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City Council Packet - 04/07/2020City of Tigard Tigard Business Meeting—AgendaTIGARD TIGARD CITY COUNCIL MEETING -Note: Meeting will be Conducted by Remote Participation. MEETING DATE AND TIME: April 7,2020- 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: In accordance with the City of Tigard's Declaration of Emergency Due to the COVID-19 virus and the Governor's Orders those in attendance must maintain social distancing requirements.There will be no public testimony during this meeting. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ON YOUTUBE: htto://www.tieard-or.eovlcity hall/council meetina.oha CABLE VIEWERS:The first City Council meeting of the month will be rebroadcast at the following days and times on Channel 28: Thursday 6:00 p.m Saturday 7:30 p.m. Friday 9:00 a.m.. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard TIGARDTigard Business Meeting—Agenda TIGARD CITY COUNCIL-Note: Meeting will be Conducted by Remote Participation. MEETING DATE AND TIME: April 7,2020- 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. CONSIDER APPROVAL OF RESOLUTION FOR FY 2020 SPECIAL BUDGET SUPPLEMENTAL FOR COVID-19 RESPONSE 6:35 p.m. estimated time 3. CONSIDER A RESOLUTION ENACTING A MORATORIUM ON RESIDENTIAL AND COMMERCIAL EVICTIONS AND PROVIDING A TIMEFRAME FOR TENANTS TO BECOME CURRENT 6:50 p.m. estimated time 4. NON AGENDA ITEMS 5. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. 7:10 p.m. estimated time 6. ADJOURNMENT 7:50 p.m. estimated time 1111 I II TIGARD City ofTigard Tigard City Council Meeting Meeting Agenda April 7, 2020 1 . BUSINFISS M I4,1- TIN G A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CONSIDER APPROVAL OF RF ,SOLUTION FOR THE 2020 SPECIAL BUDGET SUPPLEMENTAL FOR COVID-19 RF;SPONSE 6:35 p.m. estimated time 3. CONSIDER A RKSOLUTION ENACTING A MORATORIUM ON RESIDENTIAL AND COMMERCIAL EVICTIONS AND PROVIDING A TIMEFRAME FOR TENNANTS TO BECOME CURRENT 6:50 p.m. estimated time 4. NON AGENDA ITEMS 5. F ,XECUTIV F , SESSION 7:10 p.m. estimated time 6. ADJOURNMENT 7:50 p.m. estimated time T I GARD Roll Call Councilor Lueb Councilor Anderson Mayor Snider Youth Councilor Turley Council President Goodhouse Councilor Newton T I GARD Agenda Item #2 April 7, 2020 Consider Approval of Resolution for FY 2020 Special Budget Supplemental for COVID-19 Response TIGARD Agenda Item #3 April 7, 2020 Consider a Resolution Enacting a Moratorium on Residential And Commercial Evictions and Providing a Timeframe for Tenants to Become Current TIGARD Agenda Item #4 April 7, 2020 Non-Agenda Items T I GARD Agenda Item #5 April 7, 2020 Executive Session T I GARD EXECUTIVE SESSION The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(2) (d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No 14,xecutive Session may be held for the purpose of taking any final action or making any final decision. The Council will adjourn from Executive Session. T I GARD AIS-4261 2. Business Meeting One Meeting Date: 04/07/2020 Length(in minutes): 15 Minutes Agenda Title: Consider Approval of Resolution for the FY 2020 Special Budget Supplemental for COVID 19 Response Prepared For: Steve Kang Submitted By: Steve Kang, Finance and Information Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Tigard City Council adopt the FY 2020 Special Budget Supplemental for COVID-19 Response? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends that the City Council approve the FY 2020 Budget Supplemental. KEY FACTS AND INFORMATION SUMMARY The Special Budget Supplemental contains one item supporting two programs responding to the COVID-19 pandemic that requires council action: City Management The City Management Department is requesting to fund the COVID-19 Emergency Economic Assistance Program. The request is an emergency response to the COVID-19 Pandemic to address both distressed business and the housing sector. The city will provide assistance as follows: 1.$300,000 in small business assistance through the Tigard CARES Program. This business assistance program will provide seed funding to Community Development Financial Institutions (CDFI's) to deliver a combination of micro-loans,loans,grants and business-advising services.The goal of the program is to leverage the city's $300,000 investment into$1,000,000 in assistance to Tigard firms.The city's CDFI partners will primarily assist traditionally underserved and under-banked entrepreneurs, including minority and women business owners. This is funded from two sources. First,Tigard Municipal Code permits the first$206,000 in business license revenue each year to be used for general purposes. The rest is allocated to the Commercial Crimes Unit in the Police Department. This act will redirect the first$206,000 from general services to the business assistance program. Second, the remaining$94,000 of funding for the program will come from the$1 million Emergency Reserve which is intended to help the city bridge a revenue slowdown caused by a recession or other unforeseen event such as the COVID 19 pandemic. 2.$100,000 in housing assistance for houseless community members. The closure of Tigard buildings due to COVID-19 has caused significant disruption in the daily life of Tigard's underserved groups such as our unhoused and unsheltered community members. Funding for the program will come from the$1 million Emergency Reserve which is intended to help the city bridge a revenue slowdown caused by a recession or other unforeseen event such as the COVID 19 pandemic. The city will provide the following multilayered approach to support our houseless community members. a.Increase in grant funding to community partners such as the Good Neighbor Center and Just Compassion. b.Provide support to the Homeless Program of the Washington County Department of Housing Services to provide hotel vouchers for unhoused and at-risk families. c.Pilot a safe parking program at the library. This program will assist in providing services such as portable toilets,hand sanitizer stations,and free wi-fi network. OTHER ALTERNATIVES Council could choose to not approve the FY 2020 Special Budget Supplemental. COUNCIL OR TCDA GOALS,POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION This is the first time that the City Council has been presented with this information. Fiscal Impact Cost: 400,000 Budgeted(yes or no): No Where Budgeted (department/program): Social Services Additional Fiscal Notes: The FY 2020 Special Supplemental Budget will increase the General Fund budget by$400K. The increased expenditures are supported through reserves for future expenditures and contingency. This supplemental will decrease the General Fund reserves by$194K. Please refer to Exhibits A and B which summarize the fiscal impact of the supplemental budget by fund. Attachments Resolution-FY20 Special Supplemental for COVID-19 FY20 Special Supplemental Summary for COVID-19 Exhibit A-FY20 Special Supplemental for COVID-19 Exhibit B-FY20 Special Supplemental for COVID-19 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION TO ADOPT THE FY 2020 SPECIAL BUDGET SUPPLEMENTAL FOR COVID-19 RESPONSE INCLUDING BUDGET ADJUSTMENTS TO POLICY AND ADMINISTRATION. WHEREAS,the city acknowledges those items that were unknown at the time the FY 2020 budget was adopted; and WHEREAS,the city acknowledges extraordinary impacts that the COVID-19 created in our community;and WHEREAS,the city provides assistance to small businesses and at-risk houseless populations;and WHEREAS,the city has established$1 million Emergency Reserve,which is intended to help the city bridge a revenue slowdown caused by a recession or other unforeseen event such as the COVID 19 pandemic;and WHEREAS,the city recognizes approximately$400,000 of unanticipated budget in operations and transfers;and WHEREAS,the increase in unanticipated budget is offset by redirecting$206,000 of Business License revenues from general services to the business assistance and $194,000 from the Emergency Reserve to both business assistance and housing assistance. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The FY 2019-20 Budget is hereby amended as detailed in Exhibit B. SECTION: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard A'IThST: City Recorder-City of Tigard RESOLUTION NO.20- Page 1 CITY OF TIGARD-BUDGET SUPPLEMENTAL 41 1/ 20 20 FY 2019-2020 Quarter: Special:COVID-19 Reponse ingItem# Department Fund Division Request Tide Request FSOu Total Amount Detailed Description Q3CM01 City Management 100-General Fund 5500-Social Services COV1D-19 Emergency Economic NEW Multiple 400,000 The City Management is requesting to fund the COVID-19 Emergency Economic Assistance Program.The request Is an emergency Aedslance Response response to COVID-19 Pandemic to address both distressed businesses and housing sector. The c ty will provide assistance to following: 1. $300,000 in small business assistance through the Tigard CARES Program.This business assistance program will provide seed funding to Community Development Financial Institutions(CDR's)to deliver a combination of micro-loans,loans,grants and buslnessadrlsing services.The goal of the program is to leverage the city's$300,000 investment Into$1,000,000 in assistance to Tigard firms.The city's CDFI partners will primarily assist traditionally under-served and under-banked entrepreneurs,Including minority and women business owners. This is funded from two sources. First,Tigard Munidpal Cade permits the first$206,000 in business license revenue each year to be used for general purposes.The rest Is allocated to the Commercial Crimes Unit In the Police Department ThIs act will redirect the first 706,000 from general services to the business assistance program.Second,the remaining$94,000 of funding for the program trill come from the$1 million Emergency Reserve which Is Intended to help the dty bridge a revenue slowdown caused by a recession or ether unforeseen event such as the COVID 19 pandemic. 2. $100,000 In housing assistance for ho useless community members.The closure of Tigard buildings due to COVTD-19 has caused significant disruption In the daily life of igard's underserved groups such as our unhoused and unsheltered community members. Funding for the program will come from the$1 million Emergency Reserve which is intended to help the city bridge a revenue slowdown caused by a recession or other unforeseen event such as the COVID 19 pandemic. the city will provide following multilayered approach to support our homeless community members. a)Inuease hr grant funding to community partners such as Good Noghbor Center and Just Compassion. b)Provide support to the Homeless Program of the Washington County Department of Housing Services to provide hotel vowhers for unhoused and at-risk families. c)Pilot a safe parking program at the library.This program will assist providing services such as portable toilets,hand saniiner stations,and free wi-fl network. 1 oft Exhibit A Q3CM01-COVID-19 Emergency Economic Assistance Response The City Management is requesting to fund the COVID-19 Emergency Economic Assistance Program to address distressed businesses and housing sector. 1. $300,000 in small business assistance through the Tigard CARES Program. This business assistance program will provide seed funding to Community Development Financial Institutions(CDFI's)to deliver a combination of micro-loans,loans,grants and business-advising services.The goal of the program is to leverage the city's$300,000 investment into$1,000,000 in assistance to Tigard firms 2. $100,000 in housing assistance for houseless community members. The closure of Tigard buildings due to COVID-19 has caused significant disruption in the daily life of Tigard's underserved groups such as our unhoused and unsheltered community members. The city will provide following multilayered approach to support our houseless community members. a) Increase in grant funding to community partners. b) Support to a Washington County DHS program to provide hotel vouchers for unhoused and at-risk families. c) Pilot a safe parking program at the library. FY 2020 Special:COVID-19 Revised General Fund Revised Q2 Amendment Special:COVID-19 Resources Beginning Fund Balance 21,829,986 $ 21,829,986 Property Taxes 17,121,416 $ 17,121,416 Franchise Fees 6,254,627 $ 6,254,627 Special Assessments Licenses&Permits 1,186,521 $ 1,186,521 Intergovernmental 7,360,615 $ 7,360,615 Charges for Services 253,702 $ 253,702 Fines&Forfeitures 1,654,498 $ 1,654,498 Interest Earnings 500,900 $ 500,900 Miscellaneous 249,570 $ 249,570 Other Financing Sources Transfers In from Other Funds 292,900 $ 292,900 Total Resources $ 56,704,735 $ 56,704,735 Requirements Community Development 3,836,092 $ 3,836,092 Community Services 26,126,831 $ 400,000 $ 26,526,831 Policy