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City Council Packet - 03/02/2021 N " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: March 2, 2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oreton House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tivard-or.vov/Comments.All comments must be submitted before 4:30 p.m. the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed. to be placed in the queue. We ask that you plan on limiting your testimony to three minutes. To testify at public hearings for Agenda Items No. 5 or No. 6,please call in at the beginning of each hearing. Note that times on the agenda are approximate. SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: httn://www.tivard-or.zov/city hall/council meeting.php 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. ligCity of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: March 2,2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM •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. 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Written public comment received by 4:30 today. B. Phone-in Public Comment. Please call 503-966-4101 between 6:15 and 6:30 p.m. to be placed in the caller queue for general comments. To testify at public hearings for Agenda Items No. 5 or No. 6,please call in at the beginning of each hearing. Note that times on the agenda are approximate. C. Follow-up to Previous Public Comment 3. CONSENT AGENDA: (Tigard City Council)The Consent Agenda is used for routine items including minutes and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting.These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action.Motion to: A. CONSIDER RESOLUTION APPROVING TVF&Rs ORDINANCE ADOPTING A FIRE PROTECTION PLAN •Consent A2enda-Items Removed for Sebarate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion. 4. INTRODUCTION TO METRO COUNCILOR ROSENTHAL 6:45 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 5.24 RELATED TO TRANSPORTATION NETWORK COMPANY(TNC) POLICY 7:00 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ALLOWING PAYMENT PLANS OF LONGER THAN ONE YEAR FOR TIGARD UTILITY CUSTOMERS DURING THE COVID-19 EMERGENCY 7:25 p.m. estimated time 7. NON-AGENDA ITEMS 8. ADMINISTRATIVE REPORT 9. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss hiring an officer or employee,under ORS 192.660(2)(a).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. 7:40 p.m. estimated time 10. ADJOURNMENT 8:00 p.m. estimated time Is I MI I ., TIIGARD Meeting of the Tigard Council March 2, 2021 Public Testimony Received By 4:30 p.m. on 3/2/2021 March 1, 2021 Anna Richter Taylor, representing Uber (Agenda Item No. 5 Public Hearing on TNC Policy) February 26, 2021 Sam Cho, Lyft (Agenda Item No. 5 Public Hearing on TNC Policy) Carol Krager From: Anna Richter Taylor <anna@artpublicaffairs.com> Sent: Monday, March 1,2021 2:36 PM To: Carol Krager Subject: Public Comment for Tigard Municipal Code Chapter 5.24 Related to Transportation Network Company(TNC) Policy your g C Warning!This message was sent from outside or anization and we are unable to Allow sender I Block sender verify the sender March 1, 2021 Members of the Tigard City Council: My name is Anna Richter Taylor and I represent Uber in the Portland area. I have just a few quick comments on the ordinance in front of you. First- I want to thank the City staff for working with us and putting in front of you a number of small tweaks that will help ensure the goals of this ordinance are met without causing unnecessary barriers to earning opportunities for drivers, and costs for the City, riders and companies. There are some outstanding concerns that as written, Uber will be required to turn over data from riders and drivers that is not needed to ensure compliance with the regulations in the ordinance and therefore create unnecessary privacy risks. These are complicated issues and there simply was not adequate time to address these concerns with city staff before presented to the council for action. We are hopeful that should this ordinance pass, we can work together to make future adjustments to reduce these risks. Second -We think it is important that the public and council members know that there are no unregulated rides happening on the Uber app in Tigard. All drivers and vehicles that currently provide or take trips that begin in Tigard are already fully compliant with Portland regulations for Transportation Network Companies or TNCs. This ordinance does not alter the standards a driver must meet to be registered with the company. Third - Given that the City of Portland is already ensuring compliance for all drivers, we do not believe there is rationale for adding a new fee that residents and visitors who originate a ride in Tigard will now have to pay. Fourth -We don't support or oppose the ordinance, but we do believe it is unnecessary given that all drivers are already registered through the City of Portland system, and we do wish we had been given more time to work with the city staff prior to the drafting of the ordinance to understand the goal so all issues could be resolved prior to a vote. That said, as we started, we appreciate the staff's accessibility and Uber is committed to a cooperative working relationship with the City of Tigard to address the outstanding issues on data and future work to ensure a positive experience for Uber drivers and riders. Thank you for your time. Anna Richter Taylor ART Public Affairs anna@artpublicaffairs.com www.artpublicaffairs.com 503-881-0491 2 Carol Krager From: Dave Roth Sent: Tuesday, March 2, 2021 5:35 PM To: Carol Krager Subject: FW:City of Tigard TNC Policy Attachments: Lyft_Tigard Ordinance Comments.pdf Here you go. From:Sam Cho<scho@lyft.com> Sent: Friday, February 26,2021 6:07 PM To: Dave Roth<daver@tigard-or.gov> Cc:Shelby Rihala<shelbyr@tigard-or.gov>; Elizabeth Gallagher<egallagher@lyft.com>; Chris Thomas <christhomas@lyft.com> Subject: Re: City of Tigard TNC Policy Caution!This message was sent from outside your organization. Allow sender I Block sender Hi Dave, Thanks for the conversation earlier this week.Please find the attached comments and proposed improvements from Lyft. As we discussed, although the 50 cent fee is not ideal,Lyft would be fully supportive of the proposal if the funds were earmarked for a subsidized WAV program or EV infrastructure program. Please feel free to reach out with any questions or need for clarification. Thanks and have a great weekend. Best, Sam On Wed,Feb 17,2021 at 6:27 PM Dave Roth<daver(cr�,tigard-or.gov>wrote: Good Evening, Tigard's City Council will consider adoption of a new TNC Policy and Ordinance at their March 2,2021 Council Meeting. There will be an opportunity to provide public testimony at the meeting,however city staff would welcome any comments or feedback on proposed Tigard Municipal Code language(see attached)that would enact the TNC Policy. We request comment no later than end of day,Friday,February 26,2021. 1 Thank you, Dave Dave Roth Senior Transportation Planner City of Tigard 503-597-9667 daver@tiBard-or.gov Tigard:An equitable community that is walkable, healthy, and accessible for everyone. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested,e- mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. F-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." Sam Cho Public Policy I Pacific Northwest (425)466-7515 Pronouns: he/him/his IgA 2 • (yR City of Tigard TNC Ordinance Lyft Comments We appreciate the City of Tigard's willingness to receive and consider our feedback regarding the proposed ordinance governing Transportation Network Company platforms in the City. We recognize the City's desire to understand how TNC activity is affecting road usage, congestion, and overall livelihood of Tigard residents. Based on our experience,we believe this ordinance overall is cumbersome for a city of Tigard's size. For instance,the proposed data sharing requirements, modeled off of Portland's data collection practices, are not an appropriate solution for a city of Tigard's market size.We also believe this is demonstrated by the fact that even Tigard does not intend to administer the regulations themselves,but will be outsourcing the work to the Portland Bureau of Transportation (PBOT)for a service fee. We believe the City can achieve its goals by adopting a framework that makes sense for the size of Tigard and reflects the Lyft ride volume generated in the City. Additionally,the proposed 50 cent per trip fee will be in far excess of what the city needs to pay for the administration of these regulations through PBOT.We strongly urge the city to earmark all excess funds from this per trip fee towards two programs: 1. Subsidizing wheelchair accessible vehicle (WAV)programs in Tigard. 