East, 152.92 feet; thence South 2°46'16" East, 56.02 feet;thence South 37°05'17" East, 26.75 feet; thence South 27°36'04" East,38.37 feet;thence South 6°23'10"East,29.56 feet; thence South 33°34'48"East,45.70 feet; thence South 6°21'35" East,20.46 feet;thence South 62°07'17" West, 128.66 feet;thence South 53°39'28" West,20.95 feet;thence South 60°56'53"West,74.92 feet; thence South 5°27'19" West, 66.56 feet; thence South 12°58'11" East,37.66 feet;thence South 47°42'20" East, 3.71 feet to a point on the said Northerly right of way line of SW Ash Street;thence along the said Northerly line of that certain tract of land as described in Document No. 93-66064, South 43°00'20" West,297.19 feet to the point of beginning. A-1 4835-7707-3265.3 EXHIBIT B Public Dedication Strip Legal Description A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 96077957,WASHINGTON COUNTY DEED RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48"WEST 191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING;THENCE LEAVING SAID NORTHERLY LINE SOUTH 47°03'36"WEST 3.91 FEET;THENCE NORTH 42°56'24"WEST 45.45 FEET;THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE NORTH 42°57'48"WEST 7.57 FEET; THENCE SOUTH 47°02'12'WEST 6.00 FEET; THENCE NORTH 42°57'48"WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET; THENCE NORTH 50°14'01" EAST 15,02 FEET ALONG SAID SOUTHERLY LINE;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48" EAST 194.44 FEET TO THE POINT OF BEGINNING. ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W. MAIN STREET, ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 96077957. CONTAINING 2373 SQUARE FEET,MORE OR LESS. B-1 4835-7707-3265.3 EXHIBIT C Public Dedication Strip and Construction Easement Area Drawing LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,W.M., CITY OF TIGARD,WASHINGTON COUNTY, OREGON WIDTH VARIES S.W. MAIN STREET 1.3 DOCUMENT NUMBER 2002.113691 25102AC101100 • LINE TABLE DOCUMENT NUMBER ' 96077957 `UNE # LENGTH DIRECTION t q L1 3.91' ~547°03'36"W l Z5102AG8D2D1 \ w L2 45.45' N42'S6'24"W aL3 5,11' .547'02'12"W `N L4 7.ST f N42°57'48"W 1 LS + 6,00' 347602'12"W.. l6 142.25' N42057'48"W 1 L7 15.02' N50014'01'1 �.5 L3 POINT OF ` BEGINNING ` REGIS'TERED PROFESSIONAL 41°1 %L. co 3 to LANA SURVEYOR A. °<-0-9--L OREGON MAY 21,2013 (._T.._ , , , °r+ PAUL ALLEN KOHN z 58954PLS RENEWS:6/30/19 40 20 0 40 __ .__ C-1 4835-7707-3285.3 EXHIBIT D Form of Dedication Deed D-1 4825-6317-5034.3 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT, CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 File No. DEDICATION DEED FOR ROAD OR STREET PURPOSES Highlands Associates,Ltd., a California limited partnership (undivided 35%),Casa La Veta Associates,LP, a California limited partnership(undivided 48.5%),Charles Dean John and Marjorie Ann John, as Trustee of the John Family Trust under Declaration of Trust dated December 31, 1989,as amended(undivided 4.125%),Darius Irani,as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as amended(undivided 4.125%), Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust,under Declaration dated July 27, 1995 (undivided 4.125%), and Barbara Van Buren Hauser,Trustee of the Hauser Family Living Trust, dated January 10,2007,as amended(undivided 4.125%),all as tenants in common (collectively"Grantors")do hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on, over, across, under,along, and within a portion of the real property located at 9270 SW Maplewood Drive, Tigard, in Washington County, Oregon, and described in the attached Exhibit"A": To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances,they have good and legal right to grant their right above-described and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is$63,311.64. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF,I hereunto set my hand on this—day of ,2019. [signature pages follow] 1 4848-5175-7690.3 GRANTORS: Casa La Veta Associates, LP, a California limited partnership By: John Family Partnership, By: Darius Irani Family Partnership Casa, a California general partnership, a California general partnership, General Partner Gener 1 Partner By: j li ��., By: s L1JL(..0-(t Aka-24A, Charles Jo'o ,Managing Partner Darius Irani,rManaging Partner Mary M. I54kiiik erloshon, Managing Partner K- .:.0 Pudumjee,Managi rg •artner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of kg s Avt rea.,-, ) / r nn On �� ci, 02.0/9 before me, `14a Erna T„ ` )c. , ,\e> ,"-i ai, i,c., (insert name and title of the officer) personally appeared CHARLES JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. {. CATARINA 2ERBiNATiI IWATA / Notary Public California ` _ f,t,41 Los Angeles County Cornrnission os 2244471 Nc / T My Comm,Expires Jun 25,2C22 Signature (Seal) ———— — — — — 2 4648-5175-7690.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ),,o r /l..J.2LAJ On /V aA.di 1 r i v+ before me,at-krilla- �` t,' , ,c\4- ?1..JIic (insert name and title of the officer) personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINA ZERBINAI-TI IWATA ; Notary Public-California Los Angeles County ! '";` Commission X 2244477 Signature (Seal) + , !0 My Comm.Expires Jun 25,2022 3 4848-5175-76903 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of to 5 ,Ae,.) ) On /V141A el, 19, / 9 before me,ge.fa vt r'to-- £ Lk 1,-Q .i,J o_Lr, p„,1,c- (insert name and title of the officer) personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .__ _ _ CATARiNA zERBINATTI IWATA �: , Notary Public•California .moi ,� / s zit' CommissLos ion 2244477 Signature �'pi1t64---�- 2--`�=+.� (Seal) j '; .` [ ' My Comm,Expires Jun 25,2022 l 4 4848-5175-7690.3 j A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Go S 1''v1 ) On 1 9 ,?O I before me, ar „EQ. c-611 "( (2 ) (insert name and title of the officer) personally appeared KERBANU PUDUMJEE, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINA 2ERBINATTitWATA 3 Notary Public•California `� jyl ;� Los Angeles County Signature (Seal) Commission#2244477 My Comm.Expires Jun 25,2021 5 4648-5175-7690.3 Highlands Associates, Ltd., a California limited partnership By: 0-4,,..64By: Ah.d t�c4 t I LIAA-t- Charles D. Jo General Partner Darius K. Irani, General Partner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. , State of California / ) County of t / -S ^"y-eZ. ) On 7)4.04-ol, I 9, 0.6019 before me, Fria- r lr n 4 i l t r,,,,c� o�, pw. ,!,c (insert name and title of the officer) personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINAZERBINAT?11WATA s Notary Public-California � � Los Angeles County f �° Commission q 2244477 - �` _ My Comm Expires Jun 252022 f Signature ->„� al) 6 4848-5175-7690,3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ios On ThAcLA 9, A-0 t 4 before me, �o v��¢-- ( �o .J .5) ry 1,'c /�c. (insert name and title of the officer) personally appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. yS� CATARINA 2ERBINATTIIWATA (. Notary Public-California `P, r- Los Angeles County F, �•,. Signature •� � ����-y �� (Seal) `�� ►.;' Commission k 2244477 `" My Comm.Expires Jun 25,2022 7 4848-5175-7690.3 The Irani Trust under Declaration of Trust dated July 19, 1990, as amended By: i—A PL- Y t.t..C,4.-4114!t.-t iA..ti Darius Irani, Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of �oS A-�5�1- ) On l 9 o'w 1 9 before me,� vt.vta. h-\h Q4,'I,3 ods-, Jn L>y al tic- ( (insert name and title of the officer) personally appeared DARIUS IRANI,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 .,, CATARINAZERsr� WATA f a.P.�,4: Notary Public-California , Los Angeles County - A-- r` o m.Expires s Jun 25,7 1 o My Camm.Expires Jun 25,2022~Signature ✓ �-0-- �%-r«i (Seal) 8 4848-5175-7690.3 John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust dated December 31, 1989, as amended dated December 31, 1989, as amended BY ackt.11-0 '` By: I !� t Charles Dean John, T ee Marjorie � n John, Trustee if A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of I-0 s � ) On / d l 9, #2-'31 9 before me,a n'n� b�'+„o oto- o k ��r,� (insert name and title of the officer) personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINA ZERBINATTI IWATA 3._ 6. Notary Public•California / •` Loz Angelez County vSignat re " � l) '�` �' Co os Angeles #County 7 ' my Comm.E__ Jun 25,2022 9 4848-5175-7690.3 IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of LO --°1212—"3-) �--° ) On 71A0-4. 1 020l9 before me,(; �i c� '44;c��.- ‘ J ug rJ o l,13 i c.. (insert name and title of the officer) personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t�, CATARINA ZERBINATTiIWATA Notary Public-California figq los Angeles County / �`� `JT - / ; r• Commission p 2244477 Signature 10 ' `"( eal) r.. "'� My Comm.Expires Jun 25,2022 10 4848-5175-7690.3 C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 , . Janette Fulton Doty,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of (1 J ) On ' 2cr.C4?.11t.p,pI19 before me, 1,„„,,,,,, ,,u,, (insert name and le of the officer) personally appeared JANETTE FULTON DOTY, who proved to me on the basis of satisfactory evidence to be the person(ywhose name Iaxe--subscribed to the within instrument and acknowledged to me that♦fieVh;executed the same in, ' j4herr authorized capacity(ios), and that by - er thci-r signon the instrument the pers•n ', or the entity upon behalf of which the pers ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, • DAALEEN N.FAAAGAU.I f illiWk Notary Public•California Signatur /; 'i,, A !` (Seal) _ -;�+ ' �. Orange Ccunt227 j -Arg Commission p 2278085 My Comm,Expires Mar 5,2023 11 4848-5175-7690.3 The Hauser Family Living Trust, dated January 10,2007 as amended By: 'r % k40612X4eitgOratha C Barbara Van Buren Hauser,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ° County of Is®S A/belts ) On "7i Z"�` before me, /�; `L +-i►'1 i A 444 y f-cipl l C (insert name and title of the officer) personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the. State of California that the foregoing paragraph is true and correct. r"wwwArAwwvi WITNESS myhand and official seal. Vw NICK c S RTINN1 COMM.#2151394. -4 L < �)/. NOTARY PUBLIC®CALIFORNIA \:r-'" O LOS ANGELES COUNTY �l Canm'. on Expires APRIL 30,2020 Signature/V (Seal) , w 12 4848-5175-7690.3 Accepted on behalf of Town Center Development Agency of the City of Tigard this day of 20 . By: Name: Its: 13 4848-5175-7690.3 EXHIBIT A Description of the Dedicated Property A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY,OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 96077957, WASHINGTON COUNTY DEED RECORDS,BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8"IRON ROD ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 96077957; THENCE NORTH 42°57'48"WEST 191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 47°03'36" WEST 3.91 FEET; THENCE NORTH 42°56124" WEST 45.45 FEET; THENCE SOUTH 47°02'12'WEST 5.11 FEET; THENCE NORTH 42°57'48"WEST 7.57 FEET; THENCE SOUTH 47°02'12'WEST 6.00 FEET;THENCE NORTH 42°57'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S.W. MAIN STREET;THENCE NORTH 50°14'01" EAST 15.02 FEET ALONG SAID SOUTHERLY LINE;THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48"EAST 194.44 FEET TO THE POINT OF BEGINNING. ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W. MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 96077957. CONTAINING 2373 SQUARE FEET,MORE OR LESS. A-1 4848-5175-7690.3 Public Dedication Strip LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,W.M., CITY OF TIGARD,WASHINGTON COUNTY,OREGON WIDTH VARIES S.W. MAIN STREET c L7 _~- DOCUMENT NUMBER I 2002.113691 2S102AG01100 '3\\ LINE TABLE DOCUMENT NUMBER 96077957 UNE# LENGTH DIRECTION Ll 3.91' S47•03'36"W L2 45.45' N42956'24"W 2S102AC/00201 v L3 5.11' 547°02'12"W I .4 - L4 7.57' 114297'413"W L5 6.00' S47°02'12"W L6 142.25' N42.57'48"W ` L7 15.02' , N50°14'01"E I G � k POINT OF 1 BEGINNING t REGISTERED t. o 440 PROFESSIONAL LAND SURVEYOR .4L. A. Ifjclj-IL P 1t' OREGON MAY 21,2013 Ti4 PAUL ALLEN KOHN 58964PLS _____./ li RENEWS: 6/30/19 40 20 0 40 . A-2 4848-5175-7690.3 EXHIBIT E Form of Memorandum of Purchase and Sale E-1 4825-6317-5034.3 After recording return to: Kelly Hossaini Miller Nash Graham&Dunn LLP 111 S.W.Fifth Avenue, Suite 3400 Portland, Oregon 97204 MEMORANDUM OF PURCHASE AND SALE AGREEMENT This Memorandum of Purchase and Sale Agreement(this "Memorandum") is made as of , 2019, between Highlands Associates, Ltd., a California limited partnership (undivided 35%), Casa La Veta Associates,LP, a California limited partnership (undivided 48.5%), Charles Dean John and Marjorie Ann John, as Trustee of the John Family Trust under Declaration of Trust dated December 31, 1989, as amended(undivided 4.125%), Darius Irani, as Trustee of the Irani Trust under Declaration of Trust dated July 19, 1990, as amended (undivided 4.125%), Janette Fulton Doty, Trustee of the C. Leroy Doty and Janette Fulton Doty Living Trust, under Declaration dated July 27, 1995 (undivided 4.125%),and Barbara Van Buren Hauser, Trustee of the Hauser Family Living Trust, dated January 10,2007, as amended(undivided 4.125%), all as tenants in common(collectively "Seller"), and Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency ("Buyer"). Pursuant to a Purchase and Sale Agreement dated , 2019 ("PSA"), Seller agreed to sell to Buyer a certain strip of land more fully described on attached Exhibit A(the "Property"),located within Seller's real property at 9270 SW Maplewood Drive, Tigard, Washington County, Oregon,more particularly described in the attached Exhibit B. The terms upon which Seller has agreed to sell the Property to Buyer are set forth in the PSA, to which reference is made for all purposes. This Memorandum is to be recorded in the official records of Washington County, Oregon in order to give notice of the existence of the PSA. This Memorandum will not be deemed or construed to define,limit, or modify the PSA, or any provision thereof, in any manner. IN WITNESS WHEREOF, the parties have caused this Memorandum to be executed as of the day and year first above written. [signature pages,follow] 4817-9319-2570.3 SELLER: Casa La Veta Associates,LP, a California limited partnership By: John Family Partnership, By: Darius Irani Family Partnership Casa, a California general partnership, a California general partnership, General Partner General Partner By: At _ By: Charles Jo ,Managing Partner Darius Irani,Managing Partner BY: ���� 'Rdak f Mary M. erloshon, Managing Partner Ke nu Pudumjee, Managin• 'artner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of S )c--- � ) On `74 19 X19 before me,l 't''-to- �,'„ c .Jit1 J o-,'rf 0,1 (insert name and title of the officer) I personally appeared CHARLES JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .,�y�,, CATARiNAZERBINATTI IWATA 4.4 ; Notary Public-California z Los Angeles County C ommission#2244477 Signature My Comm.Expires_Jur 25,2022 2 4817-9319-2570,3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of lADS On 11-v;‘,"--2- t`� i 9 before me,Cao :,r�-t0--. rL,`rt ,' P )�J o6(y e4.4/,‘,.... (insert name and title of the officer) personally appeared MARY M. DERLOSHON, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r.y 41641NA 2ERBINAT7I IWATA .*"' '� �� Notary Public-California Los Angeles County r. Signature (Seal) ' , Commission#2244477 My Comm.Expires Jun 25,2022 3 4817-9319-2570.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (� ) County of t,^o S �, ,� ) On Th--CM--0-1, l 9 •2.0t 9 before me, s'� +� U I: (insert name and title of the officer) personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LATARINA 2ERBINATTi IWATA Notary PubRt-Cafifotnia Signature 3 0 ,r Los Angeles County cal) �,. p Commission p 2244477 My Comm.Expires Jun 25,2022 4 4817-9319-2570.3 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of s 5 - ) (� On ....O c . L ci, 01.01 ? before me, o ri v!o. \hal-'.rim J flz ' 61-411'.c_. (insert name and title of the officer) personally appeared KERBANU PUDUMJEE, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ZI-tp.- „ CATARlNAZERBINA7TIIWA7A�iL ,_,�y�: NotaryPublicCalifz T a Los Angeles CountySignatureV4..._(Seal) 't' ,-:43 Commission p 2244477 My Comm.Expires Jun 25,2022 5 4817-9319-2570.3 Highlands Associates,Ltd., a California limited partnership By: g� ^ By: L uri,-g-k,l A . Charles D. John, eneral Partner Darius K. Irani, General Partner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California nn ) County of L 5 A-1- e0ti ) On g. l f I 910 £ ? before me, rr‘n ie-fi.,,rtc.-I-h'X4Ja4-ex rJo"0,-"`1 Pt-L (insert name and title of the officer) personally appeared CHARLES D. JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINA ZERBINATTI IWATA /' \ Notary Public-California Z � Los Angeles County Signature - k(Seal) „ ; Commission M 2244477 _It My Comm.Expires Jun 25220221 6 4817-9319-2570.3 A notary public or. other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. i State of California ) ) County of Lo S L j .-s2) ) On ` A-0,. 1 911 42,01 9 before me,ect rt:-ta 2e 4-,nal `LA) A- .to. R..-41'L (insert name and title of the offficer) personally appeared DARIUS K. IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. or CATARINA ZERI5INAT71IWATA Notary Public-Call nia a n 11-1=7,-,--9t9(----(Seal) �. Los Publics CountySignature rP Commission p 2244477 ' t° My Comm.Expires Jun 25,2022 7 4817-9319-2570.3 The Irani Trust under Declaration of Trust dated July 19, 1990, as amended By: Zait-4.4.,LA J Darius Irani,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaF ) County of 1r�5ib^5- ) On714-0-A a. 1 9/ cec/9 before me,1: -.rE; a- 32 ( =z---1-1-A-` ry,30 i9..-1 (insert name and title of the officer) personally appeared DARIUS IRANI, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Ile/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 40$, CATARINA ZERBINATTI iWATA /�/ , Notary Public-California /!lC "4 r4 LasAngelesCo+nty Signatur4_12044,c-1,o— YOU �P Commission A 2244477 "" My Comm,Expires Jun 25,2022 8 4817-9319-2570,3 John Family Trust under Declaration of Trust John Family Trust under Declaration of Trust dated December 31, 1989, as amended dated December 31, 1989,as amended By: C lQr By: 1a2,� zrc_ L Charles Dean John, Tru e Marjorie nn John, Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los 14-22 J On c,Ct t 9 2 8/`i before me,Onto- -izx, 06 Pc-ti ;c (insert name and title of the officer) 7 personally appeared CHARLES DEAN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CATARINA 2ERBINATTIIWATA rt J : Notary Public-California z 1114113'. Los Angeles County g • 2244477 CftSignature (Seal) Commission My Comm.Expires Jun 25,2022 9 4817-9319-2570.3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �( ) County of S ` ) On fay. 1.9 )( 9 before me,ectecvl,....z.A.,h,...4t- / i)o (insert name and title of the officer) personally appeared MARJORIE ANN JOHN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t. CATARINAZERBINATTIIWATA , ya Notary Public-California z a, YLos Angeies County Commission b 2244477 Signator _ � My Comm.Expires Jun 25,2022 I0 4817-9319-2570.3 C. Leroy Doty and Janette Fulton Doty Living Trust under Declaration of Trust dated July 27, 1995 /� By: e"?-&--i.-Le GCc� „it c_L%(,�./ /�li Janette Fulton Doty,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 4 O ) On %%' th ) € 19 before me,/ (insert name and title of the officer) personally appeared JANETTE FULTON DOTY, who proved to mc on the basis of satisfactory evidence to be the personal, hose name5$0/awsubscribed to the within instrument and acknowledged to me that he i they executed the same in-hi )/herr authorized capacity, and that by-hilitheir signs ure5 on the instrument the personas); or the entity upon behalf of which the person% ]acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DARLEEN N.FAPAGALLI . Notary Public•California Signature ! � � / "A , , //, (Seal) x 'ti -' Orange County 440; my b'2278085 My CoComm.Expires Mar 5,2023 11 4817-9319-2570.3 The Hauser Family Living Trust,dated January 10, 2007 as amended 1A By. .r. �I I.� j :�t !fat , 1 t ,J Barbara Van :uren Hauser,Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of L.oS (4y fje-S ) On S before me,#e.k Sc,.,r1`in+ 4 N© Pt)Vi iC (insert name and title of the officer) personally appeared BARBARA VAN BUREN HAUSER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A.4.2.