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City Council Packet - 09/14/2021
14 ■ City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: September 14, 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 .regon 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.tigard-or.gov/Comments.All comments must be submitted before noon 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. SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php CABT.F 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. ■ City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: September 14, 2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 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. PUBLIC CONLY ENT A. Follow-up to Previous Public Comment B. Tigard High School Student Envoy C. Update from Police Chief McAlpine D. Tigard Area Chamber of Commerce E. Public Comment—Written F. Public Comment—Phone-In 3. CONSENT AGENDA:The Consent Agenda is used for routine items including approval of minutes and 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. A. PROCLAIM SEPTEMBER 17-23 AS CONSTITUTION WEEK B. APPROVE CITY COUNCIL MINUTES: •March 16, 2021 •March 23, 2021 C. LOCAL CONTRACT REVIEW BOARD:AMEND CONTRACT WITH SCOTT I EDWARDS ARCHITECTURE FOR PUBLIC WORKS FACILITY AND YARD PROJECT •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION AUTHORIZING ISSUANCE OF DEBT SERVICE FOR TIF DISTRICTS 6:45 p.m. estimated time 5. TOWN CENTER DEVELOPMENT AGENCY- CONSIDER RESOLUTIONS AUTHORIZING FINANCING OF TRIANGLE TIF DISTRICT PROJECTS AND AN IGA 7:05 p.m. estimated time 6. UPDATE ON HOMELESSNESS ASSESSMENT TEAM AND COUNTY PARTNERSHIP 7:10 p.m. estimated time 7. AMERICAN RESCUE PLAN ACT (ARPA) -BUSINESS SUPPORT 7:50 p.m. estimated 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT 10. 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. 11. ADJOURNMENT 8:20 p.m. estimated time �1_1 i 1 1 -, ' `(!) 00 W 70 n -0 - Fx , r 4. O V 11I 1O f�D rv4� . cu =hh I - " ' e--F V J O (!'f r (") -• 1-t _'. =• r•+ -1 _, - 3 C • n D m O o O N El O v) CD cn > H CSD r+ • W N • i jj to:5 p eQ —• C O o Ol Cu CD = N ert ad., _n a O < CD' Qo ' N O • CD Cr T N O CD �-+ n 0 d 3 K o FcO —. (D — r - -% 3 0 � O f" t"- t't r"ri Con M 0 N d $ o c N -T- , g , v. r `�1 (A'} H SUPPLEMENTAL PACKE FOR _S{p- - I `(• a va r , •Tigard PD Strategic Dashboard evr(DAT OMEETING) ; Ut_rc I Lk ) For August 2021 • 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) • i i 1 l s . R Selected Group A Offenses Aug-20 Aug-21 %Chg 2020 YTD 2021 YTD %Chg Person Crime 27 34• 25.93% 276 310# 12.32% Assault 21 31• 47.622.I] 233 248 i 6.44% Robbery 3 2• -33.33% 13 21 • 61.54% Property Crime 189 193 0 2.12%! 1362 1405• 3.16% Burglary-Residential 0 9• 100.00% 34 33• -2.94% Burglary-Business 7 9• 28.57% 62 42/ -32.26% Burglary-Other 3 6• 100-00% 19 38• 100.00% UUMV 11 15 r 36.36% 62 96• 54.84% Theft 89 110• 23.60% 668 724 S 8.38% Vandalism 31 20• -35.48% 264 236* -10.61% Societal Crimes 53 36• -32.08% 461 388! -15.84% DLIII 6 9, 50.00% 77 80• 3.90% Drug Offense 10 1• -90.00% 70 13• -81.43% Disorderly Conduct - 4 5 di 25.00% 39 31* -20.51% Arrests(*CTA in Total) 80 79 0 -1.25% 688L 7274 5.67% Felony 14 6 0 -57.14% 107 6410 -40.19% MISD 12 8 0 -33.33% 165 93• -43.64% Warrants 25 40 0 60.00% 214 287• 34.11% Calls for Service Aug-20 Aug-21 %Chg 2020 YTD 2021 YTD %Chg Dispatched Calls 1791 1868 0 4.30% 14007 14367 0 2.57% Self Initiated Calls 967 1132 0 17.06% 10443 9323• -10.72% Online Crime Reports 36 42 0 16.67% 112 304 0 171.43% Response Time Aug-20 Aug-21 %Chg 2020 YTD 2021 YTD %Chg Priority 1 &2 6 6.75• 12.50% 6 6.18 0 3.00% Priority 3 10.5 9.65 -8.10% 9.6 9.62• 0.21% Priority 4+ 10.9 7.32 -32.84% 10.15 9.63 0 -5.12% Photo Enforcement -_- - Red Light- Began Issuing Month of: Aug 2021 YTD 2020 2021 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 367 350 17 937 2177 132% 99W/SW 72nd Ave 136 112 24 469 759 62% 99W/SW Durham Rd 46 42 76 217 186% Intersection Speed - Began Issuing 7/14/20 Month of: Aug 2021 YTD 2020 2021 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 135 124+ 11 612 1171 91% 99W/SW 72nd Ave 1105 10251 80� 3108 9217 197% *Person Crime-Assault(verbal harassment,menacing,simple and felony assault),Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUD,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and nor Uniform Crime Report(VCR)compliant and cannot be compared to any report using that standard.For more info on NIBRS:haps://www.fbi.gov/services/ejis/ucr/nihrs 1 ` ' -``'.� Tigard PD Strategic Dashboard .: voLick- For August 2021 `, '' . ``"1' 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) �,. _� ' Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 69.0 76.0 91% Non-Sworn 17.0 18.0 94% Total Number of Personnel 86.0 94.0 91% Patrol Staffing Authorized 43 ' Days Swings Graves Overall% #of Shifts at or below Minimums 16 52% 23 74% 12 39% 55% Personnel Unavailable for Work Patrol All Other Overall # of Recruits in Pre-Academy - #of Recruits in Academy - #of Recruits in Recruit Training 4 4 # of Personnel on Extended Sick Leave /FMLA 3 3 # of Personnel on Military Leave 1 1 2 # of Personnel on Modified Duty* 4 2 6 # of Personnel on Administrative Leave - 1 1 Total Personnel Unavailable to Work during some Period during the Month _ 12 4 16 Total Officers Available to work PATROL some period during the Month 31 *Modified Du;yaany Modified work schedule to accommodate light duty, workers comps Covid related EOC S or EOC•P art,W OA illiiilir Operational Effectiveness Snapshot Budget Information is based on the best available data. 1 2020-21 Budget FY 2021-22 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 15% 17%0 -1% 16% 17% -11)/0 Operations 11% 17%S -5% 19% 17% 3% Services 14% 17%. -2% 16% 17% -1% Total Department Budget 13% 17%• -4% 18% 17% 1%, Budget lnfottuation is based on the best available data. FY 2020-21 FY 2021-22 Percent YTD Budget Percent YTD Budget Status - Status Department Overtime Actual Budgeted Actual Budgeted Administrative 3% 17%• -14% 7% 17% -10% Operations 7% 17%• -10% 9% 17% -8% Services 5% 17%• -12% 6% 17% -11% Total Overtime 6% 17%i -10% 8% 17% -9% 2 -- - Tigard PD Strategic Dashboard For August 2021 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) Levy To Date(LTD)is July 1,2020 to date Aug-21 Aug-21 LTD LTD Training Officers Hours Officers* Hours Advanced Crisis Intervention and De-escalation Training 0 0 3 60 Crisis Intervention 0 0 84 204 De-escalation Training 0 0 95 189.5 *LTD(Levy To Date)Officer totals may duplicate officer count as training happens mu/ipie times ayear Totals 0 0 182 453.5 Levy Staffing Information-LEVY to date progress Hires Budget Budges Sworn-Patrol(priority hire) 8.0 8.0 100% Sworn-SRO(targeted 2021-22 school year) 1.0 1.0 100% Non-Sworn 1.0 2.0 50% Total Number of Personnel 10.0 11.0 91% Levy Hiring Process-Month of July Patrol All Other Overall Patrol All Other Overall Aug-21 Aug-21 Aug-21 Levy to Date Levy to Date Levy to Date Interviews 2 0 2.00 128 44 172.00 ORPAT(physical fitness test) 0 0 - 26 0 26.00 Background investigations completed 3 0 3.00 59 3 62.00 F Conditional Offers of employment — 0 0 - 19 1 20.00 Hires 0 0 - 14 1 15.00 Ilir 111M11111ELEmergency Response Times - 6 Year Trend PRIORITY 1 AND 2 Priority 1 calls = I2 //6.75 Imminent threat to life tt6.78 f ,_`6.J f-6.5 6 1.82 Priority 2 calls=Immediate threat to I life,occuring now 1636 7517 251* 2519 25714 .1571 District integrity(5 police districts) #of Shifts conducted with 5 or more patrol Days Swings Graves Overall% officers 4 13% 8 26% 8 26% 22% —iisnapshot IIIIMIIL Community Outreach and Events Media Upcoming Events *National Night Out(8/3) Press Releases(4) *Domestic Violence Awareness Month *Relay for Life(8/7) *Upcoming Distracted Driving Enforcement - Gathering of Hope(10/13) *H2O for Heros(8/9) *Upcoming Seat Belt Enforcement -Wear Purple Day(10/21) *Upcoming DUII Enforcement -Series of education videos will be created *Upcoming Pedestrian Safety and posted this month /lfedia In7riiries and Other•Topir s• *Other events TBD based on COVID *FBI coin received by Chief McAlpine *K9 Cooper turning 2 restrictions *Police Call information on Jean Way *Photo Enforcement budget/revenues 3 ,: l . Tigard PD Strategic Dashboard ' For August 2021 1 rl r p.,}i 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) ti E t_. Calls Fo _ . -_ .,_ x_ A u 1_ 1 _1• '- - 1 Z I AUGUST DISPAt ��'ED ar, AUGUST SELF INITIATED 2053 /1986 y 1938 1562".