2. Funding electric vehicle(EV) charging infrastructure in the city of Tigard. Lyft believes these are the best use cases for the per trip fees and would be supportive of these programs should the funds be earmarked for these purposes. Finally,per your request,below you will find changes where we believe the ordinance can be improved from a compliance perspective. We hope that the City will consider the changes we have outlined above below. Please feel free to reach out for any further information or clarification. Sincerely, Sam Cho Public Policy Manager Pacific Northwest Region Per Trip Fee 5.24.030 TNC Permit Required; Fees. (2) Permit Fee. A INC must pay the City a 50¢fee per trip originating within the City of Tigard. Revenue generated by fees shall be restricted to City service areas impacted by the operation of TNCs or involved in the regulation and administration of TNC policy including public safety, transportation planning, transportation engineering, transportation capital improvements, and code enforcement; wheelchair accessible vehicle and electric vehicle infrastructure programs; and for costs of administering the program. We propose that the City add the above language in bold to section 5.24.030 of the proposed ordinance.As discussed,Lyft would strongly support the City earmarking a portion of any excess funds to initiatives around subsidizing Wheelchair Accessible Vehicle(WAV) programs or Electric Vehicle(EV)infrastructure or conversion programs.Allocating funds to these programs would better serve'INC passengers using wheelchairs and other mobility devices, and support sustainability efforts in Tigard. For example,the City of Portland maintains a "PDX WAV Program"that provides support to WAV service providers in Portland.Expanding such a program to Tigard would allow TNCs to strengthen WAV services in the City.We strongly urge the city to dedicate these funds to these two initiatives. Insurance Requirements 5.24.060 TNC Insurance Requirements. (3) Additional Insured and Notification of Policy Changes. The TNC will provide certificates of insurance naming the City of Tigard, its officers, agents, and employees as an additional insured party via blanket endorsement and give at least thirty (30) calendar days'notice to the City or its designee before a policy is canceled, expires, or has a reduction in coverage. Insurance coverage requirements include commercial general liability,primary commercial vehicle insurance, worker's compensation and employer's liability insurance (as required by state law). We respectfully propose that the City add the above language in bold to section 5.24.060 of the proposed ordinance. Lyft provides additional insured status to cities via blanket endorsement. Functionally,the blanket endorsement will provide the same coverage as naming the City. Privacy Agreement 5.24.120 Intergovernmental Agreement;Effect of Local Regulations (a) TNCs operating in the City will provide Portland all required ride data and driver information necessary to successfully certify and recertify City TNC drivers and issue TNC Company permits, INC Driver and TNC Vehicle Certifications in conformance with Portland City Code 16.40, as adopted and hereafter amended. The City will receive ride data and driver information from Portland only as the data and information pertains to operations in Tigard pursuant to applicable data sharing agreement. We propose that the City add the above language in bold to section 5.24.120 of the proposed ordinance. The driver and passenger trip data that Lyft shares with PBOT as required by local INC regulations is protected both by confidentiality provisions in Portland's TNC ordinance as well as a Non-Disclosure Agreement between PBOT and Lyft. Both the Portland TNC ordinance and NDA prohibit PBOT from sharing driver data with third parties,which would include Tigard.Therefore, a data sharing agreement will need to be established before any Lyft data is shared between Tigard and Portland. AIS-4579 3. A. Business Meeting One Meeting Date: 03/02/2021 Length (in minutes): Consent Item Agenda Title: Consider Resolution Approving TVF&R's Ordinance Adopting a Fire Protection Code Prepared For: Mark VanDomelen, Community Development Submitted By: Joe Patton, Community Development Item Type: Resolution Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Presenting a resolution approving Tualatin Valley Fire and Rescue's ("TVF&R") ordinance 20-01 which adopts a "Fire Prevention Code". Seeking Council approval of the resolution. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adopting a resolution to approve TVF&R's Ordinance 20-01 adopting a "Fire Prevention Code." KEY FACTS AND INFORMATION SUMMARY The Oregon Fire Code (OFC) is published every three years. In the past, in conjunction with Tualatin Valley Fire and Rescue (TVF&R) the City of Tigard has passed ordinances to adopt the OFC with amendments by TVF&R. Starting in 2019, the Oregon Building Codes Division got an interpretation from the State Attorney General's office that the OFC was not under the jurisdiction of the Oregon Building Codes or Oregon Building Officials. Pertinant sections of the OFC were added to the Oregon Structural Specialty Code (OSSC) and the OFC became no longer enforcible by Building Divisions. TVF&R is required to adopt, by ordinance, a "Fire Prevention Code" and they have done so based on the OFC. This will be the first time that the City of Tigard Building Division, in conjuntion with TVF&R, is asking for consideration of a resolution for this purpose. ORS 478.924 requires a city to approve, by resolution, a fire prevention code adopted by a rural fire protection district if that city desires to have the adopted fire prevention code apply within that city. Tualatin Valley Fire & Rescue, the rural fire protection district that provides fire protection within the City of Tigard and has adopted a "Fire Prevention Code" by Ordinance 20-01. OTHER ALTERNATIVES There are no other alternatives if the City continues to have TVF&R serve as our fire district. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution TVF&R Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21 - A RESOLUTION APPROVING TUALATIN VALLEY FIRE & RESCUE FIRE CODE ORDINANCE NO. 20-01. WHEREAS, Tualatin Valley Fire & Rescue (TVF&R) provides fire code enforcement and firefighting services to the City of Tigard;and WHEREAS, ORS 478.924 requires a city to approve, by resolution, a fire prevention code adopted by a rural fire protection district if that city desires to have the adopted fire prevention code apply within that city;and WHEREAS,Tualatin Valley Fire&Rescue,the rural fire protection district that provides fire protection within the City,has adopted a"Fire Prevention Code"by Ordinance 20-01,a copy of Ordinance 20-01 is attached and incorporated as Exhibit A;and WHEREAS,Tualatin Valley Fire&Rescue's Ordinance 2020-01 repeals the prior Fire Code ordinance;and WHEREAS,the City desires to approve the most current Tualatin Valley Fire &Rescue Fire Code Ordinance in order to have it apply within the City. NOW,THEREFORE,BE IT RESOLVED,BY THE CITY OF TIGARD AS FOLLOWS: SECTION 1: Pursuant to ORS 478.924,Tualatin Valley Fire&Rescue's Fire Code Ordinance 2020-01 is hereby approved and will apply within the City of Tigard. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION No.21 - Page 1 ORDINANCE 2020-01 AN ORDINANCE ADOPTING FIRE CODES AND STANDARDS FOR TUALATIN VALLEY FIRE AND RESCUE, A RURAL FIRE PROTECTION DISTRICT, PROVIDING FOR A REASONABLE LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE HAZARDS OF FIRE, EXPLOSION OR DANGEROUS CONDITIONS IN NEW AND EXISTING BUILDINGS, STRUCTURES, AND PREMISES AND TO PROVIDE SAFETY TO FIREFIGHTERS AND EMERGENCY RESPONDERS DURING EMERGENCY OPERATIONS, AND REPEALING ORDINANCE 14-02. WHEREAS, Tualatin Valley Fire & Rescue, A Rural Fire Protection District, has developed uniform fire regulations for the jurisdictions served; and WHEREAS, Tualatin Valley Fire and Rescue, A Rural Fire Protection District, hereinafter referred to as the District, finds it necessary to adopt regulations that establish a minimum level of fire safety, thus does hereby adopt the following regulations; and now, therefore; IT IS ORDAINED AS FOLLOWS: TITLE AND FILING: This ordinance, including the codes hereby adopted, shall be filed with Oregon State Fire Marshal's office and shall be posted at each fire station as prescribed by ORS 478.940. From the date on which this ordinance shall take effect,provisions thereof shall be controlling within the territorial limits of the District and within each city and county within the District approving pursuant to ORS 478.924. SCOPE: The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to firefighters and emergency responders during emergency operations as authorized by ORS 478.910. SECTION I—ADOPTION OF THE