and Administration 1,089,773 $ 1,089,773 Public Works Program Expenditures Total 31,052,696 $ 400,000 $ 31,452,696 Debt Service Loan to TCDA 1,000 $ 1,000 Work-In-Progress Transfers to Other Funds 2,671,977 $ 2,671,977 Contingency 1,336,914 $ 206,000 $1,130,914 Total Budget $ 35,062,587 $ 194,000 $ 35,256,587 Reserve For Future Expenditure 21,642,148 $ 194,000) $ 21,448,148 Total Requirements $ 56,704,735 $ 56,704,735 Exhibit B Total All Funds FY 2020 Special:COVID-19 Revised Total All Funds Revised Q2 Amendment Special:COVID-19 Resources Beginning Fund Balance 142,498,162 $ 142,498,162 Property Taxes 19,507,041 $ 19,507,041 Franchise Fees 6,254,627 $ 6,254,627 Special Assessments 50,000 $ 50,000 Licenses&Permits 13,319,103 $ 13,319,103 Intergovernmental 15,868,367 $ 15,868,367 Charges for Services 47,840,386 $ 47,840,386 Fines&Forfeitures 1,655,957 $ 1,655,957 Interest Earnings 2,634,000 $ 2,634,000 Miscellaneous 696,176 $ 696,176 Other Financing Sources Transfers In from Other Funds 27,239,561 $ 27,239,561 Total Resources $ 277,563,380 $ 277,5631380 Requirements Community Development 6,020,460 $ 6,020,460 Community Services 26,277,896 $ 400,000 $ 26,677,896 Policy and Administration 14,545,040 $ 14,545,040 Public Works 30,166,726 $ 30,166,726 Program Expenditures Total 77,010,122 $ 400,000 $ 77,410,122 Debt Service 11,659,000 $ 11,659,000 Loan to TCDA 1,000 $ 1,000 Work-In-Progress 23,655,066 $ 23,655,066 Transfers to Other Funds 27,619,561 $ 27,619,561 Contingency 3,554,624 $ 206,000) $ 3,348,624 Total Budget $ 143,499,373 $ 194,000 $ 143,693,373 Reserve For Future Expenditure 134,064,007 $ 194,000) $ 133,870,007 Total Requirements $ 277,563;380 $ 277,563,380 Exhibit B General Fund FY 2020 Revised General Fund Revised Q2 Q3CM01 Special:COVID-19 Resources Beginning Fund Balance 21,829,986 $ 21,829,986 Property Taxes 17,121,416 $ 17,121,416 Franchise Fees 6,254,627 $ 6,254,627 Special Assessments Licenses&Permits 1,186,521 $ 1,186,521 Intergovernmental 7,360,615 $ 7,360,615 Charges for Services 253,702 $ 253,702 Fines&Forfeitures 1,654,498 $ 1,654,498 Interest Earnings 500,900 $ 500,900 Miscellaneous 249,570 $ 249,570 Other Financing Sources Transfers In from Other Funds 292,900 $ 292,900 Total Resources $ 56,704,735 $ 56,704,735 Requirements Community Development 3,836,092 $ 3,836,092 Community Services 26,126,831 $ 400,000 $ 26,526,831 Policy and Administration 1,089,773 $ 1,089,773 Public Works Program Expenditures Total 31,052,696 $ 400,000 $ 31,452,696 Debt Service Loan to TCDA 1,000 $ 1,000 Work-In-Progress Transfers to Other Funds 2,671,977 $ 2,671,977 Contingency 1,336,914 $ 206,000) $ 1,130,914 Total Budget $ 35,062,587 $ 194,000 $ 35,256,587 Reserve For Future Expenditure 21,642,148 $ 194,000) $ 21,448,148 Total Requirements $ 56,704,735 $ 56,704,735 SUPPLEMENTAL PACKET FOR _ DATE OF MEETING) 40iv da !-fier n a FY2020 Special SBudget For Emergency Response to COVID-19 TIGARDD City ofTigard COVID-19 Emergency Economic Assistance Tigard Commercial Assistance & Relief for Economic Stability (CARES) Program Houseless Assistance Program City ofTigard The bolder, the better! " Mayor Jason Snider, March 20, 2020 Ci[} alTigard TIGARD MA, n CARES Commercial Assistance & Relief for Economic Stability City ofTigard UP to 1 , 000 , 000 through 3 financial tools Small Grants ($1,500) Micro Loans ($500 and up) Low interest Loans ($10,000 to $50,000) City of flgzrd 11111111119111111 Tigard CARES Requesting appropriation of $300,000 in city funds More than 320 requests for assistance from firms Partnered with two CDFI 's ( MESO & Craft3) Delivery of small grants, micro loans and low interest loans Support the most vulnerable and traditionally under-served firms City ofTigard Houseless Assistance Requesting appropriation of $100,000 in city funds Two one-time contracts of $50,000 each to support local non-governmental agencies providing support for houseless community members who can provide City selects two local non-governmental agencies who can provide concrete allocations and timelines for how this funding will be used City ofTigard Fun din g Tigard CARES Program e $206,000 from Business License Revenue per Tigard Municipal Code 94,000 from Emergency Reserve Houseless Assistance Program 100,000 from Emergency Reserve AIS-4260 3. Business Meeting One Meeting Date: 04/07/2020 Length(in minutes):20 Minutes Agenda Title: Consider Resolution Enacting a Moratorium on Residential and Commercial Evictions Prepared For: Schuyler Warren,Community Development Submitted By: Schuyler Warren,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution Main Public Hearing: No Publication Date: Information ISSUE Shall the Council adopt a resolution enacting an emergency moratorium on residential and commercial evictions,and providing for a period of six months at the conclusion of the emergency for tenants to become current in unpaid rent? STAFF RECOMMENDATION/ACTION REQUEST Due to the limited scope of statewide action on residential evictions and the lack of statewide action to date to protect the business and non-profit community to date, staff recommends that Council take action to protect the city's residents and businesses by adopting an emergency eviction moratorium to address the threat to the public health, safety,and welfare. Staff further recommend that the action include the following provisions,based on similar actions in other Metro-area cities: Prohibit all residential evictions for nonpayment of rent throughout the state of emergency,not just the 90-days included in the state moratorium. Prohibit all commercial evictions throughout the same period. Provide for a period of at least six months for repayment of accrued unpaid rent from the time the state of emergency ends, for both residential and commercial tenants. Prohibit all residential evictions from properties receiving affordable housing tax exemptions from the City of Tigard or any subsidy from the Housing Authority of Washington County. Require that all places of lodging must accept individuals and households who receive rent assistance or subsidy from the Housing Authority of Washington County. KEY FACTS AND INFORMATION SUMMARY Background With the COVID-19 outbreak leading to a national emergency,many sectors of the economy are already experiencing major impacts. Particularly hard-hit are the service sectors,including restaurants,entertainment venues,and