— (Seal) Y.. rr wNICK S N " NOTAQAUMGB.EL#2LEIC1S�CC1OA8UL94INTYFORNIA �•.«.'`� COmmioeiori ExpiresAPRIL 30,202oi 12 4817-9319-2570.3 BUYER: Town Center Development Agency of the City of Tigard, an ORS 457 Urban Renewal Agency By: Name: Its: STATE OF OREGON ) ) ss. County of ) This instrument was acknowledged before me on this day of ,20_,by as of Town Center Development Agency of the City of Tigard,an ORS 457 Urban Renewal Agency. NOTARY PUBLIC FOR OREGON My Commission Expires: 13 4817-9319-2570.3 EXHIBIT A Description of the Property A STRIP OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 96077957, WASHINGTON COUNTY DEED RECORDS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD ON THE NORTHERLY LINE OF SAID TRACT DESCRIBED IN DOCUMENT NUMBER 96077957;THENCE NORTH 42°57'48"WEST 191.05 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 47°03'36" WEST 3.91 FEET;THENCE NORTH 42°56'24" WEST 45.45 FEET;THENCE SOUTH 47°02'12'WEST 5.11 FEET;THENCE NORTH 42°57'48"WEST 7.57 FEET;THENCE SOUTH 47°02'12'WEST 6.00 FEET; THENCE NORTH 42°57'48" WEST 142.25 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF S,W. MAIN STREET; THENCE NORTH 50°14'01"EAST 15.02 FEET ALONG SAID SOUTHERLY LINE; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 42°57'48" EAST 194.44 FEET TO THE POINT OF BEGINNING. ALSO TO EXCLUDE ANY PORTION FALLING WITHIN THE EXISTING RIGHT OF WAY OF S.W. MAIN STREET. ALSO TO EXCLUDE ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 96077957. CONTAINING 2373 SQUARE FEET, MORE OR LESS. A-1 4817-9319-2570.3 Public Dedication Strip and Construction Easement Area Drawing LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST,W.M., CITY OF TIGARD,WASHINGTON COUNTY,OREGON WIDTH VARIES S.W. MAIN STREET g Li \ DOCUMENT NUMBER 2002.113691 251o2AC/01100 DOCUMENT NUMBER -1\ LINE TABLE R 96077957 LINE# LENGTH DIRECTION 1 , l LI 3.91' S47°03'36"W 28102AC/00201 W U 45.45' N42°56'24"W 1 L3 5.11' 547°02'12"W °01 L4 7.57' N42°57'48"W 1 L5 6.00' 547°02'12"W 1 , L6 142.25' N42'57'46"W L7 15,02' N50°14'01"E t.5 11.3 ‘i POINT OF , BEGINNING T REGISTERED PROFESSIONAL I. rLAND SURvEY<4R en eOREGON At ' MAY 21,2013 4 PAUL ALLEN KOHN z ` 58964PLS J i RENEWS:6/30/19 40 20 0 40 A-2 4817-9319-2570.3 EXHIBIT B Description of Seller's Property Beginning at the intersection of the Southwesterly line of Tract 9,BURNHAM TRACT,a plat of record in the Northeast quarter of Section 2,Township 2 South,Range 1 West,Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,with the Northerly line of SW Ash Street as dedicated in Document No. 93-66064,Washington County,Oregon Deed Records, said point bears North 43°18'59" West along the Southwesterly line of said Tract 9, 30.06 feet from the Southerly corner thereof and running thence North 43°18'59"West along the said Southwesterly line,also being the Northeasterly line of VIEWCREST TERRACE, also a plat of record in said Section 2,380.48 feet to an iron pipe at the Southwesterly corner thereof;thence North 49°13'57"East along the Northwesterly line of said Tract 9, 143.90 feet to an iron rod; thence North 44°10'00"West, 821.63 feet to an iron rod on the Southerly right of way of SW Main Street;thence along the said Southerly right of way on a 1870.00 foot radius curve(the radius of which bears South 38°30'03" East and the long chord of which bears North 54°47'50"East, 215.15 feet)215.27 feet to a point;thence North 58°05'43"East, 202.33 feet to a point;thence along the said Southerly right of way as described in Document No. 93-66065 of said Deed Records along a 180.29 foot radius curve(the radius of which bears North 2°34'51"West and the long chord of which bears North 67°59'49" East, 119.90 feet) 122.23 feet to a point; and thence North 48°34'30"East, 124.67 feet to an iron rod; thence South 44°25'04" East along the Southwesterly line of that certain tract of land as described in Document No. 82-14391 of said Washington County, Oregon Deed Records, 366.43 feet to a point; thence along that certain tract of land as described in a Dedication Deed recorded as Document No. 93-99583 said Deed Records the following courses and distances: South 32°27'23"East, 16.65 feet; thence South 13°04'22" East,32.24 feet;thence South 5°35'25" East, 16.99 feet; thence South 10°20'55"West, 12.90 feet; thence South 72°29'08" West, 160.97 feet; thence South 29°06'49" West, 11.93 feet;thence South 14°11'17" East, 15.09 feet;thence South 52°06'27"East, 18.09 feet;thence North 74°58'07" East, 122.30 feet;thence South 54°30'27" East,49.33 feet;thence South 52°22'23"East,41.99 feet; thence South 44°21'06"East, 130.95 feet; thence South 1°26'51"East, 12.01 feet; thence South 18°23'48" West,28.46 feet; thence South 48°44'28"West, 30.31 feet; thence South 18°18'44" West, 38.94 feet; thence South 35°49'16" West 31.10 feet;thence South 64°20'35" West,46.97 feet; thence South 52°36'19" West, 125.88 feet;thence South 31°09'51" West,6.83 feet;thence South 10°55'00" East,21.63 feet;thence South 28°48'18"East, 5.28 feet; thence South 88°38'42" East,6.11 feet;thence North 58°53'18" East, 121.27 feet;thence South 31°37'34" East, 31.91 feet; thence North 85°26'56" East, 8.10 feet; thence North 1°25'03" West,58.56 feet;thence North 88°07'20" East, 152.92 feet;thence South 2°46'16" East, 56.02 feet;thence South 37°05'17" East,26.75 feet;thence South 27°36'04" East,38,37 feet;thence South 6°23'10" East, 29.56 feet; thence South 33°34'48" East,45.70 feet; thence South 6°21'35" East,20.46 feet;thence South 62°07'17" West, 128.66 feet; thence South 53°39'28" West,20.95 feet;thence South 60°56'53"West,74.92 feet;thence South 5°27'19"West, 66.56 feet;thence South 12°58'11" East, 37.66 feet; thence South 47°42'20" East, 3.71 feet to a point on the said Northerly right of way line of SW Ash Street;thence along the said Northerly line of that certain tract of land as described in Document No.93-66064, South 43°00'20" West, 297.19 feet to the point of beginning. 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Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 15 Minutes Agenda Title: Review of TMC for Fee Waivers and Exemptions Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Ordinance Meeting Type: Council Public Hearing- Informational Business Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE The Council is requested to consider an ordinance amending Tigard Municipal Code (TMC) 3.32 which governs fees and charges and when fee waivers and exemptions are granted. STAFF RECOMMENDATION / ACTION REQUEST Amend TMC 3.32 to clarify when fee waivers and exemptions are granted. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code 3.32 defines fees and charges as those established for city services provided in that section of the code; those for the dedication and vacation of streets and public areas within the city; and any other fee specifically stated by the City Council. TMC 3.32 authorizes waiver or exemptions to fees or charges if a non-profit organization requests a waiver in writing and the Council determines that community benefit outweighs the financial burden on the city. This code section has an unclear definition of what a fee or charge is and whether the section applies to all fees and charges. At the same time, most fees established by City Code do not expressly refer to TMC 3.32. The city does not have authority over some waivers, such as those set by state statute and SDC exemptions. Finally, it is unclear how the City would determine eligibility and qualification for the fee or charge to be waived. With these less than clear provisions about when a fee or charge can be waived or exempted, the risk of creating inconsistency, inequity and due process concerns increases. Proposed changes to TMC 3.32 are offered for Council consideration to clarify when fees and charges for nonprofit organizations can be waived or exempted: - Clarifies that TMC 3.32 applies to all fees and charges established by the City Council. - Identifies the authority to waive or exempt fees up to an amount of$300 with a demonstrated financial need for specific permits and a process for appeal of denials to the City Council, including: - Facility rental - Park and Recreation fees - Temporary sign permits - Building permit fees, except for trade permits. Finally, the proposed amendments limit the scope of which fees can be imposed by the Public Works Director to recreation programs and sponsorships only. OTHER ALTERNATIVES The Council could offer these, or other changes to the code to improve the consistency, administration, and clarity about fee waiver or exemptions. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the City Council has considered this issue. Attachments Fee Waiver Ordinance TMC 3.32 revision markup CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAP[FIR 3.32 REGARDING CITY FEES AND AUTHORITY FOR FEE WAIVERS WHEREAS, Tigard Municipal Code (TMC) Chapter 3.32 relates to fees and charges for City services and activities;and WHEREAS,TMC 3.32.070 authorizes the City Council to waive or exempt fees for certain nonprofits,but the implementation of this section has been inconsistent between departments and confusing;and WHEREAS,the City Council wishes to establish a uniform practice for allowing fee waivers;and WHEREAS, additional housekeeping amendments are needed to clarify TMC 3.32 and bring it in line with current practice. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 3.32 is amended as shown on Exhibit A (additional language is shown in underline and deleted text is shown in strikcthrough): SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this day of ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 1 TIGARD MUNICIPAL CODE Chapter 3.32 CITY FEES AND CHARGES authority to may set interim fees and charges pending adoption of a city council resolution. Sections: (Ord. 16-09 §1; Ord. 02-06, Ord. 82-72 §2, 1982). 3.32.010 Definitions 3.32.030 Method of Determining Rates 3.32.020 Authority for Fees and Charges 3.32.030 Method of Determining Rates for Fees and Charges A Rates shall will be based upon the 3.32.040 Administration reasonably determined costs for service and shall 3.32.050 Fee Adjustments and Schedules be based upon estimates from the current or 3.32.060 Failure to Pay Fees and proposed municipal budget for the following Charges categories, as applicable: 3.32.070 Exemptions 3.32.080 Ratification 1. Materials and services; 3.32.090 Recreation Program 2. Capital outlay; 3.32.010 Definitions 3. Indirect costs; For the purposes of this chapter, the singular shall include the plural and the masculine gender 4. Depreciation costs; and shall include the feminine and neuter. As used in this chapter,unless the context otherwise requires, 5. Personnel costs. the following definitions shall apply: "Fees and charges"means the following: charges exceed the reasonable costs for the service or services provided. (Ord. 16-09 §1; Ord. 1. Fees and charges established for city 82-72 §3, 1982). services provided under this code; 3.32.040 Administration 2. Fees and charges for the dedication and vacation of streets and other public areas within The city finance director, or designee, shall the city; be is authorized to require a specific type of payment, in the event of a prior history of 3. Any other fee or charge established by nonpayment, returned checks, a d or incidence of the council in which the council specifically states delayed, reduced or unpaid fees and charges. For that the fee or charge is to be subject to the applications which are subsequently withdrawn, provisions of this chapter. (Ord. 16-09 §1; Ord. the finance director, upon recommendation of the 82-72 §1, 1982). department head, may refund any or all of the fee amount not necessary to recover city costs 3.32.020 Authority incurred through the date of withdrawal. (Ord. 16- 09 §1; Ord. 82-72 §4, 1982). The Tigard City Council shall have has the authority to review and adopt by resolution rates for fees and charges reasonably related to the city's cost of service. The city manager shall have 3-32-1 Code Update: 7/16 TIGARD MUNICIPAL CODE 3.32.050 Fee Adjustments and Schedules city finance director shall will give notice of delinquency in writing, if a fee or charge is After January 1, 1983,adjustments in the rate unpaid. Such fee or charge shall must be paid of fees and charges shall will be reviewed by the within 10 days of the sending of such notice and, council at least annually, on or before July 1st of in addition, a delinquency fee in an amount to be any year. The council shall may consider the established by the resolution of council, by following in adjustments to fees and charges: (1)the Portland West Consumer Price Index; (2) the - •- total wage increase in relevant union contracts;(3) If the fee or charge is unpaid at the end of the 10- costs for services analyses; (4) council policy day notification period, the initial amount of the directives, and (45) the provisions of Section fee shall will be doubled and the difference shall 3.32.030. (Ord. 16-09 §1; Ord. 82-72 §5, 1982). he-deemed a penalty. (Ord. 16-09 §1; Ord. 82-72 §6, 1982). 3.32.060 Failure to Pay Fees and Charges 3.32.070 Exemptions A. All persons submitting applications or The city council is authorized to waive or otherwise utilizing services or facilities of the city exempt the following fees or charges, imposed shall are required to pay the appropriate fee or upon an application or for the use of city facilities charge imposed, unless waived pursuant to TMC ams in an amount not to exceed$300,if a 3.32.070 party requests such a waiver in writing and the council city determines B. If the fee or charge for an application is that the requester has demonstrated a financial governed by the provisions of this chapter, failure need for the waiver community benefit from the to pay the same in full shall prevents the submission of such application. If the city ewe-cam. erroneously accepts an application, such application is accepted through mistake or A. Rental fees for the use of a city facility. :n the city finance director shall will B. Parks and recreation fees. give a notice to the applicant of the balance due ef C. Temporary sign permit fees. such fes or charge, which balance alp must be D. Building permit fees, but not including paid within 10 days of the giving of such notice. trade permits. The finance director may waive the penalty if the failure to pay the full fee or charge was not the The waiver or exemption shall does not excuse the fault of the applicant. An aggrieved applicant may requester from compliance appeal the penalty decision of the director to the with other requirements of this code. Denials of council. If the fee or charge is unpaid after the 10- waiver requests may be made to city council. day period has expired, the application shall will (Ord. 16-09 §1;Ord. 82-72 §7, 1982). be considered withdrawn. Where action or work for which any permit is required under city code is 3.32.080 Ratification started Or-proceeded-with prior to obtaining said permit,the fees specified shall will be doubled. The council determines that fees previously ' set by resolutions of the council were set to C. For all other fees and charges subject to recover cost and are hereby ratified pursuant to this chapter and not involving an application, the the ordinance codified in this chapter and shall 3-32-2 Code Update: 7/16 TIGARD MUNICIPAL CODE will remain in effect until superseded pursuant to the ordinance codified in this chapter. (Ord. 16-09 §1;Ord. 82-72 §8, 1982). 3.32.090 Recreation Program For purposes of the public works department recreation program, city council delegates its authority to adopt rates and charges for recreation programs and sponsorships, pursuant to Section 3.32.020, to the director of public works. B. Notwithstanding Section 3.32.070, the public works director- shall have the authority to waive, exempt, er otherwise reduce recreation program fees and charges. C. The public works director shall annually activities and revenues. (Ord. 16-09 §1) ■ 3-32-3 Code Update: 7/16 AGENDA ITEM No. 10 Date: June 4, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Public Hearing — Review and Consider TMC for Fee Waivers and Exemptions This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 10 Date: June 4, 2019 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Pho 'o, j Name,Address&Phone No. Name,Address&Phone No. \ . ' Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3840 11. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 20 Minutes Agenda Title: Receive Fiscal Year 2020 Master Fees and Charges Schedule Update Prepared For: Steve Kang, Finance and Information Services Submitted By: Steve Kang, Finance and Information Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE City Council Discussion of the FY 2020 Master Fees and Charges Schedule. STAFF RECOMMENDATION / ACTION REQUEST Staff requests council direction on the proposed changes to the FY 2020 Master Fees & Charges Schedule prior to the June 11, 2019 budget adoption hearing. KEY FACTS AND INFORMATION SUMMARY As part of the annual budget process and as directed by TMC 3.32.050, the Council adopts the Master Fees and Charges Schedule at the business meeting in June. The attached draft of the FY 2020 Master Fees and Charges Summary of Changes report outlines the proposed changes to the fees and charges; the basis of the change; the authority for proposing the change; and where that change can be found in the actual schedule. Key Changes: • Switched CPI-U index from Portland CPI-U to West CPI-U. Portland CPI-U was discontinued due to latest 2018 CPI Geographic Revision. Alternate index would be West CPI-U. •Solid Waste Rate Study will be presented to the council on June 4th with three options. Based on the Council decision, the proposed rate increases will be determined. •Parks System Development Charges rate increase will be 12.4%. Based on ORD 15-09, rates are adjusted by weighted index of 50% Seattle CCE (4.7%) and 50% Washington County Land Acquisition Cost Index (20.0%). Additionally, this agenda item summary includes the strikeout draft version of the Master Fees and Charges so council can review the detail of the proposed fee changes. Staff will incorporate any fee implementations based on council direction from this meeting and include them for presentation at the June 11, 2019 business meeting. OTHER ALTERNATIVES Council may direct staff to make changes to the Master Fees and Charges Schedule prior to the June 11, 2019 adoption hearing. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Council is seeing the proposed FY 2020 Master Fees and Charges Schedule. Attachments FY20 Summary of Changes to Fees and Charges FY20 Master Fees and Charges-Draft FY 2020 Proposed Master Fees& Charges Summary of Changes Report Page(s) 9' Citywide Parking Permits and Fines 4 Portland Consumer Price Index(CPI-U)discontinued due to 2018 CPI Geographic Revision. Alternate index Ord.18-01 would be the West CPI-U,which increased by 3.3% Financial&Information Services Business License(Annual Fee) 5 West Consumer Price Index(CPI-U)increased by 3.3%. Ord.88-13 Library CD-RW(Blank). 