DISTRICT'S FIRE CODE: For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, except as amended under Sections II, the Oregon Fire Code adopted by the Oregon State Fire Marshal, as it is replaced andamended from time to time, is hereby adopted as the District's Fire Code. It is the intention of this ordinance that the District automatically adopts the latest Oregon Fire Code including any amendments as adopted by the Office of the State Fire Marshal without any additional action necessary by the District. Such codes and amendments are adopted on the effective date of the administrative rule adopted by the Office of State Fire Marshal. SECTION II—ENFORCEMENT OF FIRE CODE Notwithstanding provisions in the Oregon Fire Code authorizing or requiring inspections of buildings and premises, issuance of permits, review of plans testing of fire protection systems and equipment, or provisions providing for enforcement of the Code, such inspections, plan review,permits, testing, and enforcement of the Code shall be discretionary by the Chief and other individuals charged by the Chief with such activities. The District recognizes that it has limited financial resources with which to provide fire, Tualatin Valley Fire&Rescue 1 Ordinance 2020-01 rescue, and other services and functions and is forced to make public policy decisions as to allocation of District resources. Although the District places a high priority on prevention, inspection, and maintenance of fire systems, due to financial limitations, it is the Board's policy to require inspections,plan review, permits or testing only so often as, and where necessary,to provide a reasonable level of fire and life safety. Accordingly, although the Fire Chief and other individuals charged by the Chief with these activities are encouraged to pursue them, performing such activities, as well as the scope and frequency of such activities, shall be within the discretion of the Fire Chief. It is the intention of the District to make clear that the District's duty to perform the inspections,plan review, issuance of permits and testing, or to take enforcement actions as set forth in the Code, is limited to providing a reasonable level of fire and life safety. Such actions are discretionary. SECTION III—AMENDMENTS TO THE OREGON FIRE CODE: There are no amendments to the Oregon Fire Code adopted by the Oregon State Fire Marshal SECTION IV—FEES Cost based fees may be imposed for plan review, inspections, permits or other fire code related services the District is authorized or required to provide under the Fire Code or other applicable statute or regulation, as prescribed in the District's Master Fee Schedule. SECTION V—PENALTIES Any person who violates any of the provisions of these regulations hereby adopted or fails to comply therewith, or violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specification or plans submitted and approved thereunder and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction within the time affixed herein, shall severally, for each and every such violation and non-compliance respectively,be guilty of a violation of the Fire Prevention Code as provided in ORS 478.930,punishable upon conviction as prescribed by ORS 478.990. All fines or punishments authorized upon conviction shall include the costs to the District to remedy the violation including costs of towing, storage, or removal of the hazard or obstruction if necessary. The Chief or designated representative may bring a complaint in law or in equity to alleviate a violation of this ordinance as well as in addition to the rights to enforce said ordinance under the provisions of ORS 478.930 and ORS 478.990. Reinspection fees may be applied for failure to correct violations in accordance with the District's Master Fee Schedule in addition to any other penalties. SECTION VI—FIRE CODE BOARD OF APPEALS As authorized by ORS 479.180, the District may establish a board of appeals. Such board of appeals may be implemented through bylaws and standard operating guidelines adopted by the District. SECTION VII—REPEAL OF CONFLICTING ORDINANCES The provisions of this ordinance,i.e., the Fire Code, shall be controlling within the territorial limits of the District and within each city and county within the District approving pursuant to ORS 478.924. If an existing fire code ordinance has been approved within any city or county within the District,the District Tualatin Valley Fire&Rescue 2 Ordinance 2020-01 desires that the existing fire code continue in effect until such time as the cities and counties within the District have approved this new Fire Code pursuant to ORS 478.924. Accordingly, all former ordinances or parts thereof, which are conflicting or inconsistent with the provisions of this ordinance or of the code or standards hereby adopted, are hereby repealed, effective on the effective date of this ordinance; provided, however, that Ordinance 10-02, 14-01 or 14-02 shall continue in effect in each city or county which has approved it until the city or county approves this Ordinance 2020-01. Further, prosecutions or violations under repealed ordinances may continue after the effective date of this ordinance. SECTION VIII—VALIDITY The District hereby declares that should any section,paragraph, sentence, or word of this ordinance or of the Codes or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the District that it would have passed all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. SECTION IX—DATE OF EFFECT The Board of Directors of the Fire District finds and determines that it is necessary and expedient that the provisions of this ordinance become effective 30 days following adoption, as authorized by ORS 198.570. First reading by Title only this 2B+ { day of Jan a Ylj , 2020. --ebru �- .2020. Second reading by Title only this day of PASSED by the District this day of Fe �,� • 2020. 4 14- 1 Clark I. Balfour resident ' Gordon L. Hovies, Secretary-Treasurer Tualatin Valley Fire& Rescue 3 Ordinance 2020-01 AIS-4584 4. Business Meeting One Meeting Date: 03/02/2021 Length (in minutes): 15 Minutes Agenda Title: Introduction to Metro Councilor Rosenthal Prepared For: Steve Rymer, City Management Submitted By: Carol Kroger, Central Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE New Metro Councilor Gerritt Rosenthal will meet the Tigard City Council and City Manager Steve Rymer and learn about Tigard's priorities. STAFF RECOMMENDATION / ACTION REQUEST Council will introduce themselves to Councilor Rosenthal and then proceed with a conversation about priorities and shared goals. The agenda is unprescribed to have a discussion with ample time for dialogue. KEY FACTS AND INFORMATION SUMMARY Metro Councilor Gerritt Rosenthal will attend the meeting to introduce himself and become familiar with Tigard's Council and new City Manager. Councilor Rosenthal, elected in November 2020, represents Metro District 3 which includes portions of Washington and Clackamas Counties and the cities of Tigard, Beaverton, Durham, King City, Sherwood, Tualatin and Wilsonville. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This will be Councilor Rosenthal's first visit with the Tigard City Council. Attachments Na file(s) attached AIS-4583 5. Business Meeting One Meeting Date: 03/02/2021 Length (in minutes): 25 Minutes Agenda Title: Legislative Public Hearing: Consider Ordinance Adopting Tigard Municipal Code Chapter 5.24 Related to Transportation Network Company (TNC) Policy Submitted By: Dave Roth, Community Development Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Legislative Meeting- Main Public Hearing: Yes Publication Date: Information ISSUE Consider ordinance adopting Tigard Municipal Code Chapter 5.24 related to Transportation Network Company (TNC) policy. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that City Council approve the ordinance adopting a regulatory and permitting policy on transportation network companies operating in the City of Tigard. KEY FACTS AND INFORMATION SUMMARY Background Transportation Network Companies, or TNCs, typically use a smartphone app to connect passengers to drivers providing prearranged rides, typically in a car owned by the driver. Uber and Lyft are the dominant TNC companies in the Portland metro region. State and local governments around the country regulate rideshare companies for several reasons including community/public safety, traffic management, and emissions monitoring and management. Most local government regulations focus on safety. Cities set standards for vehicle safety and driver conduct to ensure that TNCs are operating safely in the community. The cities of Eugene, Springfield, Ashland, Medford, Gresham, and Portland are among Oregon cities that already have regulations and fees on TNCs. The City of Portland has regulated TNCs since 2014; their "Private For-Hire Transportation Program" aims to provide for the safe, fair, and efficient operation of private for-hire transportation services such as TNCs. Under the program, the City collects 50 cents for each TNC passenger ride originating in Portland to pay for programming and regulations such as vehicle safety inspections, driver background checks, driver education and training, and to support the PDX WAV accessible dial-a-ride program. Portland's regulatory framework requires TNC companies to have specific insurance, zero-tolerance drug and non-discrimination policies, an app with customer instructions for requesting a wheelchair-accessible vehicle; and to conduct background reviews on drivers. The program does not apply to food delivery services nor does it apply to taxi services that can be hailed from the street. Tigard TNC Policy and Ordinance The proposed TNC ordinance would set standards for vehicle safety and driver conduct to ensure that TNCs are operating safely in Tigard. •The city will receive criminal background checks and driving history reviews of Uber and Lyft drivers. A driver will not be permitted to operate here if they have a violent felony conviction, a sex offense, or recent traffic crime convictions including driving under the influence or leaving the scene of a traffic injury. The ordinance requires companies to have zero tolerance policies for drug and alcohol use for drivers on the job. •TNC vehicles will be required to meet minimum operating and safety standards to provide service in Tigard. The ordinance requires vehicles to clearly display company logos, to have passed ASE safety inspections, and to have properly functioning horns, lights, and signals. •To operate in Tigard,TNCs would be required to accept requests for service from any location within the City, including requests made by persons with disabilities and requests for wheelchair accessible service. It also requires that the companies have zero tolerance policies for discrimination. Coordinated Regional Approach Tigard's proposed ordinance would leverage the City of Portland's existing rules and regulatory framework through a partnership defined in an intergovernmental agreement. Tigard would join the City of Gresham which enacted a nearly identical TNC policy and arrangement with the City of Portland in November 2020. This approach has multiple benefits, including: •The ability to enact the new policy and ordinance with minimal time and resources. Tigard could develop its own TNC regulatory program, however it would take a significant investment of resources across the organization to mobilize the effort. • Creating a seamless system for TNC drivers in the Portland metro region. The proposed ordinance and administration arrangement align with Portland's existing rules and regulations giving TNC drivers one regional point of contact for permit issuance. • Creating a seamless system and set of rules and regulations for TNC companies. With the proposed policy and arrangement, TNC companies will continue to interface directly with PBOT staff who will manage the administration of the policy and associated regulations. Under this proposed ordinance, every TNC trip that originates in Tigard will be subject to a 50-cent fee. This is identical to the existing 50-cent fee PBOT already collects for every trip that originates in Portland and now in Gresham as well. PBOT will retain a percentage (15%) of the fee collected in Tigard to support administration and management of the TNC regulatory structure as it pertains to TNC companies and drivers operating in Tigard. The remainder of the funds from the fee would be transferred to Tigard and be used for a) administration requirements of the TNC policy, b) to support transportation engineering, planning, and capital infrastructure investments related to the usage of Tigard's roadway network by TNCs, and c) to support potential expansion of existing free door-to-door ride services in Tigard for the portion of our population that cannot drive due to age and/or disability. It is anticipated that local administrative costs will be very low. OTHER ALTERNATIVES Council has four decision-making options: 1. Adopt the Ordinance as currently proposed; 2. Adopt the Ordinance with minor revisions read into the record; 3. Direct staff to make substantial changes to the Ordinance and return for a second legislative hearing; or 4. Do not adopt the Ordinance. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2020-2025 Strategic Plan •Allows collection of data on TNC usage of Tigard's public roadways (Actions 1.2.a and 1.2.b) •Supports build-out of needed pedestrian infrastructure that would support access to TNC services (Action 2.1.c) • Supports annual expansion of pedestrian network (2.1.e) • Supports implementation of Tigard's Complete Streets policy (Action 3.1.d) •Supports investments in transportation that provide equitable benefits to the entire population (3.3.d) DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance Exhibit A Presentation CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAP IER 5.24 RELATED TO TRANSPORTATION NETWORK COMPANY(TNC)POLICY WHEREAS,Tigard's 2020-2025 Strategic Plan identifies actions to, "Routinely collect and report relevant data" (1.2.a), "Apply an equity lens to evaluate proposed solutions" (12.c), "Fully implement the City's Complete Streets policy" (3.1.d), and to "Ensure transportation investments and improvements are providing equitable benefits and impacts to the entire population" (3.3.d);and WHEREAS,it is in the public interest,for the City to create a Transportation Network Company(TNC) policy to address both public safety and traffic safety concerns related to the use of public roadways by TNC drivers; and WHEREAS, the City of Tigard has collaborated with the City of Portland and other metro-area cities to create a comprehensive system of TNC regulations;and WHEREAS, representatives from the City provided Transportation Network Companies (INC) an opportunity to review and provide feedback on proposed Tigard Municipal Code section 5.24. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 5.24 is adopted as shown on the attached Exhibit A. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: 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 .2021. Carol A. Krager,City Recorder ORDINANCE No.21- Page 1 APPROVED: By Tigard City Council this day of .2021. Approved as to form: Jason B. Snider,Mayor City Attorney Date ORDINANCE No.21- Page 2 Chapter 5.24 TRANSPORTATION NETWORK COMPANIES Sections: 5.24.010 Purpose. 5.24.020 Definitions. 5.24.030 TNC Permit Required;Fees. 5.24.040 Certification Requirements. 5.24.050 TNC Certification Requirements. 5.24.060 TNC Insurance Requirements. 5.24.070 TNC Operating Requirements; Prohibitions. 5.24.080 TNC Accessible Service Requirements. 5.24.090 TNC Driver Certification Requirements. 5.24.100 TNC Driver Conduct and Operating Requirements. 5.24.110 TNC Vehicle Requirements. 5.24.120 Intergovernmental Agreement;Effect of Local Regulations. 5.24.130 Enforcement. 5.24.010 Purpose. The City Council of the City of Tigard finds and declares that the purpose of this chapter is to promote the safety and welfare of the general public by regulating Transportation Network Companies and their drivers within the City, as authorized by ORS 221.485 and 221.495.Nothing contained in this chapter is intended or may be construed to create any liability on the part of the City, its officers,or employees for any injury or damage related to any provision of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City,its officers, or employees. 