tourist services.Within the past month,stalwart regional businesses such as Powell's,Burgerville, and the McMenamin chain have laid off nearly all of their workforce. These are some of the most visible employers to be impacted,but they are representative of the trend across the regional service economy;smaller operation are being impacted as much or more than the larger ones. Other sectors will likely be just as hard-hit,including housecleaning,personal services like barbers and dog groomers,and non-food retail. A disproportionate number of the workers in these sectors are renters,and many of them were already earning under the area median income and likely have little to no savings to cushion them until the economy recovers. The Oregon Employment Department reported on Wednesday,March 18th that the number of claims for unemployment had spiked from 800 to 18,500 in a span of two days.This number was despite the Department's website crashing from the overload,and likely represents an undercount of the pace of claims to come.By the end of the week,the number of claims for the week of March 15th had soared to 76,500. These layoffs also reflect the dire circumstances for the businesses themselves,as they are instituting layoffs to remain solvent as revenues precipitously decline.While payroll is a large part of the expense of operating a business,often the next largest non-inventory related expense is rent.Many small,independently-owned businesses with tight profit margins will struggle to remain solvent while continuing to pay rent. The "Stay Home Stay Safe" order issued by Governor Brown on March 23,while necessary to protect the public health,safety,and welfare,will inevitably lead to worsening economic impacts from lost revenue for workers and businesses alike. Impacts of Residential Evictions In response to the rapid unraveling of the service economy,various levels of government have begun to take action to prevent households from being evicted.There are a few reasons why a moratorium on evictions are in the public interest and serve to protect the health, safety,and welfare of the broader community. 1.Evicted households in a time of national emergency are unlikely to find new housing.These individuals and families will most likely add to the number of houseless community members,which is already at critical levels in most cities. 2.Evicted households without a place to go cannot follow orders to"stay home, stay healthy"and are therefore more susceptible to contracting and transmitting COVID-19,further straining an already-overwhelmed health care system. 3.Children in evicted households are likely to suffer severe trauma and ongoing physical and educational deficiencies well into adulthood.The families most at risk of eviction due to the loss of income in this crisis are in the lower income bands and may rely on free and reduced lunch at schools to help meet their family's nutritional needs. These children are already being impacted educationally and nutritionally; placing them in risky circumstances without housing will most likely disadvantage them in ways that will not only impact their life outcomes,but the economy at a local,state,and federal level,as they age into the workforce. Impacts of Commercial Evictions Similar to the actions taken to protect households,many cities and counties have taken action to protect their business and non-profit community from eviction due to nonpayment of rent during the crisis. It is likely that some tenants and landlords will work out rent deferral or other arrangements in their mutual interest,however many may not and even where arrangements are possible,commercial tenants are in a far weaker bargaining position than are their landlords,many of whom have multiple streams of income.The result could be a large number of evictions and lease terminations in Tigard. In interviews and surveys with business owners,they cite the ability to meet rent obligations as one of their top three concerns during this crisis.Removing that concern will reduce anxiety in the business community and in some cases enable a firm to survive this crisis with a level of optimism that they can continue to operate during an economic recovery phase. Reasons a moratorium on commercial evictions is in the public interest to protect the health, safety,and welfare of the community include: 1.Evicted businesses and non-profits will not be able to restart operations once the crisis has passed, making it impossible for them to bring their workforce back quickly to avert further economic impacts to these households. 2.Evicted businesses and non-profits will likely not be quickly replaced in the community, as credit markets are likely to be tight given the chaos in the capital markets. Entrepreneurial efforts may prove more difficult to pursue in the months ahead.The community's best option for economic development post-crisis is to protect the economic actors that proved profitable prior to the crisis. The loss of independently-owned small businesses,particularly restaurants and drinking establishments,would have a negative impact on Tigard's quality of life and livability when the current COVID-19 crisis is over. Similarly,the loss of non-profits would impact essential services for the community. It could take months,or even years, for some empty storefronts to be re-tenanted. Federal Actions The Federal government took further action on March 23 to expand the scope of mortgage loan relief,in the form of payment forbearances,to include multifamily developments.This relief is only available for loans backed by Fannie Mae and Freddie Mac and is contingent on a prohibition on evictions of tenants for nonpayment of rent throughout the relief period.While this effort will certainly help some renters,it is an opt-in program at the property owners'discretions,and only and estimated 44%of multifamily units are backed with funds from Fannie Mae and Freddie Mac. This action mirrors the Federal action on March 19 to force servicers administering mortgages backed by Fannie Mae and Freddie Mac to allow deferments of payments for a period of at least three months for households impacted by COVID-19. Finally,on March 27,2020,the President signed into law the Coronavirus Aid,Relief,and Economic Security CARES")Act which restricts lessors of covered properties from filing new eviction actions for nonpayment of rent for 