8 No longer sell Blank Disks Dept.Policy Lost Items 8 Eliminated the processing fee of$5 due to a change in Washington County Cooperative Library Services policy. Dept.Policy Community Development Development Planning Fees/Charges 20-24 Fees have been adjusted by 4.7%per the Seattle Construction Cost Index. Council Policy 2016 ORS 227.175(1)(a) ORS 227.175(10)(b) TMC 18.798 Development Code Review 20 Added no charge,$0,fee to Commercial/Industrial/Institution Tenant Improvements in Existing Development Dept Policy Project Valuation Below$5,000 for clarification. Sanitary Sewer Connection Fee 26 This fee is set by Clean Water Services. Increase of 2.7% Clean Water Services Water Quality Facility Fee 26 This fee is set by Clean Water Services. Increase of 2.7% Clean Water Services Water Quantity Facility Fee 26 This fee is set by Clean Water Services. Increase of 2.7% Clean Water Services School District Construction Excise Tax 26-27 Fees are calculated by the Tigard Tualatin and Beaverton School Districts.Increases range between 3.1%to ORS 320.170-189 3.8%. Urban Forestry 27-28 Fees have been adjusted by 4.7%per the Seattle Construction Cost Index. ORD 03-59 Vertical Housing Development Zone 28 Fees have been adjusted by 4.7%per the Seattle Construction Cost Index. Res.18-08 PW Engineering Other Inspection Fees 30 Added other inspection fees to clarify how Engineering will charge for additional or outside of normal business Dept.Policy hours inspections. This is consistent with how Building Division is charging for the similar work. Page 1 of 3 FY 2020 Proposed Master Fees&Charges Summary of Changes Report Department Fee Description Schedule Basis of Change Authority Page(s) Public Works Water Customer Charges/Water Usage Charges 32-36 Removed old fees. Past water rate study ended with 1/1/2019. Next water rate study will be ready for Dept.Policy 1/1/2021. In the interim for 1/1/2020,staff recommends Water Customer Charges,Water Usage Charges,and Fire Rates(Sprinklers)to increase at 3.25%,which is the same as past rate increases over last 4 years and is aligning with cost indexing for the region regarding labor,construction and materials. Fire Service Connection 34 Fee adjusted by 4.7%based on Seattle Construction Cost Index.The department adopted the recommendation Dept.Policy of the consultant on April 22,2013 to use the Seattle CCI for escalation purposes to ensure that the fees are aligned with construction cost increases. Sanitary Sewer Service Fee(set by Clean Water Service.) 34 This fee is set by Clean Water Services. Increase of 3.0% Clean Water Services Tigard Sanitary Sewer Surcharge 34 The sanitary sewer surcharge was approved by Council on April 19,2016. Res.14-66 Fees have been adjusted by 4.7%per the Seattle Construction Cost Index. Storm and Surface Water Fee(set by Clean Water Service) 34 This fee is set by Clean Water Services. Increase of 5.7% Clean Water Services Street Maintenance Fee 37 Fee adjusted by a 2-year rolling average of 85%Seattle Construction Cost Index and 15%Oregon Monthly TMC 15.20 Asphalt Cement Material Price Index. According to the code,the floor of the index is 2.00%. The calculation resulted in a 6.95%rate increase. Court(Sports)Rental Fee 38 Establishing Sport Court Rental and assess fees to avoid conflicts between sport court users. Dept Policy Park and Recreation Fee 40 Increases by annual minimum of 4.26%on July 1st of each year. This increase is$0.20 per EDU. In addition, TMC 3.75 $1.02 per EDU increase was recommended at the Budget Committee Meeting for approved increase in deferred parks maintenance. Solid Waste Collection Rates 41-45 Eliminated the Recycling Surcharge for both Residential and Commercial Customers. Collection rate increases TMC 11.04 will be based on the Council decisions on the Solid Waste Rate Study. Park System Development Charge(SDC) 46 Fees adjusted based on an equal combination of two indexes;the Seattle Construction Cost Index(4.75/0)and Ord.15-09 the other index reflects changes in land acquisition costs(Type 42)provided by Washington County(20.0%.). Weighted index of 50%CCI Seattle and 50%WACO Land Acquisition Cost.Thus the FY 2020 SDC charges are increasing by 12.4%. Water System Development Charge 47 Fee adjusted by 4.7%based on the Seattle-Construction Cost Index for April 2019 ORS 223.304(8) Res.10-76 Page 2 of 3 FY 2020 Proposed Master Fees&Charges Summary of Changes Report Department Fee Description Schedule i'` Basis of Cha. 4 Autho 7 Page(s) IMF Residential Transportation System Development Charges 48 The residential transportation SDC's were adopted by council on April 28,2015. Charges increased by 6.43% Res.15-15 resulting from the combination of the Construction Cost Index-Seattle(4.70%)and the Oregon Monthly Ord.15-09 Asphalt Cement Material Price Index(21.95%). Weighted index based on 90%of CCI Seattle and 10%of ODOT MACMP Index Transportation Development Tax i0 This fee is determined by Washington County.TDT rates increased by roughly 3.0%for FY 2020. Washington County Page 3 of 3 Exhibit A City of Tigard, Oregon Master Fees & Charges Schedule Fiscal Year 2019 - 2020 Revised June 4,2019 11 • r � i TIGARD Page 1 Department Revenue Source Fee or Charge Effective Date CITY MANAGEMENT Claims Application Fee (TMC 1.21.050&1.22;Ord.08-09) $1,000.00 /deposit* 6/24/2008 * Claim fee shall be actual cost incurred by the city to process claim. Any funds remaining from the deposit after the claim has been processed will be refunded to the claimant.Payment of any costs exceeding the amount of the deposit is required prior to issuance of a final decision by the city on the claim. ADMINISTRATIVE SERVICES Municipal Court Fees Civil Compromise $150.00 8/28/2008 Traffic School and Compliance Program Fee Criminal $150.00 8/28/2008 Juvenile non-traffic $130.00 7/1/2017 Traffic School Equal to the relevant fine provided for the 8/28/2008 violation in the Violations Bureau Fine Schedule License Reinstatement $15.00 8/28/2008 Payment Agreement Administrative Fee $15.00 8/28/2008 Overdue Payment Letter $10.00 8/28/2008 Show Cause Hearings-Court Costs 8/28/2008 Non-compliance $25.00 Non-payment-fees paid prior to hearing No Fee Warrant Fee $50.00 8/28/2008 CITY MANAGEMENT Public Assembly 8/25/1970 Application Fee Persons Reasonably Anticipated 1,000 to 2,499 $100.00 2,500 to 4,999 $150.00 5,000 to 9,999 $500.00 10,000 to 49,999 $1,000.00 50,000 and over $1,500.00 ADMINISTRATIVE SERVICES/RECORDS Tigard Municipal Code(TMC)(Titles 1-17)or TMC/CDC(Titles 1-181 Compact Disk(CD) $10.00 7/1/2009 Page 2 Department Revenue Source Fee or Charge Effective Date CITYWIDE Attorney Time Current attorney billing rate 1999 4GB Flash Drives $11.00 each 7/1/2011 Candidate Nomination Petition Fee $50.00 DVD/CD $10.00 7/1/2015 Faxes for Public $2.00 /first page 7/1/2007 $1.00 /each additional page Microfiche Sheet Copies $1.00 /sheet up to 50 sheets plus 7/1/2007 staff time Photocopies 8-1/2 x 11 $0.25 /page 1999 8-1/2 x 14 $0.50 /page 1999 11 x 17 $1.00 /page 7/1/2005 17 x 24 $1.50 /page 7/1/2007 36 x 36 $2.50 /page 7/1/2007 Candidate Nomination Petition Fee $50.00 7/1/2008 Oversized Copies $2.50 /page 7/1/2011 Photographs Actual Cost 1999 Recording of Documents Actual Cost 1999 Research Fee Staff hourly rate+Citywide Overhead 2/7/2002 Fee+Materials Staff Hourly Rate for Miscellaneous Billing Staff hourly rate+benefits +paid time off+ 7/1/2015 and Reimbursement Agreements administrative time+department overhead+citywide overhead as determined by most recent A-87 Indirect Cost Study Based on the agreement,all,or part,of the components of the .A-87 Indirect Cost Study may be used. Page 3 Department Revenue Source Fee or Charge Effective Date CITYWIDE- Parking Permits and Fines* PARKING Downtown Parking Permit $36 /month 1/1/2019 $37 /month 1/1/2020 Construction Parking Permit $5 /day/space in 2-hour zone 2/2/2018 $3 /day/space in 4-hour zone 2/2/2018 Overtime Parking Violation $51 1/1/2019 $53 1/1/2020 Disabled Parking Violation*** $165 2/2/2018 All other Parking Violations $51 1/1/2019 $53 1/1/2020 *Adjusted annually in conjunction with the West Consumer Price Index(CPI)-If index is insufficient to increase fee in whole dollar, increase will compoud into the next year. **All violations have a minimum of 50%of that listed. ***Disabled Parking Violation fine is bound to the State of Oregon statutory limit. Page 4 Revenue Source Fee or Charge Effective Date FINANCIAL&INFORMATION SERVICES Assessment Assumption $50.00 4/22/1985 Budget Document Compact Disk(CD) $10.00 7/1/2007 Paper $50.00 Business License Annual Fee* 0-2 employees $94 /per year 7/1/2018 $97 /per year 7/1/2019 3-5 employees $125 /per year 7/1/2018 $130 /per year 7/1/2019 6-10 employees $449 /per year 7/1/2018 $455 /per year 7/1/2019 11-20 employees $722 /per year 7/1/2018 $745 /per year 7/1/2019 21-50 employees $82-8 /per year 7/1/2018 $855 /per year 7/1/2019 51-75 employees $902 /per•-year 7/1/2018 $931 /per year 7/1/2019 greater than 75 employees 0 /per year 7/1/2018 $1,261 /per year 7/1/2019 *Adjusted annually in conjunction with the West Consumer Price Index(CPI-U). Pro-Rated Fee Schedule Issued January 1 -June 30 See Fee Schedule above Issued July 1 -December 31 1/2 the annual fee Temporary License $25.00 1/1/2008 Duplicate License/Change of Ownership Fee Change in ownership or name only $10.00 1/1/2008 Copy/replacement of license $10.00 1/1/2008 Delinquency Charge the original business license fee due and payable shall be added for each calendar month or fraction thereof that the fee remains unpaid. The total amount of the delinquency penalty for any business license year shall not exceed one hundred percent(100%) of the business license fee due and payable for such year. Comprehensive Annual Financial Report $0.00 2/7/2002 Page 5 Revenue Source Fee or Charge Effective Date Franchise Fee/Right of Way Usage Fee(See TMC 15.06) (Owns facility in ROW and provides service to customers Electricity within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015 (Owns facility in ROW and provides no service to customers Electricity within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Electricity customers within Tigard) 5%of gross revenue 1/9/2015 (Owns facility in ROW and provides service to customers Natural Gas within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015 (Owns facility in ROW and provides no service to customers Natural Gas within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Natural Gas customers within Tigard) 5%of gross revenue 1/9/2015 (Owns facility in ROW and provides service to customers Telecom* within Tigard) 5%of gross revenue or$4,000 whichever is greater 1/9/2015 Telecom* (Provides no service to customers within Tigard) $2.90/linear foot of installation in right-of-way 1/9/2015 or$4,000,whichever is greater (Using a non-owned facility in ROW and provides service to Telecom* customers within Tigard) 5%of gross revenue 1/9/2015 *(Includes telecommunication utilities,long distance providers, private networks and competitive access providers) Utility Franchise Application Fee $2,000.00 8/8/2006 Solid Waste Disposal(See TMC 11.04) 5%of gross revenue 7/1/2013 Cable TV(See TMC 5.12) 5%of gross revenue 1/26/1999 Application filed with MACC(email macc@maccor.o>g) Lien Search Fee $35.00 2/1/2004 Overhead Fee Added to charges for property damage/repair 10%of total charge Returned Check Fee $20.00 10/9/2001 Page 6 Revenue Source Fee or Charge Effective Date Sewer Reimbursement District Loans Interest Rate Applicable Federal Rate(AFR),Table,Long-term,semiannual for the month the loan is approved System Development Charge Financing(other than Sewer Reimbursement District Loans) Application Fee $25.00 Interest Rate Prime rate as published in the Wall Street Journal as of the date of the application plus 4% Page 7 Department Revenue Source Fee or Charge Effective Date LIBRARY Collection Agency Fee S10.00 7/1/2007 4;t)-R1k f 131rtnk) 1.00 7/1/2018 Flash Drive S5.00 each 7/1/2013 Library Card Fee(non-residents only) S140.00 per year 8/1/2017 Lost Items Replacement coat+55.00 proccasing fee 7/1/2003 Replacement cost 3/1/2019 Overdue Items Daily Charge $0.25 /item 7/1/2017 (Adult and Young Adult Materials-Not Including Juvenile Materials) Maximum Charge $5.00 /item 7/1/2005 Public Copier and Printer Charges $0.10 /page for black&white 2001 $0.50 /page for color 7/1/2011 Replacement Library Card Fee $1.00 7/1/2007 Page 8 Department Revenue Source Fee or Charge Effective Date POLICE Alarm Permit Fee(Residential&Commercial) (Government agencies,disabled residents or over the age of 60 are exempt) $25.00 7/1/2009 Late payment of fees/fines(after 60 days) $100.00 7/1/2013 Failure to Obtain Permit within 60 Days of Alarm Installation $100.00 7/1/2013 Reinstatement Fee,Once Revoked(After 90 days past due) $100.00 7/1/2014 Non-permitted or Revoked Alarm Permit $500.00 7/1/2013 Distracted Driving Diversion Program $25.00 7/1/2014 False Alarm Fines 1st false alarm No Charge 7/1/2013 2nd false alarm No Charge 7/1/2013 3rd false alarm $100.00 7/1/2013 4th false alarm $150.00 7/1/2013 5th false alarm $200.00 7/1/2013 6 or more false alarms $250.00 7/1/2013 Fingerprint Card $15.00 per card 7/1/2012 Good Conduct Background/Letter $10.00 7/1/2012 Law Enforcement Officers Safety Act Qualification Fee $25.00 7/1/2006 Liquor License $25.00 7/10/2001 Police Services Fees DVD/Audio/VHS Evidence Copies $20.00 7/1/2012 Police Documents/Reports $10.00 /for the first 15 pages and 7/1/2008 $0.30 /page thereafter Police Digital Photo CD Copies $10.00 /CD 7/1/2005 Police Photograph Copies $10.00 /roll 7/1/2003 Page 9 Department Revenue Source Fee or Charge Effective Date POLICE Property Forfeiture for Criminal Activity Varies 5/25/1999 Second Hand Dealers and Transient Merchant License Occasional $40.00 7/1/2010 Full-Time $100.00 7/1/2010 Reporting Forms $0.80 each 7/1/2010 Special Event Permit Application Fee For-Profit Fee(Resident) $150.00 7/1/2015 For-Profit Fee(Non-Resident) $200.00 7/1/2015 Non-Profit Fee(Resident) $75.00 7/1/2015 Non-Profit Fee(Non-Resident) $125.00 7/1/2015 Social Gaming License Annual fee due January 1st $100.00 1/1/2014 If a business applies on or after July 1st $50.00 7/1/2014 Vehicle Release Fee $125.00 7/1/2013 Page 10 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT- BUILDING Building Permit Fees (New Commercial) 10/1/2009 Total Valuation: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof. $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $540.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof (New Single Family&Multi-Family) 10/1/2009 Total Valuation: $0.00 to$2,000.00 $66.25 /minimum $2,000.01 to$25,000.00 $66.25 /for the first$2,000 and $11.48 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $330.29 /for the first$25,000 and $8.75 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $549.04 /for the first$50,000 and $6.25 /for each additional$1,000 or fraction thereof $100,000.01 to$250,000.00 $861.54 /for the first$100,000 and $4.46 /for each additional$1,000 or fraction thereof $250,000.01 to$500,000.00 $1,530.54 /for the first$250,000 and $4.42 /for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $2,635.54 /for the first$500,000 and $4.10 /for each additional$1,000 or fraction thereof Page 11 Department Revenue Source Fee or Charge Effective Date $1,000,000.01 to$2,000,000.00 $4,685.54 /for the first$1,000,000 and $3.33 /for each additional$1,000 or fraction thereof $2,000,000.01 and over $8,015.54 /for the first$2,000,000 and $3.18 /for each additional$1,000 or fraction thereof (Additions,Alterations, and Demolitions for Single Family,Multi-Family,Commercial,&Industrial) 10/1,2009 Total Valuation: $0.00 to$500.00 $53.27 /minimum $500.01 to$2,000.00 $53.27 /for the first$500 and $3.39 /for each additional$100 or fraction thereof $2,000.01 to$25,000.00 $104.12 /for the first$2,000 and $15.21 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $453.95 /for the first$25,000 and $11.02 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $729.45 /for the first$50,000 and $7.53 /for each additional$1,000 or fraction thereof $100,000.01 to$500,000.00 $1,105.95 /for the first$100,000 and $6.04 /for each additional$1,000 or fraction thereof $500,000.01 to$1,000,000.00 $3,521.95 /for the first$500,000 and $5.09 /for each additional$1,000 or fraction thereof $1,000,000.01 and over $6,066.95 /for the first$1,000,000 and $3.39 /for each additional$1,000 or fraction thereof Building Plan Review Fee 65%of base building permit fee 9/26/2000 Deferred Submittals $200.00 minimum fee 9/24/2002 Plan Review plus 65%of building permit fee based on valuation of the particular portion or portions of the project. Phased Permitting $200.00 9/24/2002 Plan Review plus 10%of building permit fee based on total project valuation not to exceed$1,500 for each phase Page 12 Department Revenue Source Fee or Charge Effective D4 Photovoltaic Solar Panel System $180.00 (includes plan review and administrative fees) 1/1/2011 plus 12%state surcharge of permit fee Electrical Fees 10/1/2009 New residential,single or multi-family per dwelling unit;service included: 1000 square feet or less $168.54 Each additional 500 square feet or portion thereof $33.92 Limited energy,residential or multi-family $75.00 (with above sq ft) Each manufactured home or modular dwelling service or feeder $67.84 Services or feeders;installation,alterations or relocation: 200 amps or less $100.70 201 amps to 400 amps $133.56 401 amps to 600 amps $200.34 601 amps to 1000 amps $301.04 Over 1000 amps or volts $552.26 Reconnect only $67.84 Temporary services or feeders;installation,alteration or relocation: 200 amps or less $59.36 201 amps to 400 amps $125.08 401 amps to 600 amps $168.54 Branch circuits;new,alteration or extension per panel: With purchase of service or feeder-each branch circuit $7.42 Without purchase of service or feeder First Branch Circuit $56.18 Each addit.Branch circuit $7.42 Miscellaneous(service or feeder not included): Each pump or irrigation circuit $67.84 Each sign or outline lighting $67.84 Signal circuit(s)or a limited energy panel,alteration or extension $75.00 Each additional inspection over the allowable in any of the above Per Inspection $66.25 /hour(min 1 hour) Per Hour $66.25 /hour(min 1 hour) Industrial Plant Inspection $78.18 /hour(min 1 hour) Page 13 Department Revenue Source Fee or Charge Effective Date Renewable Energy Electrical Fees: 5 kva or less $100.70 7/1/2012 5.01 to 15 kva $133.56 7/1/2012 15.01 to 25 kva $200.34 7/1/2012 Wind generation systems in excess of 25 kva: 25.01 to 50 kva $301.04 7/1/2012 50.01 to 100 kva $552.26 7/1/2012 >100 kva the permit fee shall be calculated in accordance with OAR 918-309-0040. Solar generation systems in excess of 25 kva: Each additional kva over 25 $7.42 7/1/2012 >100 kva no additional charge Each additional inspection over allowable in any of the above: Each additional inspection will be charged $66.25/hr 7/1/2012 at an hourly rate(1 hr minimum) Misc. fees at an hourly rate(1 hr minimum) $90.00/hr 7/1/2012 Electrical permit plan review fee 25%of the electrical permit fee Fire Protection Systems 10/1/2009 (Commercial Fire Suppression-Sprinkler,Alarm and Type I-Hood systems based on project valuation) Total Valuation: $0.00 to$500.00 $51.09 /minimum $500.01 to$2,000.00 $51.09 /for the first$500 and $2.69 /for each additional$100 or fraction thereof $2,000.01 to$25,000.00 $91.44 /for the first$2,000 and $10.76 /for each additional$1,000 or fraction thereof $25,000.01 to$50,000.00 $338.92 /for the first$25,000 and $8.06 /for each additional$1,000 or fraction thereof $50,000.01 to$100,000.00 $509.42 /for the first$50,000 and $5.38 /for each additional$1,000 or fraction thereof $100,000.01 and over $809.42 /for the first$100,000 and $4.49 /for each additional$1,000 or fraction thereof Page 14 Department Revenue Source Fee or Charge Effective Date Fire Life Safety Plan Review 40%of base building permit fee 9/26/2000 (Commercial Only) Fire Protection Systems 10/1/2009 (Residential Fire Suppression) Stand Alone System Square Footage: 1 to 2,000 $198.75 2,001 to 3,600 $246.45 3601 to 7,200 $310.05 7,201 and over $404.39 Multipurpose or Continuous Loop System Square Footage: 0 to 2,000 $121.90 2,001 to 3,600 $169.60 3,601 to 7,200 $233.20 7,201 and over $327.54 Manufactured Dwelling Installation $305.50 9/24/2002 (Fee includes placement permit$275.50 and state administration fee$30.00) Manufactured Dwelling and Mobile Home Per OAR 9/24/2002 Parks,Recreation Camps,and Organizational Camps Mechanical Fees 10/1/2009 (1&2 Family Dwellings for New,Additions,or Alterations) Heating/Cooling: Air conditioning $46.75 Furnace 100,000 BTU(ducts/vents) $46.75 Furnace 100,000+BTU(ducts/vents) $54.91 Heat pump $61.06 Duct work $23.32 Hydronic hot water system $23.32 Residential boiler(radiator or hydronic) $23.32 Unit heaters(fuel-type,not electric), in-wall,in duct,suspended,etc. $46.75 Flue/vent for any of