5.24.020 Definitions. "City"means the City of Tigard,Oregon. "Transportation Network Company(TNC)"means any entity or organization,whether a corporation, partnership,or sole proprietor,that connects passengers with affiliated TNC drivers and TNC vehicles through an Internet-based digital or software platform/application operated by the TNC. "Transportation Network Company(TNC)Driver"means any individual operating a private for-hire transportation vehicle who connects with passengers through an Internet-based digital or software platform/application operated by an affiliated TNC. "Transportation Network Company(TNC) Services"means any private for-hire transportation offered or provided to passengers for compensation by a TNC driver and TNC vehicle on behalf of or by an affiliated TNC. "Transportation Network Company(TNC)Vehicle"means any vehicle driven by a TNC driver to offer and/or provide TNC services. Exhibit A-1 5.24.030 TNC Permit Required;Fees. (1) A transportation network company providing services in the City of Tigard is required to obtain a permit. The City or its designee will certify that all affiliated TNC vehicles and TNC drivers have met all certification and operating requirements. No TNC may conduct business in the City without a valid, current permit issued by the City or its designee. (2) Permit Fee. A TNC must pay the City a 500 fee per trip originating within the City of Tigard. Revenue generated by fees shall be restricted to City service areas impacted by the operation of TNCs or involved in the regulation and administration of TNC policy including public safety,transportation planning,transportation engineering,transportation capital improvements, and code enforcement;and for costs of administering the program. (3) Permit Issuance. The City or its designee will not issue permit to a TNC until all applicable surcharges,fees, civil penalties, and fines have been paid. 5.24.040 Certification Requirements. (1) TNC Company Certification Requirements.No person or entity may conduct business as a TNC in the City of Tigard without certification by the City or its designee. TNCs not meeting all required standards,conditions and operating requirements will not be certified as a TNC,may not be issued a permit,and may not operate as a TNC. (2) TNC Driver Certification Requirements.No person or entity may conduct business as a TNC Driver in the City of Tigard without certification by the City or its designee prior to being activated on the affiliated TNC platform. Drivers not meeting all required standards, conditions,conduct and operating requirements will not be certified as a TNC Driver and may not operate as a TNC Driver. (3) TNC Vehicle Certification Requirements.No vehicle is allowed to operate as a TNC Vehicle in the City of Tigard without certification by the City or its designee prior to being activated on the affiliated TNC platform.Vehicles not meeting all required standards,conditions and operating requirements will not be certified as TNC vehicle and may not operate as a TNC Vehicle. 5.24.050 TNC Certification Requirements. (1) Application.An applicant for a TNC permit must annually submit to the City or its designee an application on a form approved by the City. The information requested must comply with Portland City Code Chapter 16.40.210 as adopted and hereafter amended. (2) Compliance with Secretary of State's Rules.No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names. (3) Insurance.All TNC permit holders must comply with TNC insurance requirements pursuant to Section 5.24.060.All TNCs must file a certificate of liability and applicable endorsements with the City that evidences insurance coverage and terms that are in compliance with the requirements. (4) Review Process.After receiving a completed TNC application form and upon successful completion of all applicable requirements,the City or its designee will review the application to make a recommendation for approval or denial. (5) Application Approval.Upon approval,a TNC permit may be issued and will be valid for a Exhibit A-2 period of up to one(1)year from the date of approval. (6) Application Denial.An application will be denied for any of the reasons set forth in Portland City Code 16.40.210 as adopted and hereafter amended. (7) Denial Appeal. If the application is denied,the applicant TNC may appeal the decision in accordance with Portland City Code 16.40.210 as adopted and hereafter amended. (8) Providing TNC Services.TNC Services may be provided only by a permitted TNC. (9) Right to a Permit. The TNC's ability to satisfy the criteria for a TNC permit does not create a right to a TNC permit. (10) Transferring Permits.Transferring or sale of permits is prohibited. (11) Removal of TNC Drivers and TNC Vehicles from Affiliated TNC Platform.Each day, a TNC will provide to the City or its designee notification of affiliated TNC Drivers and TNC Vehicles that have been permanently deactivated from the TNC platform or prohibited from providing TNC services by the affiliated TNC. 5.24.060 TNC Insurance Requirements. (1) TNC Service Periods Defined. In order to provide protection to the public,the TNC will provide the levels of insurance as required by this section. TNC Service is defined by three distinct periods: (a) Period 1: The TNC Driver has logged into the app.The app is open and the driver is waiting for a match. (b)Period 2: A passenger match has been accepted,the passenger is not yet picked up(i.e.,the driver is on their way to pick up the passenger). (c) Period 3: The passenger is in the vehicle and until the passenger exits the vehicle at the destination. (2) Providing TNC Services.All periods of TNC Service must be covered by a general commercial liability and primary automobile insurance policy provided by the TNC,the TNC Driver,or a combination of both. Evidence of TNC insurance requirements must be received and approved by the City or designee prior to a TNC receiving a TNC permit. (3) Additional Insured and Notification of Policy Changes. The TNC will provide certificates of insurance naming the City of Tigard, its officers, agents, and employees as an additional insured party and give at least thirty(30)calendar days' notice to the City or its designee before a policy is canceled, expires,or has a reduction in coverage. Insurance coverage requirements include commercial general liability,primary commercial vehicle insurance,worker's compensation and employer's liability insurance(as required by state law). (4) Ensuring Driver and Vehicle Insurance. TNC Drivers are responsible for ensuring appropriate personal motor vehicle liability insurance required by state law. (5) Required Insurance.TNC permit holders will secure and maintain a commercial general Exhibit A-3 liability policy for covered claims arising out of,but not limited to,bodily injury and property damage, in the course of the permit holder's work under a TNC permit and automobile insurance. The required automobile liability policy must specifically recognize the driver's provision of TNC services or other for hire transportation and comply with the mandatory laws of the State of Oregon or other applicable governing bodies. In addition, all insurance coverages,policies, conditions, and requirements will comply with the provisions of Portland City Code Chapter 16.40.230 as adopted and hereafter amended. (6) Certification of Auto Insurance.TNCs must provide proof of current,valid insurance for City certification covering all affiliated TNC Drivers and Vehicles operating for such company and satisfying the minimum requirements of Periods 1,2 and 3 in the event the insurance maintained by the driver has lapsed or does not provide the required coverage. (7) Continuous and Uninterrupted Coverage. The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit.Any lapse in insurance coverage, even if it is later backdated by the insurance company,is subject to a civil penalty or permit cancellation. 5.24.070 TNC Operating Requirements;Prohibitions. (1) Minimum Standards of Service.A permitted TNC must comply with the minimum standards set forth by the City which include but are not limited to: (a) A TNC app in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond thirty(30)minutes from the moment the passenger requests a ride using the TNC application,is unreasonable. (b) Acceptance of any request for TNC Service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to TMC 5.24.080. (c) The TNC app used to connect drivers to riders must display an accurate picture of the TNC Driver and a picture or description of the type of TNC Vehicle, as well as the license plate number of the TNC Vehicle. (2) Drug,Alcohol and Discrimination Policy. (a) Zero Tolerance for Drug and Alcohol Use and Discrimination.All permitted companies will employ at all times a zero-tolerance policy for intoxicants. (b) Zero-Tolerance for Discrimination.All permitted companies will adopt a policy that, at a minimum,prohibits drivers and employees from engaging in discrimination,to include making derogatory comments, on the basis of a person's race,religion,national origin, disability, sexual orientation, sex,marital status,gender identity, age, or any other characteristic protected under applicable local, state, or federal law. This policy must comply with Portland City Code Chapter 16.40.240 as adopted and hereafter amended. (3) Limitation or Prohibition on Dynamic Pricing. The City may limit or prohibit dynamic pricing by any TNC or TNC Driver during a State of Emergency, as declared pursuant to TMC 7.74. (4) Agent of Service Requirements. TNCs will maintain, during all times when the TNC permit is valid, a locally based agent of service,with regular hours of business during weekdays. TNCs will Exhibit A-4 comply with all operational requirements,including prohibitions and data reporting,as set forth in Portland City Code 16.40.240 as adopted and hereafter amended. (5) The TNC must notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628. 