•-••• 1687--1640 N. 1887'"'1906 I 1338 1868 1132 .7. \ ..-"*.' 1792 1791 967 2015 2016 2017 2018- 21 9 - 2020 2021 2015 , 2016 2017 2018 2019 2020 2021 ITracking Code Cases -Year to Date _ " _ 1 _ 2017 2018 2019 2020 2021 Overdose 18 18 16 14 18 Mental Health hold (POH) 88 122 87 80 65 Suicide 6 6 10 3 6 DHS referrals and Attempted Suicide 43 42 32 31 24 cases of allegations DHS Referral 357 372 373 276 328 of abuse to an Domestic Violence (DV) 79 108 81 92 103 elderly or mentally DV No Crime 87 86 95 68 63 challenged victim end up in the Organized Retail Crime (ORC) Theft 33 37 54 23 22 caseload of Graffiti 37 83 32 73 52 Detectives and SRO's. BHI - Transient Total Dispatched Calls: 1868 Total Societal Calls: 1218 % of monthly workload 65% #of Calls-BHI** 265 _ #of Calls Transient 219 #of Calls Dispatched 335 #of Calls Self Initiated 51 Total Time Spent 174:48:41 (hr:min:sec) Total BHI/Transient calls 386 *Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs. **Note 2:An incident may be both BHI and Transient related These figures are not additive. 4 SUPPLEMENTAL PACKET FOR S-� f V a O� City Council Update September 14,2021 (DATE OF MEETING) ( 4-evn a .D Chamber Update Leadership Tigard Deadline to apply for the Class of 2022 is September 23rd.We are looking at around 18 participants for this year's class.The program begins with an opening reception on October 11. Education,Advocacy, &Building a Strong Local Economy • 9/16/21—1:30 PM:Government Affairs&Public Policy meeting • 10/6/21—8:00 AM: Panel Discussion—Hiring During a Tight Job Market • Letter to Redistricting Committee—Debi has sent a letter to the redistricting committee to express concerns about some of the current plans that are in review. • Annual Tigard Chamber Silent Auction—Now accepting auction donation.Auction will open November 1 online. Networking/Visibility Good Morning Tigard(GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 9/16—GMT-Virtual,9/23—Fit Alliance—In-person,9/30—GMT-Virtual, 10/7—U&I Cafe Details at rpt/business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update The Tigard Farmers Market is open until the end of October. Open Sundays from 9 AM to 1:30 PM in Rotary Plaza.We are still matching SNAP benefits in thanks to Tualatin Soil and Water Conservation District. Participants can use their benefits at the market information booth and get up to$15 in match. TDA Downtown Updates There are new businesses opening in Downtown Tigard. Black Diamond Coffee Cart just opened behind Sherrie's Jewelry Box. The TDA is currently discussing plans for Trick or Treat Main Street,Small Business Saturday and the Holiday Tree Lighting.The first priority is the safety of our community. Downtown Tigard businesses have different programs going on.We are encouraging the community to check out the event calendar at ExploreDowntownTigard.com.Copper Mountain Ale works has musicians and Senet Game Bar has trivia on Thursdays. For complete details,please check out ExploreDowntownTigard.com TDA T'�p Leadership Tigard, H •c" DA - BmYdi.g l.od.n.Grow;y Cr AIS-4708 3.A. Business Meeting Meeting Date: 09/14/2021 Length (in minutes): Consent Item Agenda Title: Proclaim September 17-23 as Constitution Week Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Update,Discussion, Direct Staff Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE The City Council may proclaim September 17-23,2021 as Constitution Week as requested by Tigard resident Dorothea White. STAFF RECOMMENDATION /ACTION REQUEST Proclaim September 17-23, 2021 as Constitution Week. KEY FACTS AND INFORMATION SUMMARY Ms.White is a Tigard resident and member of Daughters of the American Revolution, a service organization for women who are directly descended from a person involved in the United States' efforts towards independence in the 1700s. They promote historic preservation, education and patriotism with the observance of Constitution Week,which marks the adoption of the United States Constitution, adopted by the American Congress of the Confederation on September 17, 1787. OTHER ALTERNATIVES Council could opt not to move forward with this proclamation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION The city has issued this proclamation for more than 20 years. Attachments Constitution Week Proclamation N e,i r fI ,llijI / ..„ /, cArt, „ City of 71prd �. is `. Constitution Week • WHEREAS,on September 17, 1787,the Constitution of the United States of • America was signed by 55 delegates to the Constitutional Convention in ;Yr Philadelphia's Independence Hall;and - L; s a,. - WHEREAS,September 17, 2021, marks the 234th anniversary of the drafting ;: ,„ of the Constitution; and ki WHEREAS, it is fitting and proper to accord official recognition to this magnificent Ii document that provides Americans with the freedoms we have today; and WHEREAS,on the anniversary of this important document, it is a great time to t • Y I learn more about the historical events which led to the framing of the Constitution - in September 1787; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United State of America designating September 47' 17 through 23 as Constitution Week. .4 r- NOW,THEREFORE,BE IT RESOLVED that the City of Tigard City Council does hereby proclaim September 17-23,2021 as it ;• ' CONSTITUTION WEEK i, Y i--,- :.- f--,-- ,' in Tigard, Oregon and encourage all citizens to reaffirm the ideals of the .• Constitution by protecting the freedoms guaranteed to us through this testament to American liberty. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal I of the City of Tigard to be affixed. A. 1: .R r 1 y5-i Jason B. Snider, Mayor �=.. City of Tigard 7 y� Attest: -es 1 r 1•' City Recorder -I r, t 1 rA. 4 A Io A , -. ['' 'l i is $ 4 a- g, r _ AIS-4720 3. B. Business Meeting Meeting Date: 09/14/2021 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION /ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •March 16,2021 •March 23,2021 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments March 16 2021 Minutes March 23. 2021 Minutes ® City of Tigard • City Council Business Meeting Minutes TIGARD March 23, 2021 STUDY SESSION -6:30 p.m. A. RECEIVE PERFORMANCE AUDIT BRIEFING Senior Management Analyst Hendrix briefed Council on the city's performance audit and an update on performance measure system development. She said the city hired Matrix Consulting Group in 2019 to conduct a performance audit of general fund operations.The audit produced 69 recommendations for operational improvements and 58 performance measures to help build data-informed decision making.The city team has been implementing the recommendations and measures while building upon the audit's foundation to create a long-lasting,performance management system.The city is ahead of the anticipated completion schedule and has implemented 60% of the recommendations. Of the 58 measures, 70%are in the information collection and analysis phase to determine data needs and what coordination is needed with the new Tyler Technology implementation in order to track the data. There are also measures that have been identified from outside of the performance audit such as those from the Strategic Plan, Citywide Report Card, department strategic