above $23.32 Other $23.32 Page 15 Department Revenue Source Fee or Charge Effective Date Other fuel appliances: Water heater $23.32 Gas fireplace $33.39 Flue/vent for water heater or gas fireplace $23.32 Log lighter(gas) $23.32 Wood/pellet stove $33.39 Wood fireplace/insert $23.32 Chimney/liner/flue/vent $23.32 Other $23.32 Environmental exhaust and ventilation: Range hood/other kitchen equipment $33.39 Clothes dryer exhaust $33.39 Single-duct exhaust(bathrooms, toilet compartments,utility rooms) $23.32 Attic/crawlspace fans $23.32 Other $23.32 Fuel piping: First four $14.15 Each additional $4.03 Minimum permit fee $90.00 Mechanical plan review fee 25%of Permit Fee Mechanical Permit Fees 10/1/2009 (Commercial and Multi-family) Total Valuation: $0.00 to$500.00 $69.06 /minimum $500.01 to$5,000.00 $69.06 /for the first$500 and $3.07 /for each additional$100 or fraction thereof $5,000.01 to$10,000.00 $207.21 /for the first$5,000 and $2.81 /for each additional$100 or fraction thereof $10,000.01 to$50,000.00 $347.71 /for the first$10,000 and $2.54 /for each additional$100 or fraction thereof $50,000.01 to$100,000.00 $1,363.71 /for the first$50,000 and $2.49 /for each additional$100 or fraction thereof $100,000.01 and over $2,608.71 /for the first$100,000 and $2.92 /for each additional$100 or fraction thereof Plan Review 25%of permit fee 9/24/2002 Page 16 Department Revenue Source Fee or Charge Effective Date Plumbing Fees 10/1/2009 (Commercial,Industrial,Residential,&Multi-Family) New One&Two Family Dwellings 1 bath $312.70 2 bath $437.78 3 bath $500.32 Each additional bath/kitchen fixture $25.02 Site Utilities Catch basin or area drain $18.76 Drywell,leach line,or trench drain $18.76 Footing drain,first 100' $50.03 Each additional 100'or part thereof (footing drain) $37.52 Manufactured home utilities $50.03 Manholes $18.76 Rain drain connector $18.76 Sanitary sewer,first 100' $62.54 Storm sewer,first 100' $62.54 Water service,first 100' $62.54 Each additional 100'or part thereof (sanitary,storm,water service) $37.52 Fixture or Item Backflow preventer $31.27 Backwater valve $12.51 Clothes washer $25.02 Dishwasher $25.02 Drinking fountain $25.02 Ejectors/sump $25.02 Expansion tank $12.51 Fixture/sewer cap $25.02 Floor drain/floor sink/hub $25.02 Garbage disposal $25.02 Hose bib $25.02 Ice maker $12.51 Interceptor/grease trap $25.02 Medical gas (value:$ ) see table Primer $12.51 Roof drain(commercial) $12.51 Sink/basin/lavatory $25.02 Solar units (potable water) $62.54 Tub/shower/shower pan $12.51 Page 17 Department Revenue Source Fee or Charge Effective Date Urinal $25.02 Water closet $25.02 Water heater $37.52 Water Piping/DWV $56.29 Other: $25.02 Minimum permit fee $72.50 Plumbing plan review 25%of permit fee Medical Gas Systems 9/24/2002 Total Valuation: $1.00 to$5,000.00 $72.50 /minimum $5,000.01 to$10,000.00 $72.50 /for the first$5,000 and $1.52 /for each additional$100 or fraction thereof,to and including$10,000. $10,000.01 to$25,000.00 $148.50 /for the first$10,000 and $1.54 /for each additional$100 or fraction thereof,to and including$25,000. $25,000.01 to$50,000.00 $379.50 /for the first$25,000 and $1.45 /for each additional$100 or fraction thereof,to and including$50,000. $50,000.01 and over $742.00 /for the first$50,000 and $1.20 /for each additional$100 or fraction thereof. Restricted Energy 6/27/2000 Residential Energy Use,for all systems combined $75.00 Commercial Energy Use,for each system $75.00 Sanitary Sewer Inspection Fee 6/6/2000 Residential $35.00 Commercial $45.00 Industrial $75.00 Site Work/Grading Permit Fees 10/1/2009 Based on project valuation-See Building Permit Fees(New Commercial). Page 18 Department Revenue Source Fee or Charge Effective Date Miscellaneous Fees Administrative fee to change issued permits,including but not limited to: Address change(minimum charge-one-half hour) $90.00 per hour 7/1/2014 Contractor change(minimum charge-one-half hour) $90.00 per hour 7/1/2014 Process and handling fee to mail permits with plans $5.00 7/1/2014 Fee paid inspections for residential structures pursuant to Title 14,Chapter 16 6/27/2000 Single&Two Family Dwellings $100.00 Apartment Houses&Social Care Facilities $160.00 /plus$7 for each dwelling unit in excess of 3 Hotels $160.00 /plus$5 for each dwelling unit in excess of 5 Information Processing&Archiving(IPA) Fee $2.00 /sheet larger than 11"X 17" 7/1/2010 $0.50 /sheet 11"X 17"and smaller Investigation Fee $90.00 per hour(average cost) 1/1/2014 (minimum charge: one-half hour) Phased Occupancy $200.00 6/27/2000 Permit or Plan Review Extension $90.00 Temporary Occupancy $90.00 Other Inspections&Fees: 1. Inspections outside of normal business hours 10/1/2009 (minimum charge-2 hours) $90.00 per hour 2 Reinspection fees $90.00 per hour 10/1/2009 3. Inspections for which no fee is specifically 10/1/2009 indicated(minimum charge:one-half hour) $90.00 per hour 4. Additional plan review required by changes, 10/1/2009 additions or revisions to plans (minimum charge:one-half hour) $90.00 per hour Note: A 12%surzharge fee as mandated by the State Building Codes Division is applied to all permit fees,investigation fees and inspection fees listed above. Page 19 Department Revenue Source ,fee ox,Qlwge Effec 've D COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Accessory Dwelling Unit* 7/1/2018 $284 7/1/2019 Adjustment* $388 1/31/2019 $406 7/1/2019 Annexation(Quasi-Judicial)* $3,611 7/1/2018 $3,812 7/1/2019 Appeal Type II to Hearings Officer $250 Fee set by state law 7/1/2011 Expedited Review(Deposit) $300 Fee set by state law 7/1/2016 Type III* $3,661 7/1/2018 $3,833 7/1/2019 Comprehensive Plan Map Amendment(Quasi-judicial)* $47580 7/1/2018 $4,795 7/1/2019 Conditional Use* $7,218 7/1/2018 $7,589 7/1/2019 Development Code Review* Single-Family Building Plan $98 7/1/2018 New/Additions/Accessory(including,but not $102 7/1/2019 limited to,garages,carports,porches,patios,decks, storage sheds,awnings,steps and ramps) Commercial/Industrial/Institution-New $448 7/1/2018 Commercial/Industrial/Institution— $406 7/1/2019 Tenant Improvements in Existing Development Project Valuation below$5,000 $0 7/1/2019 Project Valuation$5,000-$74,999 $98 7/1/2018 $102 7/1/2019 Project Valuation$75,000-$149,999 $2.43 7/1/2018 $254 7/1/2019 Project Valuation$150,000 and more $388 7/1/2018 $406 7/1/2019 Director Determination* $791 7/1/2018 $831 7/1/2019 Page 20 Department Revenue Source Fee or Charge Effective Date Downtown Design Review* Track 1 3 7/1/2018 $139 7/1/2019 Track 2 Under$1,000,000 $1,855 7/1/2018 $1,942 Plus 0.004 x project valuation 7/1/2019 $1,000,000 and over(max fec$25,000.00) $7,152 Plus 0.002 x project valuation 7/1/2018 $1,000,000 and over $6,000 Plus 0.002 x project valuation 7/1/2019 Track 3 $3,763 Plua applicable Track 2 fcc 7/1/2018 $3,940 Plus applicable Track 2 fee 7/1/2019 Extension* Type I $388 1/31/2019 $406 7/1/2019 Type II $791 1/31/2019 $831 7/1/2019 $111 7/1/2018 [Moved to Miscellaneous Development Fees] Home Occupation Permit* Type I $4-34 7/1/2018 $141 7/1/2019 Type II $325 7/1/2018 $341 7/1/2019 Land Partition* 2 Lots $5,215 7/1/2018 $5,492 7/1/2019 3 Lots $4462 7/1/2018 $4,567 7/1/2019 Expedited $6,121 7/1/2018 $6,408 7/1/2019 Final Plat $1,218 7/1/2018 $1,275 7/1/2019 Lot Line Adjustment/ Lot Consolidation $7-94 7/1/2018 $831 7/1/2019 Marijuana Facility Permit $774 7/1/2018 $811 7/1/2019 Page 21 Department Revenue SourceEffective Date Miscellaneous Land Use Review* Adequate Public Facilities Exception(inside River Terrace) $791 1/31/2019 $831 7/1/2019 Historic Resource Designation/Removal of Designation $5,667 7/1/2018 $5,933 7/1/2019 Historic Resource Construction/Alteration/Demolition $8-50 7/1/2018 $890 7/1/2019 Transportation Mitigation(inside Tigard Triangle) $791 1/31/2019 $831 7/1/2019 Modification* Type I $325 1/31/2019 $340 7/1/2019 Type II $3,500 1/31/2019 $3,665 7/1/2019 Planned Development* Consolidated Concept and Detailed Plan $10,083 7/1/2018 $10,557 7/1/2019 -with Land Division(in lieu of Subdivision or Partition Fee) Add$93.00 per lot Concept Plan $10,083 7/1/2018 $10,557 7/1/2019 Detailed Plan $3,,500 1/31/2019 $3,665 7/1/2019 -with Land Division(in lieu of Subdivision or Partition Fee) Add$93.00 per lot Pre-Application Conference* Type II $32-5 7/1/2018 $341 7/1/2019 Type III $-780 7/1/2018 $816 7/1/2019 Project/ Plat Name Change* $444 1/31/2019 $465 7/1/2019 Sensitive Lands Review* T�peI $794 7/1/2018 $831 7/1/2019 Type II $3,182 7/1/2018 $3,646 7/1/2019 Type III $3,761 7/1/2018 $3,938 7/1/2019 Sign Permit* New or Modification to Existing Sign $218 7/1/2018 $228 7/1/2019 Temporary Sign $69 7/1/2018 $72 7/1/2019 Page 22 Department Revenue Source Fee or Charge Effective Dad Site Development Review* Type I Under 13 Dwelling Units $388 1/31/2019 $406 7/1/2019 13 Dwelling Units and Over $791 1/31/2019 $831 7/1/2019 Type II Under$1,000,000 $60 7/1/2018 $6,439 7/1/2019 $1,000,000/Ovcr and Over $7,989 ' .. ... .- -, ','U , ,e ,'!! 7/1/2018 $8,365 Plus$6 per each$10,000 over$1,000,000 7/1/2019 Subdivision* Preliminary Plat $9,653 plus--1$9-3-430-per-let 7/1/2018 $10,107 Plus$93.00 per lot 7/1/2019 Expedited Preliminary Plat $8,110 plus-$93.00-per-let 7/1/2018 $8,522 Plus$93.00 per lot 7/1/2019 Final Plat $2,155 7/1/2018 $2,571 7/1/2019 Temporary Use Permit* Type I $388 7/1/2018 $406 7/1/2019 Special Exemption/Non-Profit $0 7/1/2018 $0 7/1/2019 Special Rate: Mixed Use-Central Business District Zone 1st Temporary Use in a Calendar Year $388 7/1/2018 $406 7/1/2019 2nd Through 5th Temporary Use With Substantially the Same Site Plan Within A Calendar Year $69 7/1/2018 $72 7/1/2019 Urban Forestry* Plan Modification $-e4 7/1/2018 $800 7/1/2019 Discretionary Plan Review(with concurrent Type III review) $178 7/1/2018 $500 7/1/2019 Discretionary Plan Review(without concurrent Type III review) $2,915 7/1/2018 $3,083 7/1/2019 Zoning Map Amendment* Quasi-judicial $4,580 7/1/2018 $4,795 7/1/2019 Zoning Analysis Letter(Detailed)* $791 7/1/2018 $831 7/1/2019 Page 23 Department Revenue Source Fee or Charge Effective Date Zoning Inquiry Letter(Simple)* $116 $121 7/1/2019 *Per Ord 03-59,fee is adfusted yearly based on the Construction Cost Index for the City of Seattle as published in the April issue of Engineering News Record COMMUNITY DEVELOPMENT- MISCELLANEOUS FEES&CHARGES CommunityDevelopment Code CD Rom $10.00 7/1/2011 GIS Maps* 8-1/2"x 11" Non Aerial $2.50 7/1/2011 Aerial $4.00 7/1/2011 11"x 17" Non Aerial $5.00 7/1/2011 Aerial $7.00 7/1/2011 17"x 22" Non Aerial $11.00 7/1/2011 Aerial $15.00 7/1/2011 34"x 44" Non Aerial $25.00 7/1/2011 Aerial $30.00 7/1/2011 Custom Maps Staff Hourly Rate 7/1/2011 Information Processing&Archiving(IPA) Fee Temporary Sign $5.00 7/1/2010 Type I Review $18.00 7/1/2010 Type II Review $175.00 7/1/2010 Type III Review $200.00 7/1/2010 Type IV Review $200.00 7/1/2010 Oversize Load Permit $200.00 7/1/2005 Planimetric Maps Blueline print-quarter section $5.00 7/1/2011 Mylar-quarter section $150.00 /+reproduction cost 7/1/2011 Public Notice Sign $3.50 7/1/2018 Retrieval of Materials Confiscated in ROW Lawn and A-board signs $40.00 /sign 7/1/2010 Other signs and materials(based on size and value) City Manager's Discretion(per TMC 6.03 Ord 12-02) 7/1/2010 Page 24 Department Revenue Source Fee or Charge Effective Dal Tigard Comprehensive Plan $75.00 7/1/2011 Tigard Transportation System Plan $75.00 7/1/2011 Page 25 Department Revenue Source Fee of Charge., affective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Fee in Lieu of Sewer Based on actual cost of sewer connection, 1998 if sewer was available (MU-CBD zone only) the current Washington County Assessor-determined real market value of the land(not improvements)by 10% Sanitary Sewer Connection Fee $57650 a *t3nit 7/1/2018 (This fee is determined by Clean Water Services. $5,803 /dwelling unit 7/1/2019 The City of Tigard receives 3.99%of fees collected.) Water Quality Facility Fee(Fee set by Clean Water Services)*** (City receives 100%of fees collected) Residential Single Family $215 merit 7/1/2018 $252 /unit 7/1/2019 Commercial&Multi-family $215 ! :. : 7/1/2018 `2.S2 /2,640 sq.ft of additional impervious surface 7/1/2019 Water Quantity Facility Fee(Fee set by Clean Water Services)*** (City receives 100%of fees collected) Residential Single Family 8-3441 7Lectit 7/1/2018 $308 /unit 7/1/2019 Commercial&Multi-family $309 ! ; . .-• -. - •- . . 7/1/2018 $308 /2,640 sq.ft of additional impervious surface 7/1/2019 Metro Construction Excise Tax 12%of building permits for projects 7/1/2006 (City will retain 5%for administrative expenses) with a total valuation of$100,001 or more; (Tax set by Metro,but collected by cities) not to exceed$12,000. School District Construction Excise Tax (City will retain 4%for administrative expenses) (Tax set by school districts based on ORS 320.170-189 and collected by cities) Beaverton School District $4..M 7/1/2018 $1.35 /sq.ft.residential construction 7/1/2019 $064 /al ft.non rcaidcntial construction 7/1/2018 $0.67 /sq. ft.non-residential construction 7/1/2019 $3609 .. 7/1/2018 $33,700 Non-residential maximum per building permit or 7/1/2019 per structure,whichever is less Page 26 Department Revenue Source Fee oge Effective Date, COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT Tigard-Tualatin School District(TTSD)** 7/1/2018 S1.30 /sq.ft.residential construction 7/1/2018 *+444 7/1/2018 $0.65 /sq.ft.non-residential construction 7/1/2018 5317400 :. 7/1/2018 $32,600 Non-residential maximum per building permit or 7/1/2018 per structure,whichever is less **TTSD Construction Excise Tax will be set by the school district in June. Staff is authorized to update the schedule for the fees and charges set by other jurisdictions. Renotification for Hearing Postponement* S441 7/1/2018 Type II(Major)Modification Project Valuation Threshold* $50,000 1/31/2019 $52,350 7/1/2019 Urban Forestry* I lazard Tree Dispute Resolution Fee $187- $55 nn..__L _ddi .-__, 7/1/2018 S196 +$55.00 each additional tree 7/1/2019 In Lieu of Planting Fees(Planting&3 Year Maintenance) Street Tree 5668 per 1.5"caliper tree 7/1/2018 S636 per 1.5"caliper tree 7/1/2019 Open Grown Tree $408 per .5"caliper Free 7/1/2018 $636 per 1.5"caliper tree 7/1/2019 Stand Grown Tree $133 per tree 2'in height or 1 gallon container 7/1/2018 $453 per tree 2'in height or 1 gallon container 7/1/2019 • Tree Removal Permit Simple 56 7/1/2018 SO 7/1/2019 Complex $333 7/1/2018 $349 7/1/2019 Tigard Triangle District Tree Removal Fee $306 per caliper i- I1 7/1/2018 S314 per caliper inch DBH 7/1/2019 (only applies in TMU Zone when removal approved through an adjustment) Tree Canopy Fee $2.95 per square foot of tree canopy 3/1/2013 Urban Forest Inventory Fees Open Grown Tree 54-68 1-$20 0 each _dd7tio__l 7/1/2018 S175 +$28.00 each additional tree 7/1/2019 Stand of Trees $221 +CAA 0 e__l.addition_l,.._n.] 7/1/2018 S232 +$44.00 each additional stand 7/1/2019 Tree Establishment Bond(Planting&Early Establishment) Page 27 Department Revenue Source Fee,or Charge Effective Date COMMUNITY DEVELOPMENT-MISCELLANEOUS DEVELOPMENT 1.5"Caliper Minimum Street or Open Grown Tree in Subdivisions or Minor Land Partitions 8554 per-tree 7/1/2018 S580 per tree 7/1/2019 1.5"Caliper Minimum Street or Open Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions 5449 per tree 7/1/2018 $523 per tree 7/1/2019 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Subdivisions or Minor Land Partitions 5116 rertree 7/1/2018 S435 per tree 7/1/2019 2'in Height or 1 Gallon Container Minimum Stand Grown Tree in Land Use Review Types other than Subdivisions or Minor Land Partitions 53916 per-tree 7/1/2018 S415 per tree 7/1/2019 Vacation(Streets and Public Access)* S2,937 7/1/2018 S3,075 /deposit+actual costs 7/1/2019 Vertical Housing Development Zone* Precertification Fee $800 7/1/2018 $838 7/1/2019 Final Certification Fee 84-200 7/1/2018 $1,256 7/1/2019 Annual Project Monitoring Fee 8340 7/1/2018 S314 7/1/2019 *Per Ord 03-59,Jee is adjusted yearly bared on the Construction Cost Indexfor the City of Seattk as published in the April issue of-Engineering News Reami **$ 10.00 per tree r7r to and including 10 tires If over 10 trees,the applatnt submits a deposit of1310.00 for each tree ocer 10 trees up to a maximum of 85,000.00,The applicant is Barged actual staff time to process the permit and will be refunded the balance of the deposit if any remains after the review is complete *** Thi r fee is determined 4 Clean Water Setrlces Page 28 Department Revenue Source Fee or Charge;;; k Effective Date PUBLIC WORKS-DEVELOPMENT ENGINEERING Addressing Assignment Fee $50.00 /lot or suite(up to first 20) 8/1/2017 $25.00 /lot or suite(for 21 and greater) 8/1/2017 Early Addressing Request $250.00 Prior to Plat Approval 8/1/2017 Encroachments Encroachment Permit $100.00 11/1/2018 Encroachment Permit Appeal $250.00 11/1/2018 Erosion Control Inspection Fee With Development Construction Cost Estimate$0-$25,000 $80.70 7/1/2014 Construction Cost Estimate$25,001-$50,000 $107.60 7/1/2014 Construction Cost Estimate$50,001-$100,000 $161.40 7/1/2014 Construction Cost Estimate over$100,000 $161.40 plus$75 per$100,000 or fraction thereof 7/1/2014 exceeding the first$100,000 Without Development 0-0.99acres $322.80 7/1/2014 lacre of greater $322.80 plus$150 per acre or fraction thereof 7/1/2014 Reinspection Fee $96.84 per hour with a minimum of 1 hour 7/1/2014 Plan Check included in inspection fee 7/1/2014 Plan Resubmittal Review $96.84 per hour with a minimum of 1/2 hour 7/1/2014 Fee In Lieu Of Bicycle Striping 8-inch white stripe $2.69 /linear foot of frontage 7/1/2014 Bike lane legends $188.30 /each 7/1/2014 Directional mini-arrows $107.60 /each 7/1/2014 Mono-directional reflective markers $4.30 /each 7/1/2014 Page 29 Department Revenue Source Fee or Charge Effective Date Fee In Lieu of Construction of an Onsite Stormwater Quality Facility $1.00 /per sq.ft.of untreated impervious area 8/1/2017 Fee In Lieu Of Undergrounding Utility Portion(one or more,accumulative): Electrical $75.00 /lineal foot 7/1/2018 Cable $15.00 /lineal foot 7/1/2018 Telecommunication $25.00 /lineal foot 7/1/2018 Trench Cost(applied only once,per lineal foot) $35.00 /lineal foot 7/1/2018 Other Inspections&Fees 1 Inspections outside of normal business hours(minimum charge-2 hours) 135.00 per hour 7/1/2019 2 Inspections for which no fee is specifically indicated(minimum charge:one-half hour) 135.00 per hour 7/1/2019 3 Additional plan review required by changes,additions or revisions to plans (minimum charge:one-half hour) 135.00 per hour 7/1/2019 Public Facility Improvement-LIDA*Permit $300.00 /equivalent dwelling unit(EDU) 8/1/2017 for review and inspection of LIDA on single lots * -LIDA+ Low Impact Development.\pproaches per Clean Water Services Design and Construction Standards Public Facility Improvement Permit 2%plan review plus 7/1/2009 5%of estimated cost of public improvement with a 7/1/2005 $300 minimum Advanced deposit of 10%of the above or minimum of$300 Reimbursement District Application Fee $300.00 1/27/1998 Reimbursement District Fee Not to Exceed$6,000.00 unless reimbursement fee exceeds$15,000.00. 