5.24.080 TNC Accessible Service Requirements. TNCs will provide reasonable accommodations to passengers with disabilities, including to passengers accompanied by a service animal,passengers with hearing and visual impairments,and passengers with mobility devices as provided by Portland City Code 16.40.290 as adopted and hereafter amended. 5.24.090 TNC Driver Certification Requirements. The TNC will provide a daily list of applicant drivers affiliated with the permitted TNC for certification by the City or its designee. Certifications for TNC Drivers provided by a TNC shall be valid for 1 year from the date of the initial certification. Such requirements and certification process are set forth in Portland City Code 16.40.270 as adopted and hereafter amended. 5.24.100 TNC Driver Conduct and Operating Requirements. (1) TNC Drivers must comply with the conduct and operating requirements of Portland City Code 16.40.280 as adopted and hereafter amended. (2) Mandatory Compliance. TNC Drivers must submit to compliance audits and enforcement actions upon request by the City or its designee, any authorized city personnel,or law enforcement officers. 5.24.110 TNC Vehicle Requirements. (1) TNC vehicles must comply with the certification requirements of Portland City Code 16.40.250 as adopted and hereafter amended. (2) TNC vehicles must comply with the vehicle operating requirements of Portland City Code 16.40.260 as adopted and hereafter amended. 5.24.120 Intergovernmental Agreement; Effect of Local Regulations (1) The City may enter into an intergovernmental agreement(IGA)with the City of Portland (Portland)to perform any of the functions,tasks,and services necessary to carry out the provisions authorized by this chapter, either in full or in part. The terms of that agreement may not be construed as repealing any provision of this chapter. (a) TNCs operating in the City will provide Portland all required ride data and driver information necessary to successfully certify and recertify City TNC drivers and issue TNC Company permits, TNC Driver and TNC Vehicle Certifications in conformance with Portland City Code 16.40, as adopted and hereafter amended. The City will receive ride data and driver information from Portland only as the data and information pertains to operations in Tigard. (b) The City will recognize all existing TNC Drivers permitted to operate in Portland as permitted drivers,adopt the current dates for TNC driver certification and background check Exhibit A-5 compliance for each permitted Portland TNC driver, and adopt the current permit status for each permitted TNC Company. (c) TNC Companies and TNC Vehicles certified and recertified by Portland after the effective date of this chapter will be issued a permit authorizing the TNC Driver and Company to operate in the City so long as all applicable standards, conditions and operating requirements continue to be met. (2) A TNC Company that complies with the standards, conditions, and operating requirements set out in Portland City Code 16.40, as adopted and hereafter amended,will be deemed to be in compliance with the equivalent City provision set out in this article. 5.24.130 Enforcement. Violation of this chapter is a Class 1 civil infraction. Exhibit A-6 SUPPLEMENTAL PACKET FOR Z 1a-i- .2 -2" (DATEgOF MEETING) Chapter 5.24 ` - n dam- /'gem S TRANSPORTATION NETWORK COMPANIES /2e v[s�a hs- c..crc Sections: rit g d 5.24.010 Purpose. 5.24.020 Definitions. 5.24.030 TNC Permit Required; Fees. 5.24.040 Certification Requirements. 5.24.050 TNC Certification Requirements. 5.24.060 TNC Insurance Requirements. 5.24.070 TNC Operating Requirements; Prohibitions. 5.24.080 TNC Accessible Service Requirements. 5.24.090 TNC Driver Certification Requirements. 5.24.100 TNC Driver Conduct and Operating Requirements. 5.24.110 TNC Vehicle Requirements. 5.24.120 Intergovernmental Agreement; Effect of Local Regulations. 5.24.130 Enforcement. 5.24.010 Purpose. The City Council of the City of Tigard finds and declares that the purpose of this chapter is to promote the safety and welfare of the general public by regulating Transportation Network Companies and their drivers within the City, as authorized by ORS 221.485 and 221.495.Nothing contained in this chapter is intended or may be construed to create any liability on the part of the City, its officers, or employees for any injury or damage related to any provision of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City, its officers, or employees. 5.24.020 Definitions. "City"means the City of Tigard, Oregon. "Transportation Network Company(TNC)"means any entity or organization,whether a corporation, partnership, or sole proprietor,that connects passengers with affiliated TNC drivers and TNC vehicles through an Internet-based digital or software platform/application operated by the TNC. "Transportation Network Company(TNC)Driver"means any individual operating a private for-hire transportation vehicle who connects with passengers through an Internet-based digital or software platform/application operated by an affiliated TNC. "Transportation Network Company(TNC) Services"means any private for-hire transportation offered or provided to passengers for compensation by a TNC driver and TNC vehicle on behalf of or by an affiliated TNC. "Transportation Network Company(TNC)Vehicle"means any vehicle driven by a TNC driver to offer and/or provide TNC services. Exhibit A- 1 5.24.030 TNC Permit Required; Fees. (1) A transportation network company providing services in the City of Tigard is required to obtain a permit. The City or its designee will certify that all affiliated TNC vehicles and TNC drivers have met all certification and operating requirements. No TNC may conduct business in the City without a valid, current permit issued by the City or its designee. (2) Permit Fee. A TNC must pay the City a 500 fee per trip originating within the City of Tigard. Revenue generated by fees shall be restricted to City service areas impacted by the operation of TNCs or involved in the regulation and administration of TNC policy including public safety,transportation planning,transportation engineering,transportation capital improvements, and code enforcement; wheelchair accessible vehicle and electric vehicle infrastructure programs; and for costs of administering the program. (3) Permit Issuance.The City or its designee will not issue permit to a TNC until all applicable surcharges,fees, civil penalties, and fines have been paid. 5.24.040 Certification Requirements. (1) TNC Company Certification Requirements.No person or entity may conduct business as a TNC in the City of Tigard without certification by the City or its designee. TNCs not meeting all required standards,conditions and operating requirements will not be certified as a TNC,may not be issued a permit, and may not operate as a TNC. (2) 'INC Driver Certification Requirements.No person or entity may conduct business as a TNC Driver in the City of Tigard without certification by the City or its designee prior to being activated on the affiliated TNC platform.Drivers not meeting all required standards,conditions,conduct and operating requirements will not be certified as a TNC Driver and may not operate as a TNC Driver. (3) TNC Vehicle Certification Requirements.No vehicle is allowed to operate as a TNC Vehicle in the City of Tigard without certification by the City or its designee prior to being activated on the affiliated TNC platform.Vehicles not meeting all required standards,conditions and operating requirements will not be certified as TNC vehicle and may not operate as a TNC Vehicle. 