120 days after the signing of the bill. Covered properties include residential properties that participate in certain federal housing programs or have a federally backed mortgage loan or multifamily mortgage loan. State Actions On March 22, Governor Brown issued a moratorium on residential evictions. However,this moratorium does not mirror the actions previously taken by cities and counties throughout the state and is more limited in scope. There are two critical differences between state and local actions relating to residential evictions to date.The first is that the Governor's moratorium only applies to law enforcement action related to writs of termination of tenancy and forcible entry and detainer (FED)proceedings. The measures adopted to date in Beaverton, Portland,and Sherwood, Gresham,and Clackamas County appear to be process-wide,meaning that they do not apply solely to the enforcement of evictions,but prohibit any action to initiate eviction proceedings on the front end. The other major difference is that each of the cities that has enacted a moratorium on either residential or commercial evictions are providing for a six-month period after the end of the emergency to allow tenants to become current.Without this provision,the region is likely to see a glut of evictions all at once when emergency declarations expire.Although not every tenant will be able to pay the rent in arrears,many more may be able to with a return to normal economic activity,and that six-month period may be critical to allowing residents and businesses a chance to stabilize. Additionally,the legislature has created a Special Joint Committee on Coronavirus Response,which has met four times over the past few weeks. It has created a list of issues which includes a moratorium on all terminations,with an exception for terminations for violence,threats or physical harm.The legislature is expected to convene at any time for this and other issues associated to the COVID-19 response. Local Actions Due to concerns about the immediate and present danger to households,a number of cities have chosen to act to prohibit evictions during the state of emergency.These actions generally do not prohibit a landlord from requiring rent or pursuing eviction proceedings at the end of the crisis,however they do address the immediate danger to the community.As such,these actions are at best a stopgap measure,albeit one that is intended to address the immediate impacts of eviction outlined earlier in this memo. The City of Portland issued a joint moratorium on March 19 with Multnomah County to prohibit evictions within their jurisdictional boundaries.The ordinance's key provisions include: A moratorium on evictions of affected households from residential units due to nonpayment of rent. Clear statement that tenants are not relieved from liability for eventual payment of rent,but will have a period of not less than six months after the conclusions of the emergency to pay all accrued unpaid rent. Requirement that tenants must provide affirmative defense to eviction by demonstration that they are an affected household,as defined in the ordinance. Provisions for penalties to landlords who violate the ordinance,including and up to injunctive relief to a tenant. The City of Portland may be the most high-profile of Oregon's cities to issue a moratorium,however they are not alone. The City of Beaverton issued an eviction moratorium on March 17th.While offering many of the same protections, and the same allowance for six months after the emergency is concluded to pay accrued unpaid rent,the ordinance is simpler.Major differences include: A broader definition of affected households to include any household that experiences substantial loss of income related to COVID-19 and the containment measures in place,during the state of emergency. Provisions prohibiting evictions from any housing unit receiving funding from the City of Beaverton or the Housing Authority of Washington County. Requirement that any place of lodging must accept individuals whose rent is subsidized by the City of Beaverton or the Housing Authority of Washington County. The City of Sherwood, acting on March 19th,ratified by resolution the City Manager's emergency order prohibiting evictions.Much of the language of Sherwood's order is mirrored on the Portland and Beaverton actions,with some notable differences: Sherwood extended the prohibition to include commercial tenant evictions to protect its local business community. On March 19,the Gresham City Council took action to bar residential landlords from evicting renters during the state of emergency for any reason connected to the emergency,as well as "no-cause"evictions. The action similarly bars commercial property owners from terminating wuunerc iai leases for any purpose related to the emergency.Violators of the moratorium would be denied rental or business licenses to operate at the location for one year. The same day,the Clackamas County Board of Commissioners announced an eviction moratorium in the county and directed staff to draft an ordinance to that effect for adoption. Other regional cities issuing moratoria include Seattle,San Jose,Los Angeles,and San Francisco. Governor Jay Inslee of Washington took statewide action on March 18th,two days after the Seattle ban. OTHER ALTERNATIVES Council could instead: Adopt a moratorium on residential evictions only; Adopt a moratorium on commercial evictions only;or Adopt a moratorium on evictions without a payback period. Adopting one type of moratorium without the other or removing the payback period potentially makes the community less resilient to the economic impacts of the public health emergency,as businesses will need workers and workers will need jobs to return to.Protecting the city's workforce and employment base will help to lessen the local impacts and speed recovery. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Affordable Housing Plan (June 2019) Tigard Comprehensive Plan Goals 9 (Economic Development) and 10 (Housing) DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution AgendaQuicke2005-2020 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION PROHIBITING ACTIONS TO INITIATE EVICTION PROCEEDINGS AGAINST RESIDENTIAL AND COMMERCIAL TENANTS IMPACTED BY THE COVID-19 PUBLIC HEALTH EMERGENCY WHEREAS, On January 30, 2020, the World Health Organization declared the outbreak of novel coronavirus COVID-19)"a public health emergency of international concern";and WHEREAS, On January 31, 2020, the United States Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation's healthcare community in responding to COVID-19;and WHEREAS, On March 8,2020,Oregon Governor Kate Brown declared an emergency under ORS 401.065 et seq. due to the public health threat posed by COVID-19;and WHEREAS, On March 11, 2020,the World Health Organization announced that COVID-19 is now a global pandemic;and WHEREAS,On March 12,2020,Oregon Governor Kate Brown ordered all schools in the state closed until at least April 1,2020;and WHEREAS, On March 13, 2020, the President of the United States issued a proclamation of a national emergency concerning COVID-19;and WHEREAS, On March 17, 2020, the Tigard City Council ratified an emergency declaration to strengthen the City's preparedness to respond to the public health emergency and to protect the health, safety, and welfare of the City's residents,workers,students,and visitors;and WHEREAS, On March 17, 2020,Oregon Governor Kate Brown issued Executive Order 20-08 extending the closure of schools until April 28;and WHEREAS, On March 23, 2020, Oregon Governor Kate Brown issued Executive Order 20-12 'Stay Home, Save Lives', which orders the closure of non-essential businesses and directs individuals to stay home to the maximum extent possible and to maintain social distancing and WHEREAS,As of March 25,2020,the confirmed cases of COVID-19 have surpassed 838,061 worldwide with more than 41,261 reported deaths and 177,452 cases in the U.S.resulting in over 3,416 American deaths;and WHEREAS, As a result of the rate of spread and the recommendations and orders intended to mitigate the impact of the public health emergency,many businesses have experienced severe economic impacts due to loss of business and decreased revenue which has resulted in many employers reducing hours, canceling shifts, or closing;and RESOLUTION NO.20- Page 1 WHEREAS, Workers in the service industry sectors are likely to experience the greatest impact on their personal health and safety as a result of regular contact with members of the public and on their economic welfare as a result of event cancellations,business closures,and declining patronage;and WHEREAS,The economic welfare of many of Oregon's working families are dependent on the health of small businesses and the service industry most at risk from impacts from the public health emergency,and WHEREAS,Commercial evictions may result in closure of businesses,which in turn will result in further loss of employment, exacerbating these effects, negatively impacting the availability of essential goods and services including food, and causing long-term damage to the local economy and its ability to recover from the public health emergency;and WHEREAS, The loss of income can inhibit Tigard's residents and businesses from fulfilling their financial obligations;and WHEREAS, The State of Oregon, the metro region, and the City of Tigard were already experiencing a housing crisis of unprecedented scope and scale prior to the public health emergency;and WHEREAS, Eviction from housing can place both the evicted household and the broader community at risk during the public health emergency;and WHEREAS, On March 18, the United States government took unprecedented action to provide payment forbearances of up to 12 months for homeowners with mortgage loans backed by Fannie Mae and Freddie Mac;and WHEREAS, On March 23, 2020, the United States government extended mortgage forbearance to loans on multifamily properties backed by Fannie Mae and Freddie Mac,on the condition that no tenants be evicted for nonpayment for the duration of the forbearance;and WHEREAS, On March 22, 2020, Oregon Governor Kate Brown issued Executive Order 20-11, placing a moratorium on law enforcement officer actions to serve or enforce writs of termination of tenancy related to residential evictions for non-payment;and WHEREAS, In order to encourage Tigard residents and businesses to comply with the Governor's `Stay Home, Save Lives' order and prevent further spread of COVID-19, the City must protect its residents and businesses from the fear of potential eviction due to economic dislocation;and WHEREAS, On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security ("CARES") Act which restricts lessors of covered properties from filing new eviction actions for nonpayment of rent for 120 days. Covered properties include residential properties that participate in certain federal housing programs or have a federally backed mortgage loan or multifamily mortgage loan;and WHEREAS,The ability to maintain housing and the availability of essential goods and services during and after this public health emergency is a public health imperative;and RESOLUTION NO.20- Page 2 WHEREAS, Jurisdictions across the region and the country are considering or have implemented eviction prevention measures to provide housing and business stability during this unprecedented public health emergency;and WHEREAS, The City of Tigard desires to protect the health, safety, and welfare of its residents, workers, students,and businesses during a period of local,state,and national emergency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: This resolution is in accordance with City Council's March 17, 2020 Declaration of Emergency and provides additional measures to address these emergency conditions. SECTION 2: A temporary moratorium is imposed in the City of Tigard on all residential and commercial evictions and termination of leases on the basis of nonpayment of rent due to loss of wage or business revenue resulting from the COVID-19-related public health emergency. SECTION 3: To establish eligibility for this moratorium,affected tenants must: a. Demonstrate substantial loss of income, through documentation or other objectively verifiable means, resulting from the COVID-19 public health emergency,including federal, state,county or City of Tigard restrictions imposed to mitigate its spread;and b. Notify their landlords on or before the day that rent is due that they are unable to pay rent due to substantial loss of income as a result of the COVID-I9 pandemic. SECTION 4: Nothing in this moratorium shall relieve tenants of liability for unpaid rent,which landlords may seek, and tenants must pay within six months after