7/1/2001 Any amount over$15,000.00 shall be reimbursed by the owner;$6,000.00 limit valid for only 3 years from Council approval of district cost. Streetlight Energy&Maintenance Fee Based upon PGE Schedule#95 Option"A" for the first two years costs 2000 Traffic/Pedestrian Signs Cost of materials and labor 2/7/2002 Page 30 Department Revenue Source Fee or Charge Effective Date Tigard Triangle Mixed Use Zone—Fees and Charges Transportation Impact Study Actual Cost of Study by City Transportation Consultant 7/1/2018 Transportation Fee in Lieu of Construction Estimated Cost of Improvements by City Engineer(determination based on an estimate to construct the required improvements using the average cost of the most recent capital improvement project itemized bid prices) 7/1/2018 Plan Check Meeting $300.00 /conference 7/1/2018 Page 31 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-UTILITIES Booster Pump Charge Meter Size(diameter inches) 5/8 x 3/4 $5.15 /monthly 1/1/2015 3/4 x 3/4 $7.42 /monthly 1/1/2015 1 $13.72 /monthly 1/1/2015 1.5 $41.16 /monthly 1/1/2015 2 $66.82 /monthly 1/1/2015 3 $117.83 /monthly 1/1/2015 4 $241.65 /monthly 1/1/2015 6 $257.23 /monthly 1/1/2015 8 $411.57 /monthly 1/1/2015 10 $804.11 /monthly 1/1/2015 12 $1,157.91 /monthly 1/1/2015 Customer Charge (Basicfee charged to customers to have the City deliver water.) Meter Size(diameter inches) 5/8 x 3/4 528.14 /monthly 1/1/2018 $29.36 /monthly 1/1/2019 $30.31 /monthly 1/1/2020 3/4 x 3/4 $10.96 1/1/2018 $42.29 /monthly 1/1/2019 $43.66 /monthly 1/1/2020 1 $63.74 /monthl} 1/1/2018 $65.86 /monthly 1/1/2019 $68.00 /monthly 1/1/2020 1.5 $168.16 1/1/2018 $173.93 /monthly 1/1/2019 $179.58 /monthly 1/1/2020 2 $273.32 1/1/2018 $282.20 /monthly 1/1/2019 $291.37 /monthly 1/1/2020 Page 32 Department Revenue Source Fee or Charge Effective Date 3 $537.99 /monthh ' 4!2018 $555.47 /monthly 1/1/2019 $573.52 /monthly 1/1/2020 4 S1,021.92 lififtfithly 1/1/2018 $1,055.13 /monthly 1/1/2019 $1,089.42 /monthly 1/1/2020 6 $1,115.83 /monthly 1/1/2018 $1,183.07 /monthly 1/1/2019 $1,221.52 /monthly 1/1/2020 8 S1,789.57 / monthly 1/1/2018 $1,847.73 /monthly 1/1/2019 $1,907.78 /monthly 1/1/2020 10 $3,302.19/ffiefttchly 1/1/2018 $3,409.51 /monthly 1/1/2019 $3,520.32 /monthly 1/1/2020 12 $1,672.38 iifieft.thly 1/1/2018 $4,824.23 /monthly 1/1/2019 $4,981.02 /monthly 1/1/2020 Final Notification Process Fee $10.00 /per instance 10/19/2016 Fire Hydrant Flow Test $400.00 /test 7/1/2018 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* $650.00 9/1/2002 *Deposit is refundable if returned in good condition Hook-up service $50.00 2/27/2001 Continued use $50.00 /month 2/27/2001 Consumption Current irrigation water usage rate 9/1/2002 per 100 cubic feet of water used Fire Rates(Sprinklers) 6"or smaller 84-930 /montt 7/1/2018 $19.93 /month 7/1/2019 Page 33 Department Revenue Source Fee or Charge 'e Date 8"or larger $23.33 /month 7/1/2018 $26.36 /month 7/1/2019 Fire Service Connection $1,624 : . .. 7/1/2018 $1,700 /+ 12%fee based on construction costs. 7/1/2019 Meter Disconnection Actual labor and material costs+ 10% 9/1/2002 Meter Installation Fees 5/8"x 3/4"Meter $405.00 7/1/2018 3/4"x 3/4"Meter $463.00 7/1/2018 1"Meter $636.00 7/1/2018 1 1/2"Meter $983.00 7/1/2018 2"Meter $1,272.00 7/1/2018 3"or more Meter Actual labor&materials+ 10% 9/1/2011 Meter Out-of-Order Test Meter calibration cost+actual labor 9/1/2002 and material costs+ 10% Sanitary Sewer Service(Fee set by Clean Water Services) (City receives 20%of fees collected) Base Charge $30.69 7/1/2018 $31.61 /dwelling unit/month 7/1/2019 Use Charge $2.03 100 cubic f__t/month f.__ 7/1/2018 $2.09 /100 cubic feet/month for 7/1/2019 individual customer winter average Tigard Sewer Surcharge $2.27 tnth 7/1-/2018 $2.37 /dwelling unit/month 7/1/2019 Service Installation Fees Single Trench-Single Residential Service $3,815.00 indudes labor&materials 7/1/2018 1 1/2"Meter and greater Actual labor and material costs+ 10% 10/1/2011 Storm and Surface Water(Fee set by Clean Water Services) (City retains 75%of Service Charge fees collected) (City retains 100%of its Surcharge fees collected) Service Charge $8.75 /ESU/month 7/1/2018 S9.25 /ESU/month 7/1/2019 Tigard Stormwater Surcharge $2.00 /ESU/month 7/1/2009 Water After Hours Emergency Turn On Service* $65.00 7/1/2017 *Service Hours Outside of Monday through Friday 8:00 am-5:00 pm Page 34 Department Revenue Source Fee or Charge Effective Date Water Bacteriological Quality Testing Cost per test $80.00 7/1/2018 Water Disconnection Charge for Non-payment During business hours $50.00 2/27/2001 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Water Usage Charges Residential Ticr 1 $3.68 1/1/2018 Tier 2 $5.3-7 /100 cubic feet of water 1/1/2018 Tier 3 $6-14 100 cubic feet of wate_ 1/1/2018 Tier 1 $3.80 /100 cubic feet of water 1/1/2019 Tier 2 $5.54 /100 cubic feet of water 1/1/2019 Tier 3 $6.34 /100 cubic feet of water 1/1/2019 Tier 1 $3.92 /100 cubic feet of water 1/1/2020 Tier 2 $5.72 /100 cubic feet of water 1/1/2020 Tier 3 $6.55 /100 cubic feet of water 1/1/2020 Multi-Family Ticr 1 $3-06 /100 enb1..feet of____ter 1/1/2018 Tier 2 $1.17 /100 cubic feet of water 1/1/2018 Tier3 $542 /100 cubic feet of water 1/1/2018 Tier 1 $3.16 /100 cubic feet of water 1/1/2019 Tier 2 $4.62 /100 cubic feet of water 1/1/2019 Tier 3 $5.29 /100 cubic feet of water 1/1/2019 Tier 1 $3.26 /100 cubic feet of water 1/1/2020 Tier 2 $4.77 /100 cubic feet of water 1/1/2020 Tier 3 $5.46 /100 cubic feet of water 1/1/2020 Commercial Tier 1 S1.18 /100 cubic feet of water 1/1/2018 Ticr 2 $640 /100 cubic feet o fwater 1/1/2018 Tier 3 $6.97 /100 cubic feet of water 1/1/2018 Page 35 Department Revenue Source Fee or Charge Effective Dao Tier 1 $4.32 /100 cubic feet of water 1/1/2019 Tier 2 $6.30 /100 cubic feet of water 1/1/2019 Tier 3 $7.20 /100 cubic feet of water 1/1/2019 Tier 1 $4.46 /100 cubic feet of water 1/1/2020 Tier 2 $6.50 /100 cubic feet of water 1/1/2020 Tier 3 $7.43 /100 cubic feet of water 1/1/2020 Industrial Uniform Rate $5-82 1- tenthly 1/1/2018 $6.01 /monthly 1/1/2019 $6.21 /monthly 1/1/2020 Irrigation Uniform Rate $8.26/nertrly 1/1/2018 $8.53 /monthly 1/1/2019 S8.81 /monthly 1/1/2020 Tiered Rate Structure Thresholds(100 cubic feet of water) Meter Size 5/8 x 3/4 Tier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf 3/4 x 3/4 Tier 1 9 ccf Tier 2 22 ccf Tier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf 1.5 Tier 1 48 ccf Tier 2 120 ccf Tier 3 over 120 ccf 2 Tier 1 78 ccf Tier 2 195 ccf Tier 3 over 195 ccf 3 Tier 1 137 ccf Tier 2 344 ccf Tier 3 over 344 ccf Page 36 Department Revenue Source Fee or Charge Effective Date 4 Tier 1 282 ccf Tier 2 705 ccf Tier 3 over 705 ccf 6 Tier 1 300 ccf Tier 2 750 ccf Tier 3 over 750 ccf 8 Tier 1 480 ccf Tier 2 1,200 ccf Tier 3 over 1,200 ccf 10 Tier 1 938 ccf Tier 2 2,345 ccf Tier 3 over 2,345 ccf 12 Tier 1 1,350 ccf Tier 2 3,376 ccf Tier 3 over 3,376 ccf Street Maintenance Fee(TMC 15.20) Monthly Residential Rate-Single and Multi-Family 5644 1/1/2018 $6.83 /unit 1/1/2019 $7.30 /unit 1/1/2020 Monthly Non-Residential Rate $2.1-9 - ..:. 1/1/2018 $2.24 /per min required parking space 1/1/2019 S2.39 /per min required parking space 1/1/2020 Staff Review No Charge City Council Written Appeal Filing Fee $300.00 Tigard Transportation Utility Fee(River Terrace) $5.00 /month 10/1/2016 Meter Maintenance Fee(TMC 12.01) $50.00 per required service 7/1/2018 Page 37 Department Revenue Source Fee or Charge Authority Effective Date PUBLIC WORKS-PARKS&RECREATION Community Garden Plot Rental Large(>120 sq.ft.) $60.00 /year 8/1/2017 Medium(60-119 sq.ft.) $40.00 /year 7/1/2018 Small(<60 sq.ft.) $30.00 /year 8/1/2017 Non-resident fee(additional Mazer School Park) $5.00 /plot/year 8/1/2017 Park Reservation Fees Application Fee Resident $25.00 /per event 7/1/2010 Non-Resident $50.00 /per event 7/1/2010 Rental Change Fee $15.00 /per event 7/1/2011 Organized Group Event Processing Fee $50.00 /per event 7/1/2012 Event Monitor $15.00 /hour 7/1/2012 Special Use/Alcohol Permit Fee $25.00 /per event 7/1/2010 (Fee assessed at time of reservation) Special Event Permit Fee(First 3 hours) $75.00 0 to 100 people 7/1/2013 $175.00 101 to 200 people 7/1/2013 $275.00 201 to 500 people 7/1/2013 $475.00 501 to 2000 people 7/1/2013 $1,000.00 2001 and more 7/1/2013 (Each Additional Hour) $25.00 0 to 100 people 7/1/2013 $55.00 101 to 200 people 7/1/2013 $90.00 201 to 500 people 7/1/2013 $155.00 501 to 2000 people 7/1/2013 $330.00 2001 and more 7/1/2013 Shelter Rental Fees(2 hour minimum) Shelter#2 Resident $35.00 /hour 7/1/2012 Non-Resident $70.00 /hour 7/1/2012 Shelter#1,#3,#4,Bishop/Scheckla Pavilion,&Summerlake Resident $25.00 /hour 7/1/2012 Non-Resident $50.00 /hour 7/1/2012 Soccer/Ball Field Rental Fee(2 hour minimum) Resident $10.00 /hour 7/1/2010 Non-Resident $20.00 /hour 7/1/2010 Court(Sports)Rental Fee Resident $10.00 /hour 7/1/2019 Non-Resident $20.00 /hour 7/1/2019 Fanno Creek Mouse Rental Resident $55.00 /hour 8/1/2017 Non-Resident $95.00 /hour 8/1/2017 Resident $385.00 /day 7/1/2018 Non-Resident $665.00 /day 7/1/2018 Page 38 Department Revenue Source Fee or Charge Authority Effective Date l)irksen Nature Park Meeting Room Resident $45.00 /hour 8/1/2017 Non-Resident $75.00 /hour 8/1/2017 Resident $315.00 /day 7/1/2018 Non-Resident $525.00 /day 7/1/2018 Classroom Resident $40.00 /hour 8/1/2017 Non-Resident $70.00 /hour 8/1/2017 Resident $280.00 /day 7/1/2018 Non-Resident $500.00 /day 8/1/2017 Non-Resident $490.00 /day 7/1/2018 (If this is 2nd Room-50%discount) Room Rental Monitor For Hours Outside City Business Hours $15.00 /hour 8/1/2017 Refundable Security/Cleaning Deposit May be required for some events to mitigate Not to exceed$500 7/1/2018 possible cleanup and/or damages. Page 39 Department Revenue Source ; Fee or Charge Authority Effective Date PUBLIC WORKS-PARKS Parks& Recreation Fee(TMC 3.75) Monthly Residential Rate-Single and Multi-Family $449 5/1/2019 $5.91 /equivalent dwelling unit 7/1/2019 Monthly Non-Residential Rate $449 '&3 5/1/2019 $5.91 /equivalent dwelling unit I&3 7/1/2019 Reduction for Qualified Low Income Single Family 50% 4/1/2016 Notes: 1 Commercial EDU Calculation(rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee*0.76 Jobs Per Stall)/15 EDU Factor =EDUs 2 Industrial EDU Calculation(rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee* 1.19 Jobs Per Stall)/15 EDU Factor =EDUs Calculation of the annual Park Maintenance Fee Index(from FCS Group report"Tigard Parks Maintenance Fee: Report to Council for January 12,2016 Public Hearing" Cost Center Annual Rate Weight Personnel 4.80% 0.60 Services/Utilities 3.00% 0.25 Materials/Internal Services 4.20% 0.15 Annual Index(Weighted Average) 4.26% TMC 3.75.050.D authorizes the establishment of a program to reduce the Park Maintenance Fee for low income individuals responsible for paying the utility bill. The reduction will last for 12 billing cycles after which the fee reduction will end or the responsible party can reapply To Qualify for the reduction,the responsible party: 1 Must be the individual(s)on the utility bill 2 Provide documented proof of income such as most recent tax statement or W-2. 3 Have an income at,or below,50%of the Median Income for Oregon as set by the US Department of Housing and Urban Development(HUD). Page 40 Revenue Source Fee or Charge Effective Date Solid Waste Collection Rates Residential Cart Collections Recycling only(carts&yard debris cart) $13.87 1/1/2018 $14.41 1/1/2019 TBD 1/1/2020 (recycling cart only) $7.13 1/1/2018 $7.72 1/1/2019 TBD 1/1/2020 (yard debris only) $6.13 1/1/2018 $6.68 1/1/2019 TBD 1/1/2020 Mini cart(20 gal)with yard debris $22.29 1/1/2018 $23.16 1/1/2019 TBD 1/1/2020 yard debris exempt $19.80 1/1/2018 $20.57 1/1/2019 TBD 1/1/2020 Cart(32 gal)with yard debris S25.39 1/1/2018 $26.38 1/1/2019 TBD 1/1/2020 yard debris exempt $22.79 1/1/2018 $23.68 1/1/2019 TBD 1/1/2020 Cart(60 gal)with yard debris $37.76 1/1/2018 $39.23 1/1/2019 TBD 1/1/2020 Cart(90 gal)with yard debris $15.08 1/1/2018 $46.84 1/1/2019 TBD 1/1/2020 On-call service(mixed waste,recycling cart and yard debris $12.75 1/1/2018 $13.25 1/1/2019 TBD 1/1/2020 Overload Fee(Small Extra Bag) $2.23 1/1/2019 TBD 1/1/2020 Recycling Surcharge* 4:50 7/1/2018 Page 41 Revenue Source Fee or Charge Effective Date Commercial Cart Collections 20 gallon $22.201 1/1/2018 $23.16 1/1/2019 TBD 1/1/2020 32 gallon $45739 1/1/2018 $26.38 1/1/2019 TBD 1/1/2020 60 gallon $37.76 1/1/2018 $39.23 1/1/2019 TBD 1/1/2020 90 gallon $15.08 1/1/2018 $46.84 1/1/2019 1BD 1/1/2020 544 7/1/2018 Weekly Collection Frequency Every other Week One Two Three Four Five One yard $67.81 $110.82 $207.21 $299.86 $392.51 $185.10 1/1/2018 $70.48 $115.14 $215.29 $311.55 $407.82 $504.33 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $72.68 $110.20 $207.57 $271.96 $312.18 1/1/2018 $75.52 $145.67 $215.66 $285.68 $355.84 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 One and 1/2 yards $79.82 $112.32 $262.66 $382.91 $503.16 $623.52 1/1/2018 $82.93 $147.87 $272.91 $397.84 $522.78 $647.84 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $100.66 $195.65 $290. 1 $385.59 $480.61 1/1/2018 $104.59 $203.28 $301.97 $400.63 $499.35 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Two yards $93.56 $170.31 $318.18 $166.02 $613.83 $761.65 1/1/2018 $97.21 $176.99 $330.59 $484.19 $637.76 $791.35 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $128.70 $251.19 $373.73 $496.27 $618.71 1/1/2018 $133.72 $260.98 $388.30 $515.62 $642.87 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Three yards $121.14 $226.21 $129.20 $632.08 $834.99 $1,037.99 1/1/2018 $125.87 $235.04 $445.94 $656.73 $867.56 $1,078.47 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Page 42 Revenue Source Fee or Charge Effective Date Each additional $362.19 ;W9.6u 1 .15 1/1/2U i 8 $191.75 $376.31 $560.86 $745.41 $929.98 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Four yards $118.71 $282.10 $510.28 $798.22 $1,056.16 $1,317.92 1/1/2018 $154.54 $293.10 $561.35 $829.35 $1,097.35 $1,369.32 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $211.06 $473.27 $705.93 $938.62 $1,171.12 1/1/2018 $250.46 $491.73 $733.46 $975.22 $1,217.11 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Five yards $176.19 $338.01 $651.16 $961.28 $1,277.10 $1,590.53 1/1/2018 $183.07 $351.23 $676.56 $1,001.89 $1,327.22 $1,652.57 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $296.10 $584.19 $872.00 $1,159.81 $1,117.61 1/1/2018 $307.96 $606.97 $906.00 $1,205.07 $1,504.07 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Six yards $203.80 $393.65 $761.95 $1,130.12 $4498.30 $4786648 1/1/2018 $211.75 $409.00 $791.67 $1,174.20 $1,556.73 $1,939.38 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $352.01 $691.91 $1,037.82 $1,380.73 $1,723.68 1/1/2018 $365.74 $722.05 $1,078.29 $1,434.58 $1,790.91 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Eight yards $258.85 $506.11 $981.81 $1,163.27 $1,911.66 $2,420.09 1/1/2018 $268.95 $526.19 $1,023.24 $1,520.33 $2,017.38 $2,514.47 1/1/2019 TBD TBD TBD TBD TBD TBD 1/1/2020 Each additional $161.80 $917.85 $1,370.98 $1,821.10 $272;74-61/1/2018 $482.93 $953.64 $1,424.45 $1,895.24 $2,365.97 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Recycling Surcharget $01-98 /yard/collection 7/1/2018 1 yard compacted $219.35 $166.21 $671.70 $882.06 $1,092.18 1/1/2018 $259.07 $484.42 $701.01 $916.46 $1,134.78 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 2 yard compacted $383.28 $715.89 $1,018.51 $1,381.11 $1,713.75 1/1/2018 $398.23 $743.81 $1,089.43 $1,435.00 $1,780.58 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 Page 43 Revenue Source Fee or Charge Effective Date 3 yard compacted $965.65 ,122.12 $1,878.68 $2,335.11 -4 $528.83 $1,003.34 $1,477.58 $1,951.95 $2,426.50 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 4 yard compacted $631.74 $1,215.63 X96..00 $2,376.36 $2,965.28 1/1/2018 $659.49 $1,263.04 $1,866.04 $2,469.04 $3,080.93 1/1/2019 TBD TBD TBD TBD TBD 1/1/2020 5 /compacted yard/collection 7/1/2018 Drop Box Collections 10 Cubic Yard Container $118.59 1/1/2018 $154.38 1/1/2019 TBD 1/1/2020 20 Cubic Yard Container $118.59 1/1/2018 $154.38 1/1/2019 TBD 1/1/2020 30 Cubic Yard Container $148.59 1/1/2018 $154.38 1/1/2019 TBD 1/1/2020 40 Cubic Yard Container $118.59 1/1/2018 $154.38 1/1/2019 TBD 1/1/2020 All Compactors $155.21 1/1/2018 $161.30 1/1/2019 TBD 1/1/2020 Delivery $75.10 1/1/2018 $78.34 1/1/2019 TBD 1/1/2020 Lidded Drop Box Rent $9.22 1/1/2019 TBD 1/1/2020 Demurrage 20 Cubic Yard Container $5.54 10/20 Yard Box after 18 houra 1/1/2018 $5.76 10/20 Yard Box after 48 hours 1/1/2019 TBD 10/20 Yard Box after 48 hours 1/1/2020 30 Cubic Yard Container 30 Yard Box after 18 houra 1/1/2018 $7.61 30 Yard Box after 48 hours 1/1/2019 TBD 30 Yard Box after 48 hours 1/1/2020 40 Cubic Yard Container 4,742 10 Y rd Boa afte_,,8 hou_3 1/1/2018 $7.61 40 Yard Box after 48 hours 1/1/2019 TBD 40 Yard Box after 48 hours 1/1/2020 Page 44 Revenue Source Fee or Charge Effective Date All Compactors Delivery $8.87 Drop Box with Lid 1/1/2018 Service Fee plus actual disposal cost and franchise fee $9.22 Drop Box with Lid 1/1/2019 TBD Drop Box with Lid 1/1/2020 Medical Waste Collections** On-Site Pick-up Charge $31.61 Rate is the on aitc collection 1/1/2018 $32.84 1/1/2019 TBD 1/1/2020 Disposal Cost per 17 to 31 gallon unit $22.53 charge plug the diapoaal coat per 1/1/2018 $23.41 1/1/2019 TBD 1/1/2020 Disposal Cost per 43 gallon unit $2.740 medical cont.i_e_unit 1/1/2018 $28.37 1/1/2019 TBD 1/1/2020 Rate is the on-site collection charge plus the disposal cost per medical container unit. Miscellaneous Service Rates Extra mixed waste per cart-overload fee(based on 32 gallon capacity) $1.13 rreaee 1/1/2013 $4.60 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Extra yard debris(manual up to 32 gallon) $3.33 /occurrence 1/1/2018 $3.46 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Additional yard debris service (second 60 gallon cart) 3349 /occurrence 1/1/2018 $4.04 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Call back/return for pick up of inaccessible cart per service call $13.30 /occurrence 1/1/2018 $13.82 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Yard service rate-extra distance away from curb after first 5 feet $1.13 /occurrence 1/1/2018 $4.60 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Special service fees $79.84 /occurrence 1/1/2018 $82.96 /occurrence 1/1/2019 TBD /occurrence 1/1/2020 Account reinstatement fee $30.00 /occurrence 7/1/2014 NSF check fee $35.00 /occurrence 7/1/2014 Tire disposal Hourly Rate+disposal fee * For billing purpoacs,the recycling aurchargc may be added to the monthly rate. Page 45 Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Park System Development Charge(SDC)* Single Family Detached Dwelling-Reimbursement $1,361 7/1/2018 $1,530 7/1/2019 Single Family Detached Dwelling-Improvement $1,914 7/1/2018 $5,523 7/1/2019 Single Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,822 7/1/2018 $2,048 7/1/2019 Inside River Terrace $27289 7/1/2018 $2,539 7/1/2019 Multi-Family Detached Dwelling-Reimbursement 8 O 7/1/2018 $978 7/1/2019 Multi-Family Detached Dwelling-Improvement $477440 7/1/2018 $4,159 7/1/2019 Multi-Family Detached Dwelling-Improvement for Neighborhood Parks Outside River Terrace $1,371 7/1/2018 $1,541 7/1/2019 Inside River Terrace $177013 7/1/2018 $1,911 7/1/2019 Non-Residential(Per Employee)-Reimbursement 7/1/2018 $87 7/1/2019 Non-Residential(Per Employee)-Improvement $121 7/1/2018 $477 7/1/2019 *See methodology report used to calculate the charges. The Park System Development Charge(Park SDC)is a City of Tigard charge that is assessed on new development to support the acquisition and development of parks,greenways,and paved trails,all of which are used by residents of Tigard and by those who work here. The Park SDC is a one-time fee charged to new development to help pay a portion of the costs associated with building additional parks and trails to meet the needs created by both residential and commercial/industrial growth. The SDC revenues can only be used on capacity-increasing capital improvements and cannot be used to repair existing park facilities. Park SDCs are assessed on new residential development on a per-unit basis and against commercial and industrial development on a per-employee basis. The amount of the charge for each land use category is adjusted each year,effective July 1st,in relation to two indices,one reflecting changes in development/construction costs and one reflecting changes in land acquisition costs. For more detailed/updated information on calculating Park SDC's see"Parks&Recreation System Development Charge Methodology Report,"by FCS Group,May 19,2015. Adopted by Ord. 15-09. Page 46 Department Revenue Source Fee or Charge Revised Fees Effective Data PUBLIC WORKS-WATER Water System Development Charge(SDC)* 5/8" x 3/4" Meter $8,596 7/1/2018 $9,000 7/1/2019 3/4" x 3/4" Meter 442480 7/1/2018 $12,962 7/1/2019 1" Meter $22,932 7/1/2018 $24,010 7/1/2019 1 1/2"Meter $68,754 7/1/2018 $71,986 7/1/2019 2" Meter $111,614 7/1/2018 $116,892 7/1/2019 3" Meter $196,879 7/1/2018 $206,133 7/1/2019 4" Meter $103,776 7/1/2018 $422,753 7/1/2019 6" Meter $129,817 7/1/2018 $450,018 7/1/2019 8" Meter $687,705 7/1/2018 $720,027 7/1/2019 Water system connections greater than 8 inch diameter,City will forecast the demands on an average-day,peak-day,and peak-hour hash to determine SDC fees. *As per ORS 223.304(8)Res. 10-76,the City will use ENR Seattle CCI for the month of April prior to the budget year imposed. The ENR Seattle CCI forApril2019 is 4.7%. The multiplier 1.047 is used for all Water SDCs effective 711/2019. • Page 47 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES PLANNING Residential Transportation System Development Charge(SDC)* Single Family Detached Dwelling Reimbursement $313 7/1/2018 Single Family Detached Dwelling Improvement $5,953 7/1/2018 Single Family Detached Dwelling River Tcrracc Overlay** $2,911 7/1/2018 Single Family Detached Dwelling-Reimbursement $365 7/1/2019 Single Family Detached Dwelling-Improvement $6,335 7/1/2019 Single Family Detached Dwelling-River Terrace Overlay** $3,099 7/1/2019 e .. :. 