5.24.050 TNC Certification Requirements. (1) Application.An applicant for a TNC permit must annually submit to the City or its designee an application on a form approved by the City. The information requested must comply with Portland City Code Chapter 16.40.210 as adopted and hereafter amended. (2)Compliance with Secretary of State's Rules.No permit will be issued unless the company is validly registered with the Secretary of State,including all assumed business names. (3) Insurance. All INC permit holders must comply with TNC insurance requirements pursuant to Section 5.24.060.All TNCs must file a certificate of liability and applicable endorsements with the City that evidences insurance coverage and terms that are in compliance with the requirements. (4) Review Process. After receiving a completed TNC application form and upon successful completion of all applicable requirements,the City or its designee will review the application to make a recommendation for approval or denial. Exhibit A- 2 (5) Application Approval.Upon approval, a TNC permit may be issued and will be valid for a period of up to one(1)year from the date of approval. (6) Application Denial.An application will be denied for any of the reasons set forth in Portland City Code 16.40.210 as adopted and hereafter amended. (7) Denial Appeal. If the application is denied,the applicant TNC may appeal the decision in accordance with Portland City Code 16.40.210 as adopted and hereafter amended. (8) Providing TNC Services. TNC Services may be provided only by a permitted TNC. (9) Right to a Permit. The TNC's ability to satisfy the criteria for a TNC permit does not create a right to a TNC permit. (10) Transferring Permits. Transferring or sale of permits is prohibited. (11) Removal of TNC Drivers and TNC Vehicles from Affiliated TNC Platform. Each day, a TNC will provide to the City or its designee notification of affiliated TNC Drivers and INC Vehicles that have been permanently deactivated from the TNC platform or prohibited from providing TNC services by the affiliated TNC. 5.24.060 TNC Insurance Requirements. (1) TNC Service Periods Defined. In order to provide protection to the public,the TNC will provide the levels of insurance as required by this section. TNC Service is defined by three distinct periods: (a) Period 1: The TNC Driver has logged into the app. The app is open and the driver is waiting for a match. (b)Period 2: A passenger match has been accepted,the passenger is not yet picked up (i.e.,the driver is on their way to pick up the passenger). (c) Period 3: The passenger is in the vehicle and until the passenger exits the vehicle at the destination. (2) Providing TNC Services. All periods of INC Service must be covered by a general commercial liability and primary automobile insurance policy provided by the TNC,the TNC Driver, or a combination of both. Evidence of TNC insurance requirements must be received and approved by the City or designee prior to a TNC receiving a TNC peiiuit. (3) Additional Insured and Notification of Policy Changes. The TNC will provide certificates of insurance naming the City of Tigard, its officers, agents, and employees as an additional insured party and give at least thirty(30)calendar days' notice to the City or its designee before a policy is canceled, expires, or has a reduction in coverage. Insurance coverage requirements include commercial general liability,primary commercial vehicle insurance, worker's compensation and employer's liability insurance (as required by state law). (4) Ensuring Driver and Vehicle Insurance. TNC Drivers are responsible for ensuring appropriate personal motor vehicle liability insurance required by state law. Exhibit A- 3 (5) Required Insurance. TNC permit holders will secure and maintain a commercial general liability policy for covered claims arising out of,but not limited to,bodily injury and property damage, in the course of the permit holder's work under a TNC permit and automobile insurance. The required automobile liability policy must specifically recognize the driver's provision of TNC services or other for hire transportation and comply with the mandatory laws of the State of Oregon or other applicable governing bodies.In addition, all insurance coverages,policies, conditions, and requirements will comply with the provisions of Portland City Code Chapter 16.40.230 as adopted and hereafter amended. (6) Certification of Auto Insurance. TNCs must provide proof of current,valid insurance for City certification covering all affiliated TNC Drivers and Vehicles operating for such company and satisfying the minimum requirements of Periods 1,2 and 3 in the event the insurance maintained by the driver has lapsed or does not provide the required coverage. (7) Continuous and Uninterrupted Coverage.The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit.Any lapse in insurance coverage, even if it is later backdated by the insurance company,is subject to a civil penalty or permit cancellation. 5.24.070 TNC Operating Requirements; Prohibitions. (1) Minimum Standards of Service.A permitted TNC must comply with the minimum standards set forth by the City which include but are not limited to: (a) A TNC app in operation 24 hours each day capable of providing reasonably prompt service in response to requests. It is a rebuttable presumption that any time beyond thirty(30)minutes from the moment the passenger requests a ride using the TNC application, is unreasonable. (b) Acceptance of any request for TNC Service received from any location within the City including requests made by persons with disabilities and requests for wheelchair-accessible service pursuant to TMC 5.24.080. (c) The TNC app used to connect drivers to riders must display an accurate picture of the TNC Driver and a picture or description of the type of TNC Vehicle,as well as the license plate number of the TNC Vehicle. (2) Drug,Alcohol and Discrimination Policy. (a) Zero Tolerance for Drug and Alcohol Use and Discrimination.All permitted companies will employ at all times a zero-tolerance policy for intoxicants. (b) Zero-Tolerance for Discrimination.All permitted companies will adopt a policy that,at a minimum,prohibits drivers and employees from engaging in discrimination,to include making derogatory comments,on the basis of a person's race,religion,national origin,disability, sexual orientation, sex,marital status,gender identity,age, or any other characteristic protected under applicable local, state,or federal law.This policy must comply with Portland City Code Chapter 16.40.240 as adopted and hereafter amended. (3) Limitation or Prohibition on Dynamic Pricing. The City may limit or prohibit dynamic pricing by any TNC or TNC Driver during a State of Emergency, as declared pursuant to TMC 7.74. Exhibit A -4 (4) Agent of Service Requirements.TNCs will maintain, during all times when the TNC permit is valid, a locally based agent of service,with regular hours of business during weekdays. TNCs will comply with all operational requirements, including prohibitions and data reporting, as set forth in Portland City Code 16.40.240 as adopted and hereafter amended. (5) The TNC must notify the City of a known data security breach in the same manner as provided in ORS 646A.600 to ORS 646A.628. 5.24.080 TNC Accessible Service Requirements. TNCs will provide reasonable accommodations to passengers with disabilities,including to passengers accompanied by a service animal,passengers with hearing and visual impairments, and passengers with mobility devices as provided by Portland City Code 16.40.290 as adopted and hereafter amended. 5.24.090 TNC Driver Certification Requirements. The TNC will provide a daily list of applicant drivers affiliated with the permitted TNC for certification by the City or its designee.Certifications for TNC Drivers provided by a TNC shall be valid for 1 year from the date of the initial certification. Such requirements and certification process are set forth in Portland City Code 16.40.270 as adopted and hereafter amended. 5.24.100 TNC Driver Conduct and Operating Requirements. (1) TNC Drivers must comply with the conduct and operating requirements of Portland City Code 16.40.280 as adopted and hereafter amended. (2) Mandatory Compliance.'INC Drivers must submit to compliance audits and enforcement actions upon request by the City or its designee, any authorized city personnel, or law enforcement officers. 5.24.110 TNC Vehicle Requirements. (1) TNC vehicles must comply with the certification requirements of Portland City Code 16.40.250 as adopted and hereafter amended. (2) TNC vehicles must comply with the vehicle operating requirements of Portland City Code 16.40.260 as adopted and hereafter amended. 5.24.120 Intergovernmental Agreement; Effect of Local Regulations (1) The City may enter into an intergovernmental agreement(IGA)with the City of Portland (Portland)to perform any of the functions,tasks,and services necessary to carry out the provisions authorized by this chapter, either in full or in part.The terms of that agreement may not be construed as repealing any provision of this chapter. (a) TNCs operating in the City will provide Portland all required ride data and driver information necessary to successfully certify and recertify City TNC drivers and issue TNC Company permits, TNC Driver and TNC Vehicle Certifications in conformance with Portland City Code 16.40, as adopted and hereafter amended. The City will receive ride data and driver information from Portland only as the data and information pertains to operations in Tigard Pursuant to applicable data sharing agreement. Exhibit A-5 (b) The City will recognize all existing TNC Drivers permitted to operate in Portland as permitted drivers,adopt the current dates for TNC driver certification and background check compliance for each permitted Portland TNC driver,and adopt the current permit status for each permitted TNC Company. (c)The City will recognize all existing TNC Vehicles permitted to operate in Portland as permitted vehicles,adopt the current dates for TNC Vehicle certification,and adopt permit status for each permitted TNC Vehicle. (d)The City will recognize all TNC Companies permitted to operate in Portland as permitted TNC Companies,adopt the current dates for the TNC Company certificate, and adopt permit status for each permitted TNC Company. (ed)TNC Companies,TNC Drivers,and TNC Vehicles certified and recertified by Portland after the effective date of this chapter will be issued a permit authorizing the TNC Driver,TNC Vehicle, and TNC Company to operate in the City so long as all applicable standards, conditions and operating requirements continue to be met. (2) A TNC Company that complies with the standards,conditions,and operating requirements set out in Portland City Code 16.40, as adopted and hereafter amended,will be deemed to be in compliance with the equivalent City provision set out in this article. 