expiration of the City of Tigard's dedaration of emergency, including any extensions thereof. No late fee may be charged or collected for rent that is delayed for the reasons stated in this moratorium,nor may a landlord seek rent that is delayed for the reasons stated in this moratorium through the eviction process for a period of six months after expiration of the City of Tigard's declaration of emergency. SECTION 5: Any place of lodging within the City of Tigard must accept or retain housing any individual whose payment is subsidized either by the City of Tigard or Washington County or a contractor of either the City of Tigard or Washington County. For the purposes of this provision, subsidy is considered any grant, loan, or exemption from any tax, fee, or charge related to development,construction,or operation of any housing or lodging unit. SECTION 6: Refusal to accept or retain housing of individuals whose payment is subsidized either by the City of Tigard,Washington County,or a contractor of either the City or Washington County during the period in which the City of Tigard's declaration of emergency is in effect,including any extensions thereof,will be subject to fines and penalties to the greatest extent possible. SECTION 7: These temporary measures shall remain in effect for the duration of the declaration of emergency set forth in the March 17,2020 Declaration of a State of Emergency,and for such time as that declaration may be extended. RESOLUTION NO.20- Page 3 SECTION 8: If any provision of this resolution or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable. This City Council hereby declares that it would have adopted this resolution irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the resolution be enforced. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 4 SUPPLEMENTAL PACKET FOR it - _7 _ ac' DATE OF MEETING) c City ofTigard c,n a I Residential and commercial Eviction Moratorium To Address COVID-19 Public Health Emergency r' . 1'1GARD City ofTigard COVID-19 Emergency Moratorium Stay-at-home orders to address public health emergency. Non-essential businesses have been required to close. Economic impacts have lead to record layoffs and claims for unemployment. City ofTigard COVID- 19 EMoratorium Residential evictions worsen public health emergency. Commercial evictions make it harder for business community to recover, re-hire workers. City of'Tigaed Local, State, and Federal Actions Local precedent — Beaverton, Sherwood, Portland, others State actions — prevent residential and commercial evictions Federal actions — voluntary, only affect multifamily with Fannie, Freddie loans 1111111CityofTigard Tigard's Actions — KeyDistinctions Tied to Tigard's emergency declaration timing, not state's. Allows for a 6-month repayment period at expiration of emergency (same as other local cities, but not state). Requires lodging and housing providers to accept tenants with vouchers. SUPPLEMENTAL PACKET FOR 41- 7-: Uf.r) DATE OF MEETING) 3To:Mayor Snider and Tigard City Councilfihda !/Ler19 CC:Marty Wine, Kenny Asher,Schuyler Warren Re:Resolution Enacting a Moratorium on Residential and Commercial Evictions Date: April 6,2020 I'm writing to express support for the proposed resolution to enact a moratorium on evictions in response to the COVID-19 public health emergency. This crisis has made it abundantly clear that access to housing is a critical public health issue. Lack of appropriate sanitation places individuals and the community as a whole at risk. Ensuring that members of our community who are negatively impacted by the public health response to decrease exposure of the virus don't lose their homes is essential for their health,and ours.As a member of UniteOR, I would ask that the City reply and support the request from the UniteOR Washington County cohort sent Mayor Snider(attached). With many business activities curtailed due to the stay-at-home orders, many businesses have to choose between paying wages and paying rent.These are two bad choices, both of which have negative consequences, not just for individual businesses but for those who depend on those businesses for services,goods and employment as well. Taking steps to mitigate the scale and impact of the economic consequences of the public health response to the COVID-19 pandemic will be ongoing. I appreciate the efforts you and the City's staff have taken so far. I urge you to consider adopting the proposed moratorium resolution as a necessary step in what will likely to be a difficult journey.A journey that we will take together as a community, with your help. Thank you for your consideration. Yours in sequestration, Carine Arendes 9524 SW North Dakota St. Tigard,OR 97223 SUPPLEMENTAL PACKET FOR If- 7 -420-go ignite or, ATE OF MEETING) dQ /-fern .3 Request for Tenant and Housing Protections in Light of the COVID-19 Pandemic Dear Chair Harrington, Mayor Doyle, Mayor Snider, Mayor Callaway, and Mayor Bubenik, In light of the growing, worldwide coronavirus pandemic and the spread of COVID-19, Unite Oregon and the communities we organize request that Washington County and the cities of Beaverton, Hillsboro, Tigard, and Tualatin step up to pass policies helping stabilize tenants in their homes during this time. As many members of our communities lose their jobs or see their hours reduced due to coronavirus-related layoffs, every day brings more risk and precarity to immigrants, refugees, and the working class, amid an already-precarious public health situation. Rental tenants remaining in their homes is a public health priority. After all, it is impossible to effectively implement social distancing if you are evicted, and forced out on the streets or informal encampments. Beaverton and Washington County have an opportunity to step up as national leaders in protecting vulnerable community members, and we urge you to do so as soon as is humanly possible. We are heartened by your announcement that a rent moratorium policy is in the works, and we send this letter with suggestions for how to craft such a policy. In particular, we propose that the City and County take several measures to help renters remain in their homes: Implement a rent forgiveness program during the coronavirus-related State of Emergency. We urge you to go farther than Multnomah County's recently-announced "rent moratorium," because we know that delaying the payment of rent to private landlords will merely change when we see a wave of coronavirus-related evictions, but will not stop the evictions themselves. We call for a full rent forgiveness program: tenants should be relieved of their obligation to pay rent if they are impacted by the coronavirus and associated layoffs. We also believe that the City and County should set up a fund to support small-scale landlord who might be impacted by such a policy, but also that tenants must be forgiven from paying rent during the emergency. In the event that you adopt a moratorium on rents instead of rent forgiveness, we urge you to ensure tenants do not have to pay late fees or penalties; we do not want to see a wave of uri i t Request for Tenant and Housing Protections in Light of the COVID-19 Pandemic evictions after the expiration of the crisis, nor do we want our communities to go into debt in order to remain in their homes. Support for low-income homeowners. Not every member of our communities is a renter, and thus we urge you to implement housing stabilization policies which help low-income homeowners pay their mortgages in the event of coronavirus-related job consequences. Adopt a low-or no-barrier verification policy to any rent forgiveness or moratorium program. We urge you to do this in a no-barrier way; that is, we encourage the City and County to forgive rent without requiring onerous verification procedures, which can be difficult to navigate in the best of times. To the extent that you must put verification processes in place, we urge you to create humane alternatives for those who may have difficulty "proving" that they have been impacted by the coronavirus, but who are nonetheless struggling to make rent. And as with our demand below, all information should be provided in multiple languages to ensure that every member of our community is being served. Suspend all evictions through the Washington County Sheriff's Office. In the event that there are any ongoing evictions being served on tenants by the Washington County Sheriffs Office, we urge you and the Sheriff to suspend those during the state of emergency. Work with the Oregon Judicial Department and Washington County Circuit Court to suspend all eviction proceedings during the state of emergency. While we understand that the City and County do not have the unilateral power to end evictions cases in the state court system. However, as we've seen in Multnomah County, you do have the ability to influence the local operations of the Oregon Judicial Department, and we urge you to work with them to suspend evictions proceedings during the crisis. Support unhoused individuals with hotel vouchers and additional legal protections. We urge you to issue hotel vouchers to unhoused individuals, a particularly vulnerable population, to enable people to seek shelter during the crisis. Because of the specific risks unhoused individuals face - and the disproportionate harm that would be caused by a COVID-19 outbreak in shelters and camps -we further urge you to forbid local hotels and motels from discriminating against unhoused individuals who are seeking shelter for public utecregn Request for Tenant and Housing Protections in Light of the COVID-19 Pandemic health reasons. To further ensure that members of the community are able to seek shelter in hotels, we urge you to pass a policy waiving ID and credit card verification requirements for hotel guests during the crisis, especially for those individuals who receive hotel vouchers as outlined above. Shelter unhoused youth. Youth without homes -the majority of whom, statewide, live in Washington County- are uniquely vulnerable in a crisis as a result of their lack of shelter and, often, lack of steady employment or other financial support. The majority of shelters in Washington County, including seasonal Severe Weather Shelters, are not equipped or, sometimes, even permitted to shelter youth under the age of 18. Youth are not able to shelter in hotels without an adult present. This leaves unhoused youth with few good options. While Safe Place for Youth, the only youth shelter in Washington County, has expanded their capacity, the reality is that they can only do so much. We urge you to find creative solutions to shelter unhoused youth in sanitary conditions aware from the threat of COVID-19, perhaps in public buildings like now-closed schools or others. Ensure information about coronavirus and relief programs is available in multiple languages. Our immigrant and refugee communities face additional barriers to accessing supportive programs and public health information when such information is only available in English. We urge you to work with the Oregon Health Authority and CDC to make information about coronavirus available in as many languages as possible. And we urge you to ensure that information about any and all relief programs during the crisis is available in multiple languages, especially Spanish, Russian, Arabic, Somali, Swahili, Vietnamese, Mandarin (Chinese), Zomi, and Nepali. We're proud of the work we have all done together across Washington County and in your respective cities to lift up and support immigrants, refugees, people of color, and working-class communities across Beaverton and Washington County. In this time of unprecedented crisis, risk, fear, and uncertainty, we urge you to continue demonstrating your moral and political leadership by ensuring that our communities do not suffer disproportionately during this time. Because time is of the essence, we ask for your formal response to these requests by Wednesday, April 1st, 2020, via email to Sushma Raghavan, Unite Oregon's Field Director, at sushma@uniteoregon.org. v, Request for Tenant and Housing Protections in Light of the COVID-19 Pandemic Respectfully, Unite Oregon Washington County Housing Leadership Cohort: Daniel Belmont, Steven Chang, Farhanaz Zaman, Teresa Payne, Muna Daher, Joey Whiting, and Gonzalo Calderon Submitted by Kayse Jama, Executive Director, Unite Oregon 503) 913-5154 I kayseCa uniteoreaon.ora Please note:In accordance with our organizational policy, all of our staff have begun working remotely in light of the spread of coronavirus. As a partner organization, we hope that as one-on-one or small group meeting needs arise, that you will please accommodate our policy by making alternative call-in or video-conference options available.