4290 7/1/2018 • $3,172 7/1/2018 Multi Family Dwelling River Tcrracc Overlay $1,698 7/1/2018 Multi-Family Dwelling-Reimbursement $213 7/1/2019 Multi-Family Dwelling-Improvement $3,696 7/1/2019 Multi-Family Dwelling-River Terrace Overlay $1,808 7/1/2019 Non-Residential Transportation System Development Charge(SDC)***^ Avg.charge per PHVT Reimbursement 460.00 10/1/2013 Avg.charge per PHVT Improvement $2,790.000 10/1/2018 Avg.charge per PHVT River Tcrracc** $34040 10/1/2018 Avg.charge per PHVT-Reimbursement $320.00 10/1/2019 Avg.charge per PHVT-Improvement $5,570.00 10/1/2019 Avg.charge per PHVT-River Terrace** $690.00 10/1/2019 Avg.charge per PHUT-Reimbursement $483.00 10/1/2020 Avg.charge per PHVT-Improvement $8,362.00 10/1/2020 Avg.charge per PHVT-River Terrace** $1,030.00 10/1/2020 *See Adopted Methodology Report used to calculate the charges. **Based on 50%Credit Policy for the "local" elements of River Terrace Blvd. *** Non-residential SDCs will be based on average charges by Peak Hour Vehicle Trips(PHVT) and shall vary by land use type using procedures established in the Tigard SDC Administrative Procedures Guide. ^ Non-residential SDCs charged to customers will not exceed 80%of the Transportation Development Tax(TDT)charged as set by Washington County. When the calculated amount does exceed 80%of TDT,the non-residential TSDC charged will be 80%of TDT. For more detailed and updated information on calculating Transportation SDC's see"Transportation System Development Charge Methodology Report,"by FCS Group,April 28,2015. Page 48 Department Revenue Source Fee or Charge Effective Date Transportation SDC Annual Adjustment 7/1/2015 Transportation SDC fees shall be adjusted annually on July 1st of each year beginning in 2016. The index to be used for adjusting transportation SDCs will based on the weighted average of the year over year escalation for two measurements:90 percent multiplied by the Engineering News Record Construction Cost Index for the Seattle Area percent change plus 10 percent multiplied by the Oregon Department of Transportation monthly asphalt price(annualized)percent change. Transit Oriented Development Potential Discount Level Potential Reduction 1 10% 2 17% 3 20% 4 25% For full details of the TSDC Discount Criteria,see the adopted System Development Charge Administrative Procedures Guide. Page 49 Department Revenue Source Fee or Charge Effective Date COMMUNITY DEVELOPMENT-DEVELOPMENT SERVICES ENGINEERING Countywide Transportation Development Tax(TDT)-(Example Land Uses and Charges*) Single Family Detached $8,706 /per unit 7/1/2018 $8,968 /per unit 7/1/2019 Apartment $5,696 /per unit 7/1/2018 $5,867 /per unit 7/1/2019 Residential Condominium/Townhouse $5,207 /per unit 7/1/2018 $5,364 /per unit 7/1/2019 General Office Building $9,137 (per TSFCFA**) 7/1/2018 $9,412 (per TSFGFA**) 7/1/2019 Shopping Center $11,955 7/1/2018 $12,314 (per TSFGLA**) 7/1/2019 The Countywide Transportation Development Tax(TDT)is a Washington County Tax approved by the voters in November, 2008,that is administered and collected by the City of Tigard. It went into effect on July 1,2009,replacing the Traffic Impact Fee (TIF)program. Like TIF,TDT is assessed on new development to help provide funds for the increased capacity transportation improvements needed to accommodate the additional vehicle traffic and demand for transit facilities generated by that development. It provides funds for these capacity improvements to county and city arterials,certain collectors,and certain state and transit facilities as listed in the County's Capital Improvements Project List. The TDT is categorized as an Improvement Fee:revenue must be dedicated to capital improvements that expand capacity and may not be used for maintenance,repair,or other non-capital improvements. TDTs are assessed on new development on a per-unit basis. For residential uses the units are dwelling units,bedrooms,etc. For commercial and industrial uses the units are the square footage of the use or units unique to the use such as lanes,fueling positions,etc. For information about the TDT regarding a specific project contact the City's Permits/Projects Coordinator at(503)718-2426. * For more detailed information on calculating TDT charges and a detailed list of Land Uses and TDT charges through 6/30/2013 see Appendix B to Washington County Engrossed Ordinance 691,August 29,2008 and the Washington County Countywide Transportation Development Tax Manual. ** TSFGFA=thousand square feet gross floor area;TSFGLA=thousand square feet gross leasable area. Page 50 AIS-3846 12. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 40 Minutes Agenda Title: Solid Waste Rates Briefing Prepared For: Toby LaFrance Submitted By: Kelly Burgoyne, Central Services Item Type: Update, Discussion, Meeting Type: Council Direct Staff Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Presentation of Solid Waste Rate Study results. STAFF RECOMMENDATION / ACTION REQUEST Staff is seeking guidance on Solid Waste Rates to take effect July 1, 2019. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (TMC) 11.04 covers solid waste management in Tigard. Aspects of the code cover the setting of solid waste rates: •Franchised waste haulers will make a profit of 8 to 12 percent each calendar year (TMC 11.04.090.E.4). •Cost of service rate studies will be conducted when the aggregate profit falls outside the range (TMC11.04.090.E.4.a) or at a minimum of every six years (TMC 11.04.090.E.4.6). •The new rates will be effective on July 1st and will be intended to produce an aggregate rate of return of 10% for the following calendar year. When rates are set in the middle of a calendar year, the expected aggregate rate of return for the haulers during that calendar year shall be reported to the haulers (TMC11.04.090.E.4.a). During 2018, the haulers rate of return was seven percent, falling outside of the return set in TMC. It has been six years since a cost of service analysis was performed on Tigard's rates. In addition, Tigard will be starting a food waste program for commercial customers. The study attached to this AIS provides cost of service rate analysis and recommended changes to Tigard's solid waste rates. The purpose of a cost of service rate study is to proved a fair and equitable method of allocating service costs to customers based on the actual cost of providing different services to different customer types. Once the study is complete, Council can then consider the rates and determine if there are policy considerations that would warrant charging rates that are different than cost of service. There are two primary policy decisions for Council: 1. Implementing rate changes by customer class that reflect the cost of service will result in an increase in residential rates of 5.7% and a no change in commercial rates. The rate study provides two other alternatives for how residential rates can be addressed in a cost of service manner and an additional alternative for both residential and commercial customers that would moderately alter rates reflective of the cost of service and is provided for the sake of policy discussion. a. For residential rates, the 5.7% increase can be evenly spread across all cart sizes as shown in Table 6 of the attached study. Alternatively, residential rates can be altered by the cost of service for each cart size as shown in Table 6A. Table 6 represents a 20 year old policy decision to make larger carts more expensive to incentivize smaller carts with the thought that the smaller garbage cart would lead to more recycling. Table 6A is the actual cost of providing the service which depends less on the cart size and more on the cost of collecting the carts. There is some discussion that the smaller carts are leading to more garbage going in recycle bins and increasing the cost of recycling. This is how the commercial drop box rates are set. b.The additional alternative would increase commercial and residential rates across the board by 2.6%. This is discussed at the bottom of page 4 of the report. 2. Cost of service rates are included for the new food waste program. Shall the customers of the new program be charged the full cost of the new program through rates, or shall the cost of the program be allocated to the commercial class of all commercial customers in Tigard. OTHER ALTERNATIVES Council could ask for additional alternatives for the solid waste rates provided. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time Council has considered the results of the cost of service soled waste rate study. Fiscal Impact Cost: $0 Budgeted (yes or no): NA Where Budgeted (department/program):NA Additional Fiscal Notes: The results of the rate study does not impact the finances of the City of Tigard. Solid waste fees are not collected by the city of Tigard, but by the franchised solid waste haulers. The rates wil impact solid waste customers in Tigard. Attachments Solid Waste Rate Study Solid Waste & II . Recycling Rate TIGARD Review Report ' .,... ..,..: i ,_ .-r, - A '4 4 :V; ,, 31Z; -'- le ite ll*. 41111171V-2 -N Nk 4110 1 0 VP i F#1.4/.:I.1:1.16BELL & ASSOCIATES, INC. I MAY 2019 City of Tigard Solid Waste Rate Review Table of Contents Background 1 Annual Cost Report 1 Adjusted Report 1 Table 1: Adjusted 2018 Tigard Results 1 Projected Results for 2018 2 Table 2: Assumed Inflation Factors 2 Year to Year Comparison of Expenses 2 Table 3: Revenue and Expense Comparison from 2018 to 2020 2 Table 4: Projected 2020 Tigard Results 3 Table 5: Residential Rate Calculation 3 Table 6: Calculation of the Cart Collection Service Rate 3 Table 6A: Cost of Cart Collection Service 4 Table 7: Proposed Drop Box Haul Rates 4 Medical Waste Collection Rates 5 Table 8: Proposed Medical Collection Rates 5 Food Waste Collection Costs and Rate Alternatives 6 Table 9: Estimated Food Waste Program Participants 6 Table 10: Commercial Food Waste Cost of Service Rates 6 Table 11: Food Waste Program Costs and Rate Impacts 7 2018 Tigard Adjusted Results 9 2019 Tigard Projected Results 10 2020 Tigard Projected Results 11 Bell&Associates, inc. City of Tigard 2018 SW Rate Review Report Background The City of Tigard (City) contracted with Bell &Associates, a consulting firm with expertise in solid waste collection operations, to provide the City with solid waste and recycling consulting services. In March 2019, Pride Disposal and Waste Management submitted their annual detailed cost reports to the City for the calendar year 2018. Annual Cost Report Collection of waste and recycling within Tigard is accomplished under an exclusive franchise agreement between Pride Disposal, Waste Management, and the City. The report provides line-item costs and revenues associated with providing service within the City as well as combined line item totals for their non-Tigard operations. The format of the report provides the capacity to calculate the cost of service for each line of business (cart, container, and drop box). Cart collection is primarily residential customers whereas business customers are serviced with a container. Reported results were analyzed and the following tasks were completed: a. Analyze reported route collection hours to the reported customer counts for each line of business. b. Using a predictive test of revenue for each line of business, ensure the reported revenues are reasonable for the number of reported customers. c. By thoroughly reviewing the reported direct cost line items, determine if the expense is reasonable in relation to the customer and operational data entered from the detailed cost report. d. Utilize a predictive test of disposal to determine if the reported disposal expense is reasonable. e. Using the reported administrative line items, determine if the expense is reasonable in relation to the operational data entered from the detailed cost report. f. Review the costs between the City and Pride's other franchised collection operations to determine if the allocations are reasonable. Adjusted Report Financial data was consolidated by service, showing the collection systems total revenues and expenses. This consolidated report allows the calculation of the system's return-on-revenue and provides a measure of the adequacy of rates. Table 1 details the return for each collection service provided within the Tigard franchise collection system. Table 1: Adjusted 2018 Tigard Results Cost Component Roll Cart Container Drop Box Composite Revenues 5,080,846 4,438,758 3,718,647 13,238,251 Allowable Costs for Rates 4,834,055 3,998,798 3,474,697 12,307,550 Franchise Income 246,791 439,960 243,950 930,701 Return on Revenues 4.9% 9.9% 6.6% 7.0% ap.. Bell&Associates, Inc. 2018 SW Rate Review Report Projected Results for 2018 Projected revenues for the calendar year were calculated on the combined 3.9% rate increase that was effective in Table 2: Assumed Inflation Factors January 2019 as well as the recycling surcharge enacted Expense Increase in July 2018 for residential and commercial service. Driver Wages 3.66% The line item expenses from 2018 were adjusted to SW Disposal Fees 1.83% project the results for 2020 using assumptions based on Yard Debris Processing 23.5% contractual obligations such as the labor agreement Health Insurance 4.22% between Pride Disposal and the union drivers, estimated Truck Replacement 4.89% disposal increases, changes for yard debris disposal, truck replacement, and estimated inflation. Inflation /Administration 3.90% Food Waste Collection 25.60% The increased costs of the food waste collection program were calculated and included in the overall composite costs. The estimated increase of$21,093 for Phase 1 is 25.6% of other collection costs. Table 2 summarizes the inflation assumptions. Year to Year Comparison of Expenses Projected increases from the rate increases combined with increases in expenses from 2018 to 2020 are summarized in Table 3. Table 3: Revenue and Expense Comparison from 2018 to 2020 Description 2018 Actual 2020 Projected Service Revenue $13,238,251 $13,814,249 4.4% SW and Yard Debris Disposal $4,503,443 $4,614,912 2.5% Recycling Processing $615,456 $759,012 23.3% Labor, Health Ins, & Payroll Taxes $2,583,557 $2,680,634 3.8% Truck, Fuel, Repair& Maintenance $1,629,778 $1,685,151 3.4% Equipment and Containers $339,382 $344,667 1.6% Franchise Fees $642,125 $670,462 4.4% Other Direct Expense / Food Waste $345,151 $373,946 8.3% Management & Administration $1,649,376 $1,703,567 3.3% Total Expenses' $12,308,268 $12,832,351 4.3% The estimated rate of return for the current year for each service is detailed on page 10. 1 Includes$1,992 of unallowable costs which are adjusted for the calculation of rates. c- Bell&Associates, Inc. 2018 SW Rate Review Report Combining the increased revenue and expenses allows for the projection of the expected results of collection operations for the calendar year 2020. Table 4 is a summarization of the results. Table 4: Projected 2020 Tigard Results Cost Component Roll Cart Container Drop Box Composite Revenues $5,289,470 $4,723,996 $3,800,783 $13,814,249 Total Allowable Cost $5,046,438 $4,248,676 $3,535,245 $12,830,359 Franchise Income $243,032 $475,320 $265,538 $983,890 Return on Revenues 4.59% 10.06% 6.99% 7.12% Target Rate of Return 10.00% 10.00% 10.00% 10.00% Residential Collection Table 5: Residential Rate Calculation Residential revenue is projected to finish 2020 at Description Amount 4.59%; therefore, an increase is needed in 2020 to Projected Allowable Costs $4,782,201 bring the rate to a 10% return. Table 5 details the calculation for the increased collection cost. Table 6 Margin @ 10% $531,356 compares the two rate increase methods calculated Franchise Fees @ 5% $279,661 in Table 5; either a uniform percentage increase on Revenue Requirement $5,593,218 the current rate or a flat dollar amount increase mommiiiii across all weekly cart customers. 2020 Projected Revenue $5,289,470 Required Revenue Increase $303,748 Increase Percentage 5.7% Cost per Customer per Month $1.78 Table 6: Calculation of the Cart Collection Service Rate Cart Service Customers 2019 Rate 5'7% 2020 Rate $1.78 Rate % • Increase Increase One 20 gallon 1,826 $24.66 $1.41 $26.07 . $26.44 6.7% One 35 gallon 8,986 $27.88 $1.59 $29.47 . $29.66 5.9% One 60 gallon 2,525 $40.73 $2.32 $43.05 $42.51 4.0% One 90 gallon 470 $48.34 $2.76 $51.10 I $50.12 3.4% Com I MF.35 gal 65 $27.88 $1.59 $29.47 . $29.66 5.9% Com/MF 60 gal 113 $40.73 $2.32 $43.05 . $42.51 4.0% Com I MF 90 gal 266 $48.34 $2.76 $51.10 . $50.12 3.4% S Bell &Associates, Inc. 2018 SW Rate Review Report The current rate structure was established approximately 20 years ago to provide a financial incentive to recycle; therefore, the cart rates were not established at the cost of service. Table 6A, details the cost of service for each container size and the change from the current rates to a cost of service rate. Table 6A: Cost of Cart Collection Service Cart Service Customers 2019 Rate $• 2019 COS $1.78 Rate ofo Rate Increase One 20 gallon 1,826 $24.66 $2.83 $27.49 I $29.27 18.7% One 35 gallon 8,986 $27.88 $2.83 $30.71 $32.49 16.5% One 60 gallon 2,525 $40.73 $(4.86) $35.87 . $37.65 -7.6% One 90 gallon 470 $48.34 $(7.78) $40.56 . $42.34 -12.4% Commercial Collection The return for commercial collection in Table 4 shows a margin slightly above 10%; therefore, an adjustment is not necessary for customers with a container for service. Drop Box Rates The projected rate of return for drop box service is 6.99%. Therefore, an increase of$13.62 per haul is recommended for open top service and $13.70 for compactor service to bring the rates to the cost of service. Table 7 summarizes the proposed increases for drop box and roll off compactor service. Table 7: Proposed Drop Box Haul Rates Service / Box Volume Current Proposed New Total Rate Haul Fee Increase Rate 10 Yard Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 20 Yard Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 30 Yard Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 40 Yard Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee Compactor per Haul $161.30 $13.70 $175 Haul charge + actual disposal fee Continued Commercial Subsidy of Cart Collection - Alternative 1 If the City wanted to maintain the commercial subsidization of residential rates and spread the 2020 rate increase across residential and commercial collection services, the increase to cart collection customers is 2.6% or $0.72 per customer per month. Commercial container customers would also experience an increase of 2.6%. The rate for the two-yard container collected weekly would increase by $4.60 per month from $176.99 to $181.59. Ct Bell 8,Associates, Inc. 2018 SW Rate Review Report Medical Waste Collection Rates The following table is the proposed increases for medical waste collection. Collection service and disposal are provided to 61 customers within the City. Service is provided on a regular collection route or an on-call basis. Table 8: Proposed Medical Collection Rates Service Component Current Proposed $ • oho A Rate Rate On-site Pick-up Charge $32.84 $36.30 $3.46 10.5% Disp.