5.24.130 Enforcement. Violation of this chapter is a Class 1 civil infraction. Exhibit A- 6 1 t • . ar..(....... 4. '. 111 SM . ._A .... . __ . ..v '"5,_ T, �. w Q ." Z 13- 1 rMr- id V o da.) "C3C N . ,,( L D O `0 40/116.4,i443 Q CCO II M v R° of 4A.. .—s TNC Policy and Ordinance • For Council consideration: • Shall Council implement Tigard TNC Policy? • Ordinance adopting Tigard Municipal Code 5.24 related to TNC Policy !� 4 TIGARD Tigard Policy Context • 1.2.a miliiiiiin STRATEGIC PLAN • Routinely collect and report relevant data • 1.2.c . • Apply an equity lens to evaluate proposed solutions t a' .,:. • 3.1.d �. • Fully implement the City's Complete Streets policy � � .11 •iiii • 3.3.d iotaQ4,;_ 40 4.,,,-• • Ensure transportation investments and R • "iiii6 ` improvements are providing equitable benefits & wiii impacts to the entire population 11 a r TIC,ARI) --TNC Background "What is a TNC?" • `. . .. 'c- .� e Im in ...... A ride-hailing company (also f-''' x `"� �„�, known as a transportation .— ; d network company) is a company i : 111111 • that matches passengers with • drivers of vehicles for hire using • smartphone apps. Unlike taxis, : TNC rides cannot be hailed from f: the street. N . TI<•A RD Portland's Program KGW& News Weather Sports Conned Watch Live VACCINE OAA COVID 19 VACCINE PROGRESS COVID•N THE LONG PAUL OREGON 9191 168 drivers shouldn't have been working for Uber and Lyft in Portland, including two convicted felons The drivers should have been rejected by Uber and Lyft during routine background screenings.They slipped through the cracks Instead. r • t1111 4Z 011:411,111r I I TIGARD —Tigard's Proposed Policy and Ordinance • Safe Drivers . - ' .s r _ ` Zilir r. • Safe Vehicles = E • Equitable Access . ;,,7 7 y +� } ✓ . r 7' ✓ i ".i • , . firr. .pJ / 0 t d •/% :i a TRiA,R.n --...„.., 1 -....,...._ , ------_____ -\, - -ffnit c a N. , . -.-- Th,,e- Regional' Partnership Approach ,--- „........„,, t... . _ .__ pBOT _ CITY OF PORTLAND BUREAU OF TRANSPORTATION GRESHAm OREGON . • 43 41. , 1 c.._m;.-.1.— .. _ • - - — - 0 .14 Iiil ! -P .._ T I G A R D I .., ., . . .. . ...... ., ..... r- i r' ---. C 7-- Fees $18.07 19A �yde T. Uber 0 \ FARE BREAKDOWN am Ilk. f (a3[i IP 8ase Fare 1.25 tla Thanks for riding with `�`°� MaPdate O SG o e alstagre 9.41 08:02pm -ea,Portlard.OR lime 3.56 Ride Details C!) 08:20pm Portland,OR Lyft fare(c.i 3i»L 8m 31s) $11 13 subtotal $14.22 City Of Portland Surcharge $0.50 1.35 Tip $1.00 uberX 818 00:17147 MasterCard $12.63 Amort`r`r'rg_ 2.00 Itar cro.+" 0_so 4.pAllAll $18.07 Pe, • dr(= MOM citA Ln11111111: 11, 1111111C1 111.1", cry cc, •=III VI 111111 , tt' (11) ON' tril I il!tt .404 CI 1 • a— AIS-4588 6. Business Meeting One Meeting Date: 03/02/2021 Length (in minutes): 15 Minutes Agenda Title: Legislative Public Hearing: CONSIDER ALLOWING PAYMENT PLANS OF LONGER THAN ONE YEAR FOR TIGARD UTILITY CUSTOMERS DURING THE COVID-19 EMERGENCY Prepared For: Toby LaFrance Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Legislative Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Present an ordinance which would temporarily allow more flexible payment plans for utility billing customers. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the ordinance. KEY FACTS AND INFORMATION SUMMARY Due to the COVID-19 pandemic over the last year, Tigard has been helping our community residents and businesses through a program where Tigard has not disconnected utility services or charged for late payments. Based on Resolution 20-50, utility billing will resume turning customer's utilities off for non payment starting April 1, 2021. Per the communications plan, the Utility Billing team plans to start calling those customers four weeks prior to their shut off date. Those calls will start the week of March 8. The Utility Billing team started working out the details of this aspect of the communications plan and it became evident that the current payment plan options may not lead to successful outcomes with our customers. Currently we have about 550 customers, or a little less than 3% of our customers, that are over 60 days past due. About 22.5% owe over $1,000. One of the main impediments to a successful payment plan is TMC 12.03.040.0 that limits the duration of any payment plan to one year. For those customers that have not paid their bill in about a year, the result of a one year payment plan would be a doubling of their bill (current month + 1/12th of a year's worth of bills), reducing the likelihood of completing the payment plan successfully. This ordinance will temporarily delegate authority to the Finance Director, or designee, to extend payment plans in excess of one year. The ordinance will end 6 months after the last emergency declaration expires. OTHER ALTERNATIVES Council could reject the proposed ordinance and the Utility Billing Team will work under the provisions of the current TMC. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Strategic Plan Priority #1: Set the standard for excellence in public service and customer experience. Strategic Plan Objective 1.1: Be a high performing workplace with seamless service delivery. Action C: Promote a values-driven organizational culture that reinforces inclusion and ethical behavior, exercises transparency and maintains the public trust. Stategic Plan Objective 1.3: Offer exemplary customer experience. Action C: Resolve customer concerns in a timely, effective, efficient and consistent manner. DATES OF PREVIOUS CONSIDERATION 9/22/2020 - Council approved Resolution No. 20-47 expanding eligibility for monthly utility credits, waiving late fees, and suspending shutoffs. 10/20/2020 - Council approved Resolution No. 20-50 including renters and leasers in Tigard AID, extended the program to June 30, 2021, and extended waiver of late fees and shutoff actions to April 1, 2021. Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE ALLOWING PAYMENT PLANS OF LONGER THAN ONE YEAR FOR TIGARD UTILITY CUSTOMERS DURING THE COVID-19 EMERGENCY WHEREAS, due to COVID-19 over the last year, Tigard has been helping community residents and businesses through a program where the City has not been disconnecting utility services or charging for late payments;and WHEREAS, based on Resolution 20-50, utility billing will resume turning customers off for non-payment starting April 1,2021;and WHEREAS, consistent with the City's communications plan, staff intend to start calling customers four weeks prior to their shut off date,which would mean calls beginning the week of March 8;and WHEREAS, Tigard Municipal Code (TMC) 12.03.040.0 currently limits the duration of any payment plan to one year; and WHEREAS, about 550 customers, or a little less than 3% of City customers, are over 60 days past due. About 22.5%of customers who are currently late on their City utility bills owe over$1,000;and WHEREAS,payment plans limited to one year may not be equitable for all customers;and WHEREAS, a temporary waiver of TMC 12.03.040.0 extending six months past the expiration of Tigard's COVID-19 emergency declaration will provide the Utility Billing Team flexibility to create successful payment plans. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Notwithstanding TMC 12.03.040.C, during the City's COVID-19 emergency and for six months following the expiration of the emergency declaration, the City of Tigard Finance Director, or designees, may enter into payment plans exceeding one year in duration with delinquent utility customers. SECTION 2: In order to provide immediate relief to City utility customers facing shutoff notices for delinquent accounts,this ordinance is adopted by emergency and is effective upon passage. PASSED: By vote of all council members present after being read by number and title only,this day of .2021. Carol A. Kruger,City Recorder ORDINANCE No.21- Page 1 APPROVED: By Tigard City Council this day of .2021. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No.21- Page 2