plans,and the budget, etc.There are over 160 measures across all initiatives.This year the team will focus on refining and aligning them into a phased approach, to allow time for prioritizing quality over quantity, and measure what matters. Performance information will be shared externally twice a year,in June and December.The timing aligns with preparing the Citywide Report Card and informing the budget preparation. Senior Management Analyst Hendrix asked Council for feedback on frequency of updates to Council. Staff Option 1 was selected by Council: Quarterly reports, two comprehensive status reports in July and January and two smaller briefings in October and April. Councilors Newton and Goodhouse thought it would be helpful to see the Council Goal report and the Performance Audit report given at the same time. Senior Management Analyst Hendrix said she will consult with the Leadership Team on this suggestion. B. COUNCIL LIAISON REPORTS Youth Councilor Calderon said TYAC is busy working on their peer support program which will help tutor fellow students struggling with school. They are planning an Earth Day community clean-up and are considering helping with a children's book clean-up for the library. Bylaws are being updated and will come before Council in the future. Youth Councilor applications are open for next year. He noted that the Public Safety Advisory Board will be presenting their work plan to Council tonight. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 Councilor Newton said Tigard will benefit from a Community Development Block Grant allocation of$293,843,with$146,921 coming directly to Tigard for housing programs; anything in the Affordable Housing Plan is eligible for this funding. She and Councilor Goodhouse met with Lake Oswego Mayor Buck and Councilor Manz on an IGA proposal for the Lake Oswego/Tigard Water Partnership.The Community Roundtable received a preview of the City Facilities Consolidation (CFC) project proposal.The Public Safety Advisory Board is presenting their work plan tonight. She noted that a PSU student watched a PSAB meeting for a class assignment and he sent the group a very complimentary email expressing his pride in living in Tigard where this group can have these conversations in a safe environment. She urged people to watch the meetings and hoped they will be a model for future community conversations. She added that in April the Committee for Community Engagement will be discussing bylaws and how they can be more involved in the city's outreach. Councilor Shaw reported on the Budget Social Services Grants Sub-committee and gave kudos to Finance Director LaFrance and Executive Assistant Lutz for preparing a solid day of presentations for individuals requesting grant funding. She said she was proud to be part of a city that has the ability to award these grants and expressed appreciation to the applicants who were not used to being on a Zoom forum for their presentations. Council President Lueb said the library Board is having conversations about opening the facility and what it will look like to bring people inside. They are preparing for their joint meeting with Council next month. She attended the National League of Cities Conference virtually and said Tigard was well represented and participated in the discussions with elected national leaders on Capitol Day about the many actions the city is taking to reach out and offer assistance related to the COVID crisis. She acknowledged Youth Councilor Calderon for challenging leaders to represent youth. Councilor Goodhouse said he was placed on the National League of Cities Race Equity Leadership Council. He noted that at the WEA (Westside Economic Alliance) housing meeting last week, Clean Water Services spoke about how they test for levels of COVID-19 in sewage, and they noticed that levels have dropped. Mayor Snider reported that there are indications that earmarks may be coming back, and the area jurisdictions need to have right-sized projects to propose. Tigard has decided to ask for improvements in the Hall Boulevard corridor and he testified at JPACT for this. Councilor Shaw said these types of projects now being referred to as community benefit programs. The Mayor said he is now on the Board of the Oregon Mayors Association. 1. BUSINESS MEETING A. At 7:32 p.m.Mayor Snider called the Tigard City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 Present Absent Mayor Snider x Youth Councilor Calderon x Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Shaw x C. Pledge of Allegiance—Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC COMMENT A. Public Comment—Written:Mayor Snider summarized public comment received by the deadline today.Jenna Albert wrote in about an apartment complex name in Tigard that is racist (The Colonies). He asked that staff forward this information to the apartment owners. An email was also received from April LaCombe with concerns about a proposed development on Fern Street near Ascension Drive.Mayor Snider confirmed that Council had received and read the comments. B. Public Comment—Phone-In: None. C. Follow-up to Previous Public Comment—Assistant City Manager Nyland had no follow-up to comments but noted that Tigard's Judge Oberdorfer had received her official City of Tigard pin. 3. CONSENT AGENDA (Tigard City Council&Local Contract Review Board) A. PROCLAIM APRIL 5-9, 2021 NATIONAL COMMUNITY DEVELOPMENT WEEK A slide was displayed showing projects funded by the Community Development Block Grant program in Tigard. B. APPROVE CITY COUNCIL MINUTES August 25, 2020 September 1, 2020 September 15,2020 C. CONSIDER RESOLUTION 21-09 GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TMC 3.50 FOR NON-PROFIT LOW-INCOME HOUSING PROPERTIES TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 D. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR UTILITY BILL PRINTING,MAILING AND BARCODING SERVICES Council President Lueb motioned for approval of the Consent Agenda as presented. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Mayor Snider x Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Shaw x 4. RECEIVE BRIEFING ON METRO SUPPORTIVE HOUSING SERVICES (SHS) LOCAL IMPLEMENTATION PLAN (LIP) REVIEW Senior Planner Warren introduced this item and said Washington County Department of Housing Services staff were present to brief Council.Jes Larson, Supportive Housing Services Program Manager and Ally Jamieson, Supportive Housing Services Project Manager presented a slideshow which is in the packet for this meeting. Program Manager Larson said the Supportive Housing Services measure was approved in May 2020 with 58 percent support. It was built by a coalition of business and community leaders and is scaled to end chronic homelessness in the Metro region. Washington County will partner with Multnomah and Clackamas Counties on the largest per capita investment to address homelessness in the nation.Washington County anticipates receiving$38 million in Year 1,with annual revenue estimated to be $75 million by Year 3. The program structure includes local advisory bodies and local implementation plans (LIP), a regional oversight committee to approve all LIPs and a future Tri-county advisory group to evaluate programmatic aspects and the quality of the system. Program Manager Larson described how communities in need are prioritized: • People with disabilities experiencing, or at risk of,prolonged homelessness, and with extremely low incomes (priority population A) • People experiencing episodic homelessness or at risk of homelessness (priority pop. B)) • Measure is designed to lead with race. Black,Indigenous, and People of Color (BIPOC) communities are disproportionately impacted.Although Black and Indigenous people make up 5%of the total population,they comprise over 20%of the region's homeless population. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 Supportive Housing Services include: • Housing Services:long-term residential assistance,emergency, or short-term housing interventions • Support (Wraparound) Services:Housing case management,mental healthcare, addiction and recovery services,employment supports,peer supports, etc. Program Manager Larson said the goal is 5,000 Supportive Housing placements which includes 1,665 for Washington County.The measure supports the services,but the physical units will be made available by the affordable housing bond and what is available on the market. She showed a slide of the timeline and noted that the planning began in the fall of 2020 and the program will begin in July 2021. Ally Jamieson,SHS Project Manager, said a Local Implementation Plan Advisory Committee was formed which looked at needs assessments,racial disparity, and strategies to advance equity. It included stakeholders and members of the community and outlined metrics on what will be the most meaningful to achieve. There are also implementation working groups for the following: Regional long-term rental assistance and unit capacity Shelter capacity for Washington County Service provider network development Data management and coordinated entry system County and City staff coordination Planned investments—A slide was shown of Year 1 investments in each of the six categories. • Shelter and transitional housing 16% • Outreach and navigation services 8% • Housing barrier costs and short-term rent assistance 11% • Regional long-term rent assistance 37% • Supportive Services 16% • System of care capacity building 12% Investments by Priority Population: • Population A 56% • Population B 16% • Population A&B 28% (Sometimes people don't fit into just one category) Year 1 outcome goals: 500 supportive housing placements, 500 additional households achieving housing stability, 100 year around additional shelter beds, capacity building underway for a culturally specific network and measurable goals that demonstrate equitable outcomes. Next steps include finalizing the LIP and receiving LIP approval,public solicitation for service providers,Metro LIP approval and intergovernmental agreement execution. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 Program Manager Larson asked the Council how Tigard would like to support or participate in ongoing SHS work. She asked what housing and homeless programs are provided by Tigard that Council and staff want to make sure SHS is aware of. Mayor Snider asked about the constitution of the regional oversight committee and suggested there be someone from Tigard or south Washington County. Program Manager Larson responded that they were already seated and the list in on Metro's website. She said they are planning to increase the partners from the SE portion of Washington County.Mayor Snider said they need to make sure south and southeast Washington County receive resources as being so far from Hillsboro makes that a challenge. He referred to the earlier public comment segment of the meeting and requested that the appropriate Washington County housing staff be notified and follow up on concerns expressed about the apartment name. Councilor Goodhouse mentioned he was on the Family Promise Board of Directors and that organization helps to get houseless families back on their feet. Many households who are currently experiencing homelessness were trying to live on fixed incomes such as disability or veterans' benefits and it was not enough. He suggested help is needed for treatment for mental health issues and said an arrest record can hinder progress towards getting housed. NIMBYs don't want to support or help those individuals. Councilor Shaw noted that Tigard awards annual grants to several service providers through the Social Services Sub-committee of its Budget Committee and she wanted to get this information out to those providers so they can apply to help. She noted that the County's goal is 1,665 placements and asked what the number was per city. Program Manager Larson said they do not know at that granular level. She said much of the program's distribution will be a tenant-based voucher which will move wherever the people want to live. Mayor Snider said Tigard is 10 percent of Washington County's population, so an estimate is 160. Ms.Larson said another goal is at least four year around shelters in Washington County,which could provide 200 shelter beds. It is difficult to site permanent shelters, and support from Council would be helpful.Mayor Snider said the City Council was just discussing this at their 2-year goal setting session in the past few days. Youth Councilor Calderon said he was glad to see recognition that the BIPOC population is disproportionately represented in homelessness. Councilor Newton emphasized that addressing homelessness is one of Council's goals.As the city's representative on the Community Development Block Grant (CDBG) Policy Advisory Committee, she is always impressed with what is available in the community. She said Tigard is making affordable housing efforts and it is a priority. Mayor Snider emphasized for the public that this is the largest per capita measure to address homelessness in the nation. He said, 'We have the money, so we need to deliver on it."He was proud that people in this region have committed to help. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 11 5. CONSIDER APPROVAL OF PUBLIC SAFETY ADVISORY BOARD WORK PLAN AND TOPIC SCHEDULE Management Analyst Ramos introduced this item. Public Safety Advisory Board (PSAB) Chair Jimmy Brown and Member Justin Low gave a presentation with other PSAB members adding their comments. Chair Jimmy Brown said the PSAB is requesting Council approval for their Work Plan and Topic Schedule.They need this approval to move forward and welcome edits and recommendations. Member Justin Low gave some background on the PSAB.After the murder of George Floyd in the summer of 2020 there was a national reawakening and a call to action on police brutality and systemic racism. Local leaders,Mayor Snider and the City Council challenged the Tigard community to help eliminate racism in our city and elevated this conversation on social media and at the Fireside Chats. This led to the creation of the PSAB. In September of 2020 the Council adopted the founding documents. Community members of diverse backgrounds were encouraged to apply for positions on the Board.An online community caucus allowed community members to learn about applicants and make recommendations for 15 members including people from the BIPOC, LGBTQ+, faith based and frontline communities. Selections were made for 15 voting members and two alternates. A slide listing the PSAB members was shown.The membership represents the voices of those most impacted by issues in public safety.The ages, education,professions, socio-economic status and lived experiences are incredibly diverse,reflecting the rich diversity that already exists in the Tigard community. He said he is proud to serve alongside these members. A mission statement was developed: "Improve the lived experience of all people in Tigard so that everyone enjoys the same safety and privilege through a comprehensive review of the practices and procedures in the City police department, municipal court, and social justice initiatives." PSAB Member Low said a Work Plan and Topic Schedule were created. Before the PSAB could re- evaluate and help improve public safety practices to better serve the community,they needed to understand the current systems,processes and procedures of the Tigard Police Department. The proposed topic schedule is in Attachment A of the agenda item summary. He said they also recognized within our lived experience, some experiences that our friends and family had with the Tigard Police Departments or those all over the country. Chair Brown said the Board chose to highlight the experience of serving as Chair and Vice Chair and so members will rotate through these leadership positions to elevate the voices of all the members. To further the Board value of centering racial equity and anti-racism into all conversations as they review policies and recommendations,they hold discussions and share personal stories of their lived experience and interactions with public safety. PSAB Chair Brown said, "It is important to elevate these experiences, so people know they are real."The impact of hate crime on Asian Americans is an example,where the simple act of going to the store is not guaranteed. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 PSAB Chair Brown said he shared his own experiences with the Tigard Police Department of 20 years ago, but there have been monumental changes and those coming from the PSAB will continue to build into the future. He invited other PSAB members to comment. PSAB Member Patty Lofgren said she has lived in Tigard 29 years and has been a classroom teacher for almost 40 years. She always asks her students -Who are you?Who do you want to be?And How can I help you? She never thought police or city government would be so open and equitable in that same way. But seeing the past two mayors and Chief McAlpine transform the city warms her heart. It feels like her classroom once again and honors everyone as human beings. She said the PSAB is doing some amazing work and thanked Council for getting this going. PSAB Member Liz Newton said, "What I'm most grateful for is that it has transformed me. I sit here as a councilor and I think to center my thoughts around those that are most impacted." She walks away from the meeting grateful that we can have these conversations and grateful that people are willing to share and want to make our community better. PSAB Member Valarie Sasaki thanked Mayor Snider,the City Council and Liz Newton. She said discussions are not just informed by those of the BIPOC community but by police educating us about the needs of law enforcement. She said Chief McAlpine and Commander McDonald have open minds and listen to how they can make their jobs impactful in many ways. She thanked law enforcement officers who helped develop their work plan and for committing to holding additional discussions on ways to make our community better,even through the use of technology. Mayor Snider said he was impressed with the work the PSAB has accomplished in such a short time and that this is the essence of what Tigard is today in 2021. He expressed appreciation for the time and effort put in to make this work. PSAB Member Low said each board member has an opportunity to present their views and all dissenting opinions are documented in the recommendation. He noted the importance of every voice being heard and building consensus. It is not simple majority rule,nor the chair and vice-chair making decisions. Their voting process is by consensus (12 out of 15 votes). Chair Brown referred to the body camera discussion held last night and said it was the most robust conversation held since they began meeting,with a wonderful presentation by Sgt. Leigh Erickson and Chief McAlpine weighing in. It covered the review process for body-worn cameras,how data is downloaded and who looks at it. It related to the ability of someone to tamper with technology before it would get placed in the server. Sgt. Erickson gave a heads up on what the process is for new body worn cameras. PSAB Member Sasaki added that she was concerned about video chain of custody. She was impressed with everyone's commitment to future discussions on policies, procedures and training that will help with efficacy of this technology investment for both the police and the community. Chair Brown said the focus on policies and procedures came up as the Board decided to endorse the purchase of new and replacement body-worn and dash cameras in Fiscal Year 20-21 and review policies simultaneously. The issue is not just about getting the technology but also ensuring that the new purchase and the policies,practices and procedures fit within the culture,mission and values of the Police Department and the city. He highlighted that as important as technology is to the department,it needs to be grounded in the perspective of focusing on the lived experience of all residents and those who live,work and play in Tigard. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Chair Brown said the PSAB has learned about the department structure,mission and values and their work plan was developed utilizing the knowledge and skills of Tigard's Police Department. They are a partner, and he wants to impress upon everyone how important this is. It is one thing to have an outside organization looking at the department,but it is another thing entirely to have the depat anent look at itself. He said it tells us that they are focusing on their values,mission and public transparency. Chair Brown said PSAB members are connected to diverse groups of individuals out in the community, and they need to connect back and share what they have learned. He noted it was also the responsibility of PSAB members to let the department know how their policies and practices impact members of the community. Quantitative data, such as the number of traffic stops or use of force is important,but so is the qualitative piece. It should also be considered when developing policy,including what people think about the work the police do and how they are impacted. PSAB Member Lofgren spoke about an effort to reach out to the community by generating a list of 27 organizations they will contact and invite to comment,join in and watch their meetings. It was an authentic way to say we care and are trying to bring everyone together at the table. PSAB Member Justin Low closed by thanking the City Council and Mayor Snider and requesting approval of work plan and topic schedule as presented. Mayor Snider said it sounds like PSAB is working well as a team and taking outreach to the community. He was comfortable with the plan as presented. He asked Council for any feedback or suggestions for changes. Councilor Shaw said she was incredibly impressed with the work being done and ready to move this forward. Councilor Goodhouse agreed that they are doing great work. Council President Lueb said listening to the PSAB meetings is one of the most meaningful things she has been a part of since being elected to Council. She said the community members have exceeded her expectations and she commended them for their time and service to their community. Council President Lueb moved to approve the Public Safety Advisory Board Work Plan and Councilor Newton seconded the motion. The motion passed unanimously. Yes No Mayor Snider x Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Shaw x Mayor Snider thanked them and asked that they let Council know how they can help. Chair Brown thanked the PSAB members. He thanked Mayor Snider and said, 'We are at a point in our social existence where life really comes down to right and wrong. Through your efforts here it is clear you moved yourself,this council and this city towards doing the right thing." TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 6. CONSIDER RESOLUTION EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 City Attorney Rihala gave the staff report. This is the seventh extension of the city's emergency declaration and last week was the one-year mark for operating under an emergency declaration due to the COVID-19 pandemic. The proposed extension moves the expiration date to June 30, 2021 for the purpose of continuing with emergency efforts,receiving federal reimbursement for costs, and transitioning to vaccine distribution. Council President Lueb moved for approval of Resolution No. 21-10. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-10—A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 Yes No Mayor Snider Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Shaw x Mayor Snider announced that Resolution 21-10 passed unanimously. 7. NON-AGENDA I 1'EMS—None 8. ADMINISTRATIVE REPORT—City Manager Rymer thanked the PSAB for a great report and their unwavering commitment to the community.He reported on some administrative items. • The Council and Leadership Team met for goal setting last Friday and Saturday. Next steps will be working with the facilitator on a document that reflects the discussion. Council goals, team commitments and ground rules will be on future agendas. • COVID Assistance:Utility billing staff have been placing follow-up calls to customers 60 days past due on their utility bills that might not be aware of available resources. Of 61 customers reached, 57 were eligible for assistance. The city's first business license fee waiver went to a flooring company that went through the required technical training. • Over 120 volunteers participated in a socially distanced mural painting project in the downtown last weekend. Flowers by Donna provided flowers to be passed out to volunteers on the first day of spring. Mural painting continues the weekend of March 27-28. • The team at the Library continues to work with Facilities,Risk and Washington County regarding the reopening in April in a controlled and safe manner. • The Police Department continues their great work investigating the January 7 Tigard riot. Through the work of detectives and support from U. S. Marshalls, a fourth person was arrested for actions in the riot, and a few more arrests are anticipated. TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 9. EXECUTIVE SESSION: None 10. ADJOURNMENT At 9:22 p.m. Councilor Goodhouse moved for adjournment. Councilor Shaw seconded the motion and City Recorder Krager conducted a roll call vote. Mayor Snider announced that the meeting was adjourned. Yes No Mayor Snider x Councilor Goodhouse x Councilor Newton x Council President Lueb x Councilor Shaw x Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES March 23, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 11 .11111 q City of Tigard City Council Business/Workshop Meeting Minutes TIGARD March 16, 2021 1. BUSINESS MEETING A. At 6:32 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ C. Pledge of Allegiance—Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items —City Manager Rymer said staff is requesting that Council pull Agenda Item No. 4—Consider Approval of a Resolution of Necessity for Property Acquisition Related to the Public Works Facility and Yard Project from the agenda. There were no objections from Council.Agenda Item No. 4 was tabled to a future meeting. 2. PUBLIC COMMENT A. Public Comment—Written—Mayor Snider noted there were two comments received today, one regarding the proposed resolution of necessity in Agenda Item 4 and another regarding the rate charged to 1-inch water meter users. B. Public Comment—Phone-In—Mr.Brian Spencer commented on Agenda Item No. 4 and said he is a principal with the group owning the property originally scheduled for a discussion about the city purchasing it through condemnation,if necessary. He requested that the Council reject the Resolution of Necessity or at a minimum, defer the decision to allow for more time to consider alternatives and what effect this would have on the businesses involved. He said the existing business has been in Tigard since 1972 and at that particular property location since 1992. The property is unique in the Portland area and he is not aware of any other property that this tenant could currently relocate to. Even if one was identified and purchased,it could take three to five years to develop and construct. This action by the city would displace or eliminate a significant local employer. It would be a loss to Tigard and to the people employed there. He said he reviewed the agenda material, and it appeared the selection TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 11 process has gone on for quite some time. But they were first notified on March 3 and he was shocked by such short notice. He did not understand why they were not notified as soon as the property was under consideration. It leaves the property owner and tenants inadequate time to engage and find another location. He said he was unfamiliar with the other properties under consideration,but it appears they would cost less to acquire, and he thought this would be important to a public body spending public money. He suggested that the city seek under- or undeveloped property and consider the factors he sent in his email and his testimony tonight. B. Follow-up to Previous Public Comment—None. 3. CONSIDER APPROVAL OF CONTRACT WITH EMILY OBERDORFER FOR MUNICIPAL COURT JUDGE Central Services Director Robinson gave the staff report on consideration and possible ratification of an employment agreement for Ms.Emily Oberdorfer for the municipal court judge position. Former presiding judge Michael O'Brien retired at the end of 2020 and a statewide recruitment was launched. The position was advertised through the Oregon State Bar Association, the Oregon Municipal Judge's Association, Indeed, social media and the city's website.We received 29 applications and 8 semi-finalists were interviewed. Three applicants were invited to come before the full council and Emily Oberdorfer was selected as the finalist. Central Services Director Robinson said she and HR Director Bennett negotiated a 15-month employment agreement which automatically renews for one-year terms unless notice is given. The initial hourly amount is the current judge pay rate of$100 per hour,but hours are expected to increase due to photo enforcement.When the position increases to half-time or more, compensation will shift to salary,which starts at$93,000. The contract also includes a reopener provision so if those work hours regularly exceed .6 FTE,there is the ability to discuss a different salary. It allows for a six-month probationary period and annually the judge will meet with Council to provide a report and to do goal setting. Ms. Oberdorfer is eligible for Management, Non-represented benefits,pro-rated for her part-time status. If Council approves the employment contract,March 28, 2021 would be her start date. Judge Oberdorfer said she was honored to become a judge for the city of Tigard. She gave some background noting that she attended Lewis and Clark Law School after receiving her bachelor's degree at PSU. She acted as Judge pro tem with and for Judge 0 `Brien and shares his judicial philosophies. She looks forward to working with the community as we get used to photo radar. Council President Lueb offered congratulations and welcomed her, adding that she looks forward to meeting her in person (but not in the courtroom). Council President Lueb moved for approval of the contract with Emily Oberdorfer for Municipal Court Judge. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ This item was tabled to a future date. 5.. RECEIVE MARCH 2021 CAPITAL IMPROVEMENT PLAN UPDATE City Engineer Faha said the CIP is part of city's annual budget and represents projects for the existing budget year and those planned for the next five years. She highlighted projects that have some cost or schedule issues. The Fanno Creek trail project,which will create four new sections has several budget and schedule issues. The project uses federal highway funds meaning that ODOT must manage the grant. Staff is looking forward to bidding the project in the fall with construction starting in the next fiscal year. In the upcoming budget process there is another increase of$700,000. She researched whether there would be any savings to the city if the grant was just turned back and discovered that there would be no cost savings.Trail amenities can be defunded for a savings of$650,000 that could be available to help with the increased cost. The city applied for an Oregon Marine Board grant to make the Cook Park dock ADA accessible. People in wheelchairs could access their watercraft.The Cook park softball and baseball turf infields are underway. There will be a third-quarter budget request for additional funds as the contractor ran into subgrade foundation issues and a cement-treated base is required. Contracts for slurry sealing and paving will be coming soon to Council for approval. There is a 79th Street Engagement website seeking input to develop short-term ideas to help with traffic calming and slowing in that area and to define future sidewalk gap projects. The Upper Boones Ferry Road adaptive signaling project is aiming for summer 2021 construction. An 8-month closure of the overpass on Hall Boulevard is planned during the ODOT Highway 217 widening project.A traffic signal is going in at 72nd Avenue and Tech Center Drive and should be in operation by June. Staff is hoping to bid the Main Street Phase 2 project by August. It is at 60 percent design and staff has been doing outreach to businesses on that segment of Main Street. City Engineer Faha said sanitary sewer projects are all going well. She showed slides of the Frewing Street stormwater culvert construction and headwalls for the creek crossing under Frewing Street. Councilor Shaw commented that the Cook Park ADA project is vital and will be a tremendous asset to the community. She asked if there was an opportunity to bring back some of the Fanno Creek Trail amenities through grants. City Engineer Faha said staff is watching for grant opportunities and possibly looking to the Metro Parks Bond. TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 11 6. RECEIVE UPDATE ON TYLER TECHNOLOGY PROJECT Tyler Oversight Project Manager Beck gave a slide presentation to update Council on progress of the 4-year Tyler Technologies project implementation. Over many years of customization to the city's software it has reached the point where we need to overcome the siloed systems that can't communicate with each other. The Tyler Technology Project will replace outdated and disparate software throughout the city's core business systems with a modem,integrated system designed to allow standardized, efficient workflows, data sharing and reporting,heightened security,and enhanced customer service.The project will modernize the enterprise system,using LEAN/process efficiency improvements and solutions that will help the city meet performance audit recommendations. Current solutions provide very limited public-facing capabilities and Tyler will increase transparency and ease of access for the public. To date, the team has established a framework and set up a 4-year scheduled implementation, established internal project management and an internal Tyler Steering Committee comprised of department leads.There is a project stakeholder communication plan. Key achievements include the launch of Phase 1 -Munis implementation (Core Financials). Recently, Phase 2—EAM (Enterprise Asset Management and work orders) and Phase 3 —HCM (Human Capital Management,Risk and Payroll)were kicked off. Tyler Oversight Manager Beck said public benefits include an improved and streamlined customer interface including access portals. There will be vendor online capabilities to eliminate paper processes and reduce the need for in-person visits to conduct business.The public will eventually have access to a centralized 311 solution to submit various concerns and comments. The 311 solution will improve the intake,tracking and response to community concerns and has much greater analytical capability which will be transformative to the city. He discussed the schedule for the next four years showing a ramp up to having multiple modules going at once this year,and five by next year. This is the largest business system project the city has ever attempted. Significant teammate time is needed during and after implementation. Councilor Newton expressed concern that this project might impact the delivery of services to the public as we move through the implementation. She verified that in the long run the city will have the ability to make more informed decisions because its systems will be more connected,which is a benefit. Mr. Beck said there will be one stop shopping for city business all in one place and the 311 component will help people report potholes or trees down in the road,etc. Councilor Goodhouse commented that in a recent discussion about a land use process it was noted that software important to the process was not implemented yet and he asked if the Tyler implementation was holding this up. IT Manager Nolop replied that these types of programs will come forward from the departments and Community Development will bring this forward beginning in 2022 and go live with Intergov in 2023. Tyler Oversight Project Manager Beck offered to come back in six months to provide an update and Mayor Snider agreed that would be helpful. TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 11 7. RECEIVE BRIEFING ON WATER COST OF SERVICE ANALYSIS AND RATE STUDY PROJECT Public Works Director Rager, Executive Manager Goodrich and Management Analyst Rico were joined by Finance and Information Services Manager LaFrance to present the second workshop session regarding the water cost of service analysis (COSA) and rate study project. FCS Consultants Doug Gabbard, Zechariah Hazel and John Ghilarducci attended and a copy of their slideshow is in the packet for this meeting. Executive Manager Goodrich said this was Workshop No. 2 on the COSA and rate study project. Council would be provided information on rate design which is necessary to finalize any proposal regarding water utility rates. Information from the previous workshop was provided to newly elected Councilor Shaw. The Water Advisory Board (WAB) received the same information and presentation at a Special Meeting on March 10. City Manager Rymer gave Council the information at that time. FCS Project Manager Gabbard covered rate design basics and how they fit into the larger project. He said they first identified water utility revenue requirements (Capital Improvement, Operating Budget and Fiscal Policies) and came up with an across-the-board rate increase to cover the requirements.But they did not stop there. The next step was to take the revenue requirement and allocate it by function, and then finally allocate by customer class.That is where the discussion left off at the last workshop in February. The main goal of a rate structure is to recover the targeted level of revenue. It is generally composed of fixed and variable charges and includes considerations such as equity, understandable and implementable (Can it easily be explained to customers? Can the current billing system implement it?),impacts, revenue stability and predictability. Other considerations are affordability and conservation.There are many competing agendas to balance. He reported on specific items the city wanted FCS to examine and their recommendations: • Booster Fee Charges -FCS found that the current booster charge over-recovers. They recommend a smaller charge reflecting only costs required for the booster, mostly electicity. But there will be a small impact as this revenue drops. • 1" Residential Meters with Fire Suppression systems— 185 customers have 1" meters for fire suppression purposes.Their fixture unit counts only demand 5/8" meters. For all rate design scenarios, the FCS recommendation is for these customers to be downsized to a 5/8"meter. • 1" Residential Meters analysis and outcomes —Is it equitable to price all residential meter base charges the same? Staff put