-Svc Cost per 17 or < Gal. Unit $23.41 $23.33 ($0.08) -0.3% Disp.-Svc Cost per 23 Gal. Unit $23.41 $25.40 $1.99 8.5% Disp.-Svc Cost per 31 Gal. Unit $23.41 $27.68 $4.27 18.2% Disp.-Svc Cost per 43 Gal. Unit $28.37 $32.17 $3.80 13.4% Pharmaceutical Waste 5 gal. container n/a $48.49 a' Bell&Associates, Inc. 2018 SW Rate Review Report Food Waste Collection Costs and Rate Alternatives Washington County's recycling outreach office has estimated the number of customers within Tigard that would qualify for the Metro food waste collection program and is summarized in Table 9. Table 9: Estimated Food Waste Program Participants Totals Customers Phase 1 (1,000 lbs. food waste weekly) 30 Phase 2 (500 lbs. food waste weekly) 32 Phase 3 (250 lbs. food waste weekly) 56 Total Food Waste Participants 118 Implementing the rates to support Metro's food waste program can be accomplished by two rate methods; either a variable rate assessed on the cost of service or allocate the program costs over the commercial rate base. Cost of Service Rate The service rate is comprised of the collection cost, container, food waste disposal cost, operating margin, and franchise fee. The cost of collection was calculated on the combined 2019 Tigard composite to collect waste using either a roll cart or a container. The expected number of stops per hour is 7 stops, which is lower than garbage and recycling because the number of customers generating food waste in quantities high enough to implement the program is limited. Therefore, the time and distance between stops are higher than garbage. Table 10 summarizes the cost of service in 2019 costs for a 64 gallon roll cart and a 2 yard container. Table 10: Commercial Food Waste Cost of Service Rates Rate Component 64 gallon cart 2 yard container Collection Cost $90.12 $90.12 Cart/ Container $0.65 $5.77 Food Waste Disposal $20.46 $63.30 Margin © 10% $12.36 $17.69 Fran Fee @ 5% $6.18 $8.84 Total Cost of Service Rate $129.77 $185.72 Food waste collection costs would be an additional charge assessed to food waste generators. There is a potential for the customer to down-size their level of solid waste collection and reduce the cost impact from the program, but that change will vary for each customer. Bell &Associates, Inc. 2018 SW Rate Review Report Allocated Program Costs The second method is the same approach currently in use to assess the cost of recycling services to commercial customers within Tigard and throughout the Portland metropolitan area. Because each customer's recycling needs vary, the cost of the service is blended with the cost of providing waste collection and the cost of recycling service is assessed on the level of waste collection service. While most customers receive a commensurate level of waste and recycling service, some customers either receive more and some receive less than the number of waste collection yards and/or collection frequency than waste. The primary difference between assessing the cost of service rate and the allocated cost is the assumption of the cost savings from disposing of the food waste at a lower rate than solid waste. While customers may not be able to reduce their level of waste collection service to benefit from the savings, the weight, and subsequently the reduced cost of the diverted food waste will be realized within the composite by the franchised haulers. Table 11 summarizes the overall cost to the Tigard composite for each phase of the Metro program from the expected number of participants summarized in Table 9. Table 11: Food Waste Program Costs and Rate Impacts Description Note Phase 1 Phase 2 Phase 3 Monthly Program Cost A $2,805 $5,797 $11,034 Food Waste Savings B $(1,032) $(1,581) $(2,124) Total Monthly Cost C $2,088 $4,396 $8,953 Annual Program Cost D $25,056 $52,752 $107,436 2019 Composite Costs E $4,012,784 $4,012,784 $4,012,784 % of Composite Costs F 0.61% 1.28% 2.60% Rate Impacts 2 yard weekly G $1.33 $2.79 $5.65 4 yard weekly G $1.78 $3.72 $7.54 6 yard weekly G $2.21 $4.65 $9.45 Table Notes A: Estimated collection cost to provide a weekly pick up of one container or cart to the number of customers in each phase from Table 9. Cost includes the cost of the container. B: Estimated savings from the difference in the lower disposal cost of food waste compared to solid waste. C: Collection cost less savings on food waste disposal(A-B). D:Total Monthly Cost x 12 months E: Estimated commercial collection cost in the calendar year 2019 for each of the three phases F: Percentage of Annual Program Cost compared to the 2019 Composite Cost(D/E) G: Current rate for each listed container is multiplied by the Percentage of Composite Costs(F x current rate) cps Bell&Associates, Inc. 2018 SW Rate Review Report The estimated cost of the program in the first year is $25,056. As a percentage of the total commercial cost in 2019, the program is less than one percent of the total commercial collection cost. The rate impact was calculated by multiplying the percent of composite costs by the current container rate and then dividing by 85% to account for the 10% operating margin and 5% franchise fee. As more customers are added to the program and the costs increase, so will the rate impact across the commercial customer base. el- Bell &Associates, Inc. 2018 SW Rate Review Report 2018 Tigard Adjusted Results Franchised Solid Waste 8 Recycling Collection Services Adjusted Return on Revenues January 1 to December 31, 2018 Automated Cart Service Container Service Grand Solid Waste Recycling Yard Debris Solid Waste Recycling Drop Box Totals Collection&Service Revenues 5,004,562 8,233 68,051 4,424,687 14,071 3,718,647 13,238,251 %of direct %of direct %of direct %of direct %of direct %of direct Direct Costs of Operations 2,201,663 costs 1,311,670 costs 534,038 costs 2,356,781 costs 1,012,964 costs 3,241,776 costs 10,658,892 Disposal Expense 973,056 44% 298,985 23% 134,085 25% 1,423,888 60% 316,471 31% 1,972,414 61% 5,118,899 Labor Expense 497,218 23% 508,718 39% 206,273 39% 406,505 17% 402,064 40% 562,779 17% 2,583,557 Truck Expense 362,334 16% 344,771 26% 145,098 27% 206,684 9% 208,236 21% 362,655 11% 1,629,778 Equipment Expense 55,707 3% 42,989 3% 26,273 5% 53,086 2% 44,898 4% 116,429 4% 339,382 Franchise Fees 255,675 12% 0 0% 0 0% 222,732 9% 0 0% 163,718 5% 642,125 Other Direct Expense 57,673 3% 116,207 9% 22,309 4% 43,886 2% 41,295 4% 63,781 2% 345,151 %of G&A %of G&A %of G&A Indirect Costs of Operations 787,630 costs 629,794 costs 233,227 costs 1,650,651 Management Expense 163,380 21% 1,406,126 130,442 21% 47,319 20% 341,141 Administrative Expense 223,813 28% 1,212,209 178,685 28% 64,851 28% 467,349 Other Overhead Expenses 400,437 51% 852,203 -301,547 320,667 51% 121,057 52% 842,161 124,969 Less Unallowable Costs 946 255,675 741 306 1,993 Customers/Yards/Drop Box Pulls 14,256 266,864 7,431 Revenues 5,080,846 4,438,758 3,718,647 13,238,251 %of$ %of$ Direct Costs of Operations 4,047,371 80% 3,369,745 76% 3,241,776 10,658,892 Indirect Costs of Operations 787,630 16% 629,794 14% 233,227 1,650,651 Total Cost 4,835,001 3,999,539 3,475,003 r 12,309,543 Less Unallowable Costs 946 0% 741 0% 306 1,993 Allowable Costs 4,834,055 3,998,798 3,474,697 12,307,550 Franchise Income 246,791 439,960 243,950 930,701 Adjusted Return on Revenue 4.86% 9.91% 6.56% 7.03% at Bell 14 Associates, Inc. 9 2018 SW Rate Review Report 2019 Tigard Projected Results Franchised Solid Waste&Recycling Collection Services Projected 2019 Results January 1 to December 31, 2019 Automated Cart Service Container Service Drop Box Grand Solid Waste Recycling Yard Debris Solid Waste Recycling Totals %♦from prior %♦from prior %♦from prior %♦from prior %♦from prior %Afrom prior year year year year year year Collection&Service Revenues 5,218,146 4.3% 3,273 -60.2% 68,051 0.0% 4,710,879 6.5% 13,117 -6.8% 3,800,783 2.2% 13,814,249 Direct Costs of Operations 2,222,757 1,381,808 570,100 2,378,535 1,106,469 3,298,893 10,958,562 Disposal Expense 978,894 0.6% 357,885 19.7% 165,595 23.5% 1,432,431 0.6% 401,127 26.8% 1,984,248 0.6% 5,320,180 Labor Expense 508,176 2.2% 519,956 2.2% 210,825 2.2% 415,446 2.2% 410,913 2.2% 575,120 2.2% 2,640,436 Truck Expense 362,334 0.0% 344,771 0.0% 145,098 0.0% 206,684 0.0% 208,236 0.0% 362,655 0.0% 1,629,778 Equipment Expense 55,707 0.0% 42,989 0.0% 26,273 0.0% 53,086 0.0% 44,898 0.0% 116,429 0.0% 339,382 Franchise Fee 259,973 1.7% 0 0 227,002 1.9% 0 196,660 20.1% 683,635 Other Direct Expense 57,673 0.0% 116,207 0.0% 22,309 0.0% 43,886 0.0% 41,295 0.0% 63,781 0.0% 345,151 Indirect Costs of Operations 801,793 609,821 237,334 1,648,948 Management Expense 166,979 7.4% 126,622 -83% 48,360 2.2% 341,961 AdnrnistrativeExpense 228,880 7.4% 173,595 -82% 66,343 2.3% 468,818 Other Overhead Expenses 405,934 6.4% 309,604 -87% 122,631 1.3% 838,169 Less Unallowable Costs 868 818 306 1,992 'Customers/Yards/Drop Box Pulls 14,256 266,864 7,431 Revenues 5,289,470 4,723,996 3,800,783 13,814,249 %♦from prior %♦from prior year year Direct Costs of Operations 4,174,665 3.1% 3,485,004 3.4% 3,298,893 10,958,562 Indirect Costs of Operations 801,793 6.9% 15% 609,821 -8.5% 13% 237,334 1,648,948 Total Cost 4,976,458 3.7% 4,094,825 1.5% 3,536,227 r 12,607,510 Less Unallowable Costs 868 0.0% 818 0.0% 306 1,992 Allowable Costs 4,975,590 4,094,007 3,535,921 12,605,518 Franchise Income 313,880 629,989 264,862 1,208,731 Projected Return on Revenues 5.93% 13.34% 6.97% 8.75% 2018 Return on Revenues 5.60% 9.09% 6.56% 7.04% alBell&Associates, Inc. 10 2018 SW Rate Review Report 2020 Tigard Projected Results Franchised Solid Waste & Recycling Collection Services Projected 2020 Results January 1 to December 31, 2020 Automated Cart Service Container Service Drop Box Grand Solid Waste Recycling Yard Debris Solid Waste Recycling Totals %Strom prior %Strom prior %Strom prior %Strom prior %♦from prior %Strom prior year year year year year year Collection&Service Revenues 5,218,146 4.3% 3,273 -60.2% 68,051 0.0% 4,710,879 6.5% 13,117 -6.8% 3,800,783 2.2% 13,814,249 Direct Costs of Operations 2,291,932 1,404,560 576,127 2,419,148 1,142,177 3,294,840 11,128,784 Disposal Expense 990,863 1.8% 357,885 19.7% 165,595 23.5% 1,449,945 1.8% 401,127 26.8% 2,008,509 1.8% 5,373,924 Labor Expense 515,906 3.8% 527,846 3.8% 214,026 3.8% 421,776 3.8% 417,169 3.8% 583,911 3.8% 2,680,634 Truck Expense 406,411 12.2% 356,535 3.4% 147,520 1.7% 214,054 3.6% 211,543 1.6% 349,088 -3.7% 1,685,151 Equipment Expense 56,487 1.4% 43,607 1.4% 26,533 1.0% 53,914 1.6% 45,876 2.2% 118,250 1.6% 344,667 Franchise Fee 264,237 3.3% 0 0 235,307 5.6% 0 170,918 4.4% 670,462 Other Direct Expense 58,028 0.6% 118,687 2.1% 22,453 0.6% 44,152 0.6% 66,462 60.9% 64,164 0.6% 373,946 Corn FW Program Indirect Costs of Operations 774,687 688,169 240,711 1,703,567 Management Expense 161,654 3.9% 143,456 3.9% 49,183 3.9°,' 354,293 Administrative Expense 221,446 3.9% 196,563 4.0% 67,412 3.9% 485,421 Other Overhead Expenses 391,587 2.7% 348,150 2.7% 124,116 2.5% 863,853 Less Unallowable Costs 868 818 306 1,992 Customers!Yards/Drop Box Pulls 14,256 266,864 7,431 Revenues 5,289,470 4,723,996 3,800,783 13,814,249 %♦from prior %•from prior year year Direct Costs of Operations 4,272,619 5.6% 3,561,325 5.7% 3,294,840 11,128,784 Indirect Costs of Operations 774,687 3.3% 14.6% 688,169 3.3% 14.6/ 240,711 1,703,567 Total Cost 5,047,306 5.2% 4,249,494 5.3% 3,535,551 12,832,351 Less Unallowable Costs 868 0.0% 818 0.0% 306 1,992 Allowable Costs 5,046,438 4,248,676 3,535,245 12,830,359 Franchise Income 243,032 475,320 265,538 983,890 Projected Return on Revenues 4.59% 10.06% 6.99% 7.12% 2018 Return on Revenues 5.60% 9.09% 6.56% 7.04% Bell&Associates, Inc. 11 SUPPLEMENTAL PACKET FOR (DATE OF MEETING) p* R * I * D * E DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 Phone: (503) 625-6177 Fax: (503) 625-6179 5/31/19 Mayor Snider, City Council, and City Staff, Pride Disposal is very appreciative of the City's desire to use a Cost of Service model for rate making within your jurisdiction. We also support using the CPI model for ongoing rate increases. In order to keep each line of business within the desired rate of return while using the CPI methodology, we propose that going forward, the CPI increase calculations are applied to each line of business individually. In the past the CPI increase has been applied to the total rate of return rather than being assessed to each line of business individually, which ultimately increases the likelihood of disparity in rates requiring a larger rebalancing project in a few years. Applying the CPI this way would allow each line of business to stand alone and provide the framework for maintaining the desired rate of return through smaller increases periodically rather than large changes we know Council would prefer to avoid. Thank you for your consideration of this small adjustment to the current code language.We believe that this will benefit the City in the rate making process long term. Sincerely, Kristin Leichner President 5 ,6� r.-4 ¢ ' W O W a � toe- [A44 City of Tigard Solid Waste & Recycling Collection An overview of the City' s current system Agenda Review Results of Cost of Service Rate Study Council Direction: Implement Cost of Service Rates or Continue Rate Subsidies? Currently, commercial container service subsidizes residential cart service Currently, larger residential carts subsidizes smaller residential carts. nw, Implement Cost of Service Drop Box Rates? Commercial Food Waste Program Cost of Service Rates for required businesses? Or Subsidize program by absorbing cost into commercial container rates? Cost of Waste & Recycling Collection and Disposal , , El Description 2018 Actual 2020 Projected Service Revenue $13,238,251 $13,814,249 4.4% SW and Yard Debris Disposal $4,503,443 $4,614,912 2.5% Recycling Processing $615,456 $759,012 23.3% Labor, Health Ins, & Payroll Taxes $2,583,557 $2,680,634 3.8% Truck, Fuel, Repair & Maintenance $1 ,629,778 $1 ,685,151 3.4% Equipment and Containers $339,382 $344,667 1 .60 Franchise Fees $642,125 $670,462 4.4% Other Direct Expense / Food Waste $345,151 $373,946 8.3% Management & Administration $1 ,649,376 $1 ,703,567 3.3% Total Expenses $12,308,268 $12,832,351 4.3% Projected 2020 Results by Service Cost Component Roll Cart Container Drop Box Composite Revenues $5,289,470 $4,723,996 $3,800,783 $13,814,249 Total Allowable Cost $5,046,438 $4,248,676 $3,535,245 $12,830,359 Franchise Income $243,032 $475,320 $265,538 $983,890 Return on Revenues 4.59% 10.06% 6.99% 7.12% Target Rate of Return 10.00% 10.00% 10.00% 10.00% Cost of Service Rate Adjustment for Cart Collection Cart Collection Service projected at 4.59% in 2020 Increase rates by 5.7% or $ 1 .78 per customer per month Cart Service Customers 2019 5.7% 2020 Rate Or $1.78 Rate % . Rate Increase Increase 20 gallon 1 ,826 $24.66 $1 .41 $26.07 $26.44 6.7% 35 gallon 8,986 $27.88 $1.59 $29.47 $29.66 5.9% 60 gallon 2,525 $40.73 $2.32 $43.05 $42.51 4.0% 90 gallon 470 $48.34 $2.76 $51 .10 $50.12 3.4% CostofService Rate for Cart Collection Current rates structure established to provide a financial incentive to select a smaller cart and to divert the recyclable materials Larger carts pay a rate higher than the cost of service People put garbage into the recycling / yard debris carts when their cart has reached capacity / Contamination levels in the recycling carts are increasing the cost of processing 2020 Rate based on 2019 COS rate plus $1 .78 per month Cart Service Customers 2019 2019 COS $1.78 Rate Rate Rate Increase 20 gallon 1 ,826 $24.66 $2.83 $27.49 $29.27 18.7% 35 gallon 8,986 $27.88 $2.83 $30.71 $32.49 16.5% 60 gallon 2,525 $40.73 $(4.86) $35.87 $37.65 -7.6% 90 gallon 470 $48.34 $(7.78) $40.56 $42.34 -12.4% Residential and Commercial Rate Alternative Increase residential cart and commercial container rates across the board by 2.6% from the current rates Maintains subsidization of residential cart service by commercial container service and subsidization of smaller residential carts by larger residential carts. 35 gallon residential cart would increase by $0.72 vs $ 1 .59 per month 2 yard commercial container would increase by $4.60 per month vs no change Roll Off Compactor DropBoxService Drop Box Service projected at 6.99% in 2020. ■► Increase Drop Box rates by $ 13.62 per haul. Increase Compactor rates by $ 13.70 per haul. / Service / Box Current Proposed New Total Rate Volume Haul Fee Increase Rate 10 Yd. Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 20 Yd. Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 30 Yd. Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee 40 Yd. Box per Haul $154.38 $13.62 $168 Haul charge + actual disposal fee Compactor per Haul charge + actual Haul $161 .30 $13.70 $175 disposal fee Commercial Food Waste Collection Program Cost of Service Rate Allocated Costs Paid by food waste Food waste collection generators only. costs would be 64 gallon roll cart "absorbed" into the weekly service is overall commercial $ 129.77 collection rates. 2 yard container weekly Phase 1 - .61 % of costs service is $185.72 or $1 .33 for 2 yd. service Phase 2 - 1 .28% of cost or $2.79 for 2 yd. service Phase 3 - 2.60 of costs or $5.65 for 2 yd. service AIS-3852 13. Business Meeting One Meeting Date: 06/04/2019 Length (in minutes): 30 Minutes Agenda Title: Review and Discuss the Communications Plan for Exploring a Levy and Bond Prepared For: Kent Wyatt Submitted By: Kent Wyatt, Central Services Item Type: Update, Discussion, Meeting Type: Council Direct Staff Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE City Council is exploring a potential local option levy and facilities bond. A communication plan has been drafted to gather community feedback. STAFF RECOMMENDATION / ACTION REQUEST Review and discuss the proposed communication plan. KEY FACTS AND INFORMATION SUMMARY One of the City Council goals for FY 19-21 is for staff to "develop and implement a communications plan, for city staff and elected officials, to engage the public about the cost and value of city services and explain funding challenges." Staff has drafted a communications plan for outreach a potential local option levy and facilities bond. The plan outlines the three phases of levy and bond outreach and sets a goal of reaching at least 3,000 residents through in-person engagement, digital communications and surveys. Lessons learned from the 2018 campaign are incorporated throughout the plan, including the importance of: •Developing short, concise videos •Explaining the cost and value of city services •Emphasizing the positives of a levy measure, not threats •Translating documents in Spanish The theme of the communications plan is 'Minutes Matter.' A levy and bond is being considered because 'minutes matter' when our police department is responding to calls for service, spending time with individuals at a crime scene, and providing thoughtful outreach to those struggling with mental illness. City staff has outlined outreach opportunities through May 2020, initial key messages, and available resources. This is a fluid document which will be updated, throughout the project, to accounts for new challenges and opportunities. OTHER ALTERNATIVES Council may suggest revisions to the proposed plan. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Goal 1: Ensure the City's continued financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. Goal 4: Enhance two-way communication to understand community priorities and involve the community in the decision-making process. DATES OF PREVIOUS CONSIDERATION March 26: Council discussion about exploring a local option levy and facilities bond. April 23: Council discussion about the next steps of exploring a levy and bond. Attachments Communications Plan MINUTES MATTER: Public Safety Local Option Levy and Bond COMMUNICATIONS& ENGAGEMENT PLAN DRAFT The Tigard community defeated a 2018 local option levy that would have provided funding for the library, parks, recreation, and police. Polling during the 2018 levy and focus groups held after the 2018 election indicated the city should explore a local option levy and facilities bond focused on police services and facilities. The City Council acknowledged the community input in their goal setting for FY 19-21. Council set the goal of"pursuing a local option levy and/or bond in May 2020." In recent months, Council agreed to explore a levy and bond for the police. Staff was directed develop and implement a communications plan, for city staff and elected officials, to engage the public about the cost and value of city services and explain funding challenges. This communications and engagement plan will address Council's goal by engaging residents through in-person outreach, digital communications and surveys, about the funding challenges facing the Police Department. 'Minutes Matter' will be the focus of this plan and will convey the importance of: • Improving the Police's response time for calls for service. • Allowing sufficient time to meet the needs of those impacted by a crime. • Providing thoughtful outreach to those struggling with mental illness and homelessness. • Increasing police presence in neighborhoods. 'Minutes matter' is a community communications and outreach plan. We will reach all Tigard neighborhoods. We will make it easy for the community to share their input. We will follow up in a timely manner to all requests for more information about a potential levy and bond. TARGET AUDIENCE The Tigard community is the highest priority targeted audience. There are numerous subsets to this audience, including: • Tigard residents • Businesses • Faith-based organizations • Local media • Neighborhood associations • Non-profits • Parent Teacher Associations • Schools—Tigard-Tualatin School District and Beaverton School District Internal stakeholders have the closest ties to the organization and the most influence on the City's identity. It is imperative to maintain consistent communication when interacting with external audiences and key messages of the City should be reflected in all communications by the organization. • City Council • Tigard Police Staff • City Staff • Board and Committee Members • Committee for Community Engagement • Volunteers An internal staff group will be formed of employees who live in Tigard.The group meet once a month and will be used to judge the pulse of staff and the community. ROLES AND RESPONSIBILITIES The Levy and Bond project team is: • Kathy McAlpine,Tigard Police Chief • Kathy Nyland, Assistant City Manager • Kent Wyatt, Communications Manager • Jim Wolf, Tigard Police Public Information Officer • Marty Wine, City Manager • Stefanie Kouremetis, Tigard Police Community Engagement Coordinator The team will meet weekly throughout the project. The Leadership Team and Communications Team will also be involved as needed. COMMUNITY ENGAGEMENT RESOURCES The Budget Committee recognized the importance of a robust communications and engagement plan by allocating resources in the adopted budget for FY19-20. Based on experience from the 2018 levy, we will dedicate resources to: • Administer up to three public opinion polls. (Funded by a carryover item in last year's budget.) • Amplify digital media messaging on Facebook, Instagram, and Twitter. • Coordinate on the creation of four short videos. • Develop meaningful infographics. • Provide engagement support for levy and bond outreach. • Provide all printed materials in English and Spanish. • Print and send two citywide mailings. • Use photos to convey key messages. The project team will reevaluate funding needs throughout the project. OUTREACH TOOLKIT Staff will prepare a package of materials for use at outreach events. The toolkit will ensure a consistent message and common design theme.The toolkit will include: • Bookmarks, magnets, and stickers with levy and bond information. • Coloring pages featuring police cars • Elevator pitch (talking points for a short conversation) • Frequently asked questions • Key messages • Half-page flyer with key figures and quotes from community members • Map with crime data and police cars • Timeline with milestones • Poster with key figures and quotes from community members • Police annual report (use as a reference for answering questions) • Police strategic plan (use a reference for answering questions) • Police trading cards • PowerPoint presentation At the end of each event, the Council member(s) or staff who attended should complete the Police Levy & Bond Outreach Evaluation. ONGOING COUNCIL OUTREACH Since April, the City Council has been getting 'out of city and into the neighborhoods.' The purpose of the outreach has been to be authentic and timely. To reach this goal, the Mayor and City Council must initiate interactions driven by getting to know community interests, not by getting them to complete a survey. Council Connections is a monthly Cityscape feature where the council responds to questions about the city and their background.The Cityscape listsery has grown to 22,000 subscribers. This makes it important that each councilor participates in the monthly feature. Staff Lead: Kent Wyatt, Communications Manager Out of City Hall, Into Your Neighborhood is an open invitation for the community to invite a city councilor to a community event. Since the initiative launched in April, 31 invitations have been submitted. Staff Lead: Joanne Bengston 'What's on Your Mind' originated from the suggestion of Councilor Newton. This web-based feature makes it easy for a community member to ask a question or leave a comment. Each question is responded to and added into our database. The questions and answers are posted on the city's website. Staff Lead:Joanne Bengston Monthly Neighborhood Outreach began in May. Councilors will visit different neighborhoods to introduce themselves and discuss the proposed budget. Future neighborhood outreach could focus on gathering feedback on a levy and bond. Staff Lead: City Management TIMELINE FOR 'MINUTES MATTER' CAMPAIGN We're committed to reaching every community and every neighborhood in the City.To meet this goal, the city will embark on a three-phase outreach and engagement plan. PHASE I: INFORM AND CONSULT THE COMMUNITY ABOUT LEVY AND BOND PROPOSALS Timeframe:June to September KEY ACTIVITIES Administer a telephone and online public opinion survey(August 2019). The city will conduct public opinion research of the voting public to ensure the city's assumptions and decisions are in line with community desires. The first survey will measure attitudes among likely voters toward a local option levy and facilities bond to fund future services and facilities. Begin communicating about levy and bond options.The Mayor's Corner, Why Wednesday?, State of the City video and Council outreach will provide the community with a framework for the decisions facing the council. Continue Council Connections initiative. Council will continue monthly outreach events, answering questions via 'What's on Your Mind?', and accepting invitations via 'Out of City Hall, Into Your Neighborhood.' Develop dynamic marketing collateral: Design & Communications will work with the Police Department to produce high quality and inspired materials including advertisements, brochures, signage, photography, and videos. Develop Levy& Bond presentation. The city will develop and deliver educational presentations at a variety of City locations, including community centers, schools, places of worship, and entertainment and meeting halls. Display messaging on the three Police kiosks. Tigard Police manages kiosks in the City Hall lobby, Police Department lobby, and Bridgeport Move Theater. All three, but especially the Bridgeport kiosk, are highly visible and allow an opportunity for short, meaningful messaging. Engage the Levy& Bond Task Force. The task force will meet twice to learn about a potential levy and bond and provide insight informing the community about increasing need for public safety resources. Host Chat with the Chief events (regularly). Each chat will be in a different part of Tigard. The Chief will share levy and bond information and answer questions from the community. Initial Council discussions. In March and April, Council directed staff to develop multiple proposals for a local option levy focused on police services and to determine whether there was adequate time to update the cost estimates for a public safety facility. Launch Levy& Bond webpage.The city's website will be the central hub for levy and bond information. The informative and accessible website will provide a platform for explaining a levy and bond, providing input, and debunking misinformation. Launch social media plan. The Communication Team will create a robust social media program on Facebook and Twitter that focuses on generating engaging content that users will want to "Like," comment on, share, retweet and/or favorite to more widely disseminate information about the levy and bond. Produce and send the first citywide information mailer. The mailer will include key messages and data about police services. Produce two videos. In debriefing the 2018 levy, our consultant recommended incorporating more video content into our social media and website, when possible. The first video will feature the 'day in the life of a police officer' and will be released in late July. The video will be shown before each 'Concert in the Park' and 'Movie in the Park.' For the second video, we will interview officers and community members at National Night Out in August. The video will be released in early September and will help promote the Police Open House on September 28. Provide bi-monthly messages for Cityscape. The city produces a newsletter twice a month to provide news and information to residents, visitors, and City stakeholders. Levy and bond message points will be woven throughout the content. The newsletter is promoted on the City website and through social media channels. Currently the distribution list includes 22,000 emails. Relaunch the Community Forum. Leaders from non-profits and religions were convened by the city in 2017 and 2018. The city will reconvene the group in 2019. PHASE I: OUTREACH ACTIVITIES There are several high-profile outreach opportunities in Phase I. The City Council should be represented at each event in bold. The city will be represented at many of the events listed. Pop Up in the Park/Ice Cream Social is a joint venture between Community Development and Public Works. It's recommended that a police officer makes an appearance at each of those events. June 18 Coffee with a Cop Village Inn June 20 Just Compassion Supper in the 'Burbs Vine & Sparrow June 21 to 23 Balloon Festival Cook Park July 3 Pop Up in the Park/Ice Cream Social Summerlake Park July 4 Middle of Millen Parade Millen Drive July 4 July 4th Celebration Cook Park July 10 Pop Up in the Park/Ice Cream Social Cook Park July 17 Summer Picnic Hillshire July 17 Pop Up in the Park/Ice Cream Social Dirksen Nature Park July 19 Emergency Preparedness Event Cook Park July 24 Pop Up in the Park/Ice Cream Social Bonita Park July 27 Tigard Walks! Tigard Library July 27 Movies in the Park Dirksen Nature Park July 31 Pop Up in the Park/Ice Cream Social Sabrina Park August 6 National Night Out Various August 7 Concert in the Park Cook Park August 10 Movies in the Park Cook Park August 16 Movies in the Park Metzger Park August 21 Concert in the Park Cook Park August 24 Movies in the Park Metzger Park August 30 Movies in the Park Cook Park September 7 Latino Festival/Downtown Street Fair Downtown Tigard September 28 Tigard Walks! TBA September 28 Police Open House Police Station PHASE II: INVOLVE THE COMMUNITY IN A REFINED LEVY AND BOND PROPOSAL KEY ACTIVITIES—September 2019 to January 2020 Begin multicultural engagement:The City has taken initial steps to increase multicultural outreach and civic engagement among residents. Other activities include providing communications and graphics in English and Spanish.This will continue throughout levy and bond outreach. Complete the second public opinion poll (September).The second poll will identify the most effective messages to explain the proposal, and the information voters would find most useful when deciding whether or not to vote for the levy and bond. Complete the third public opinion poll (December 2019).The poll will test the exact ballot title and messages prior to referral to voters. Continue social media plan: The city will continue to post on Facebook, Instagram, Nextdoor, and Twitter. Certain posts will be boosted to increase the reach of the message. Create and send a citywide mailer(January).The mailer will highlight the current staffing and facilities challenge of the police department. Display messaging on the three Police kiosks. Tigard Police manages kiosks in the City Hall lobby, Police Department lobby, and Bridgeport Move Theater. All three, but especially the Bridgeport kiosk, are highly visible and allow an opportunity for short, meaningful messaging. Host Chat with the Chief events (each month). Each chat will be in a different part of Tigard. The Chief will share levy and bond information and answer questions from the community. Host a Police Open House (September 28): The event will include a hands-on demonstration, a facility tour, and chance to interact with police officers. Meet with Boards and Committees: The council liaison will provide an update on the levy and bond. Produce a third short video: Tigard Police respond to mental health calls throughout the city. This video will look at how officers are positively impacting community members suffering from mental illness. The video will be released in mid-November. Provide bi-monthly messages for Cityscape. The city produces a newsletter twice a month to provide news and information to residents, visitors, and City stakeholders. Levy and bond message points will be woven throughout the content. The newsletter is promoted on the City website and through social media channels. Currently the distribution list includes 22,000 emails. Record City Talk with Police Chief.TVCTV will interview the Police Chief about policing in Tigard. Refine printed materials: The city will produce flyers, brochures, and posters, highlighting the needs of the police department. Work with Secretary of State: The Communications Team will request the Secretary of State's Office review levy and bond materials. PHASE II: OUTREACH ACTIVITIES There are several high-profile outreach opportunities in Phase I. The City Council should be represented at each event in bold. The city will be represented at many of the events listed. Pop Up in the Park/Ice Cream Social is a joint venture between Community Development and Public Works. It's recommended that a police officer makes an appearance at each of those events. October 4 & 5 Project Homeless Connect TBA October 9 Walk& Roll to School Day Various October 26 Tigard Walks! TBA October 31 Trick-or-Treat Main Street Downtown November 23 Tigard Walks! TBA December TBA Downtown Tree Lighting Downtown PHASE III: INFORM THE COMMUNITY ABOUT THE BALLOT MEASURE KEY ACTIVITIES— February 2020 to May 2020 Create and send a citywide mailer (approved by the Secretary of State): The mailer will provide educational material on the referred ballot measure. We'll send the mailer around the time ballots are mailed. Display messaging on the three Police kiosks. Tigard Police manages kiosks in the City Hall lobby, Police Department lobby, and Bridgeport Move Theater. All three, but especially the Bridgeport kiosk, are highly visible and allow an opportunity for short, meaningful messaging. Launch an online tax calculator.The tool will allow residents to learn how much the levy and bond will cost them. Offer ride-along opportunities for staff. Staff will have the opportunity to do a ride-along with a police officer. Produce a fourth short video: The last video in the series will inform the community about the ballot measure and how the funding would be used to benefit all of Tigard. We'll release the video in late January. Produce and send the first citywide information mailer: The mailer will include the ballot measure and its impact. Provide bi-monthly messages for Cityscape. The city produces a newsletter twice a month to provide news and information to residents, visitors, and City stakeholders. Levy and bond message points will be woven throughout the content. The newsletter is promoted on the City website and through social media channels. Currently the distribution list includes 22,000 emails. PHASE III: OUTREACH ACTIVITIES These will be added as dates and locations are confirmed. MINUTES MATTER: INITIAL KEY MESSAGES (Updated May 29) The project team will update key messages as we hear from the community. City staff and City Council will be provided updated key messages before each outreach event. Every minute matters.... • when an officer is responding to an incident. • that an officer spends at a call for service. • that an officer spends on proactive patrol. • that an officer spends with someone suffering from mental illness. • that an officer spends with a homeless individual who is unaware of social services. • because you matter. Other Key Messages • Tigard Police is available to help residents and businesses 24 hours per day, 7 days per week, 365 days per year. • The women and men in our police department are stretched thin, running from call to call. • Many patrol shifts are operating at minimal staffing levels—three officers for the day shift,three to four for the graveyard shift, and four officers for the swing shift. • At the same time, calls for service have increased by 24%to 22,500 since 2013. • Since 2013, emergency response times have increased by 21%to an average of 6 minutes and 14 seconds. • Our ability to perform self-initiated contacts has decreased by 6%to 20,000 contacts. • Tigard Police could better serve our community with emergency response times under five minutes. • The number of calls related to homelessness and mental health crises in the city has increased while our capacity to perform outreach has decreased. 1.iz wOMINUTES NI TTE ,..,‘wH TIGARD Public Safety Local Option Levy and Bond a. o � En ACTIVITIES _ PHASE I PHASE II PHASE III Inform and consult the community about levy and bond proposals I June 2019 to August 2019 •Begin communicating about levy and bond options. •Launch Levy&Bond web page. •Develop outreach materials in English and Spanish. •Launch social media plan. •Develop Levy&Bond presentation. •Produce two short,informational videos. •Engage the Levy&BondTask Force. •Relaunch the Community Forum , •Initial Council discussions about exploring a levy and bond. Involve the community in a refined Levy and Bond Proposal I September 2019 to January 2020 •Produce a third short informational video •Meet with Boards and Committees •Host a Police Open House •Record'CityTalk'with Police Chief Involve the community about the ballot measure I February 2020 to May 2020 •Launch an online tax calculator •Produce a fourth short video CI) Administer a telephone and online public opinion survey w N' Q 2 Produce and send citywide information mailer CI- 0 0 Work with Secretary of State on approved levy and bond material W •Continue'Council Connections'initiative with monthly outreach N •Develop and post engaging social media messaging Q •Develop and refine outreach materials and messaging, 2 •Display messaging on the three Police kiosks. Cl- •Host'Chat with the Chief' --I •Host'Listening Session Fireside Chat' Q •Contribute content to bi-monthly Cityscape City of Tigard, Oregon Affidavit of Posting a In the Matter of the Proposed Ordinance(s) T I G A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, t'1 - ,being first duly sworn,by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) -61 " i c—O f- which were adopted at the City Council meeting of Jun e y, a U!9 , on the L-1 day of 9L4_1 €_ , 20 (1. 1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon Signature o�on who Pe orme Posting Subscribed and sworn before me this I`l /day of rte- , 20111 by �� �'7 + e._ • OFFICIAL STAMP lZ-4 r/ ...L._, n •-,;w CAROL ANN KRAGER NotaryPublic-State of Oregon NOTARY PUBLIC-OREGON g COMMISSION NO.975701 MY COMMIB6I9N__lsolea JUNE le,2022 I:\ADM\CITY RECORDERS\FORMS AFFIDAVIT OF POSTING-ORDINANCE.DOC