together data on usage and peaking factors. Presently,those with 1"meters pay a significantly higher base charge than those residents with 3/4" or 5/8" meters.Pricing them the same would mean a$5.26 monthly increase for 5/8", an $8.09 decrease in 3/4"meter users and a $32.43 decrease for 1" meter owners. (FCS does not recommend the same fixed rate and their proposals tonight assume single-family customers are charged by meter size.) TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 Mr. Gabbard showed a graph of a year's worth of bills for residential customers. At the 50th percentile (average) a 1"meter is using 7 CCFs and smaller meters are using fewer CCFs.At higher percentiles the 1"meters are using more but they have to use 16 CCFs in a month before going to Tier 2.About 80% of 1"meter bills never get out of Tier 1. But if they were to be priced the same as 5/8" meters and if that change encompassed a lower fixed charge and lower Tiers then the top of Tier 1 would come down to 6 CCFs which is where the 5/8"meters range. Then only 40 % of the 1" meters would be able to avoid Tier 2. • Uniform volume charge for multi-family—Currently multi-family users are subject to the same tiers. However, this is not as practical because a multi-family user may not be the same person as the one paying the water bill so price signals are lost. A uniform volume charge would simplify the rate schedule without doing much damage to incentives. They recommend a uniform multi-family volume charge for all usage (all tiers) of$4.37. FCS Consultant Hazel discussed implementation strategies and timing. He said they did not recommend a one-time adjustment because that is too dramatic a transition.A better approach is to take the adjustments and phase them in over five years. He showed a slide of the COSA rate increases going into effect in 2022 and some classes have too dramatic an increase, such as Multi- family at 29.30%.But if this one-time adjustment went into effect there would only need to be a 2%increase for the next four years. He said the recommended implementation strategy is phasing the COSA over five years,which smooths the rates over the time and is less dramatic. This slide showed multi-family at 7%at the highest increase. Industrial and irrigation uses remains flat. Residential starts by over-collecting by almost 2% but in 2026 they are exactly on target.When phasing in over five years there are adjustments that will need to be made at the end of that time to lessen over-collecting and making sure rate increases are subtle. Cost of service adjustments between classes are not made to the fixed charges so instead the recommendation is a 4%across-the-board adjustment to all classes. Volume charges are impacted by cost. (Multi-family class has no tiered system in this scenario but other classes do.) FCS Consultant Hazel outlined the Staff Recommendations on Policy Decisions: • Booster charge - continue to charge Yes at allocated cost in earlier slide • Fire Suppression and a fixture count consistent with 5/8" would be charged fixed fee based on 5/8" Yes • Continue fixed charge based on meter size for Single-family customers Yes • Multi-family charged a uniform volume rate Yes • COSA adjustments—one-time or phased in Phased in • If phased in, should it be as presented Yes Next Steps: Staff would return on April 6 for consideration of an amendment to the fees and charges schedule based on this discussion.After that, the focus will be on communication and outreach. TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Mayor Snider noted that the WAB agreed with all staff recommendations except the 1"meter rates. Councilor Newton asked for clarification on how fair share relates to consistency of multi-family rates and asked about conservation. Consultant Gabbard said the COSA identified the shifts necessary to make sure all classes pay their fair share. Through the volume rates everyone is brought to the cost-of-service rates. But in rate design, the practicality of multi-family users being insulated from price signals means their use is not influenced like any of the other classes. There is a separation of user and payer. Single-family residential users continue to be in the tier system and price signals are sent clearly. There are multi-family developments with significant landscaping that have irrigation meters. Councilor Goodhouse asked if there had been any outreach to industrial or irrigation users and suggested they get notification of these changes. He asked if this affects costs for the city as they install water parks. Executive Manager Goodrich said that any rate increases will affect the city and the parks if they are using city utilities. He said staff did similar outreach for multi-family users years ago. Multi-family residents are less likely to be concerned about how much water they use compared to their neighbor.A benefit for the property owner is that a system without tiers is easier to explain to the tenant and forecasting property management budgets is easier. The revenue requirements are already built into the rates. Staff will explain the COSA and their new uniform rate with one communication. Councilor Shaw noted that slide 7 mentioned 1"meters for fire suppression and asked if this included some homes or just townhomes. She mentioned that a building code requirement for homes on a steep grade was to have a 1"meter. Executive Manager Goodrich said these are townhomes in the River Terrace development. Staff recommended more hydrants, but the developer put in separate fire suppression systems,perhaps to market them as safer. It was not a requirement from TVF&R. For those customers on steep hillsides or in areas where fire equipment is impacted on arrival,staff found the fixture counts are close to 1-inch. There would be no change to their cost of service. Mayor Snider requested the slide showing Water Use by Meter Size be displayed. He said the question being asked is the wrong one and certainly not what the 1"meter users are asking. He said rather than asking to pay the exact same amount,they are asking why they are paying so much more. It doesn't seem equitable and proportional. Looking at the graph,he pointed out that among the 3/4" and 5/8"meter users there are 10% (1,656 meters) that are using more than 16 CCF per month. He compared that to 1"meter users who use more than 16 CCF at 18%,which is more on a percentage basis but that only represents 284 customers.He said he has heard for years that 1"meter customers needed to be charged more because they demand so much more of Tigard's water system and that has caused the city to build its system more than 5/8" and 3/4" customers requie. But doing the math, 1,656 5/8" and 3/4"meter customers are using 26,496 CCF and 284 1"meter customers are using 4,544, or six times less!When he thinks about equity,maybe the 1" meter customers should pay somewhat more, but almost half of them are only using 1 CCF more which means that half are paying more than double the base charge for the 1 CCF more. He said that is the definition of inequity. He added that he would not support a plan that has 1"meter customers paying more than double what 5/8" and 3/4" customers do. Consultant Gabbard said mayor's points are well taken. He said the rate design process is a top- down decision if starting from scratch. It needs to be decided how much revenue should be raised from fixed charges and how much from volume. Once a decision is made on how much should be TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 raised from fixed charges,you need to decide on what to base the rest of the charges.A decision was made in Tigard to base it on the flow capacity of meters,which is an approach FCS supports. He said volume isn't the fairest way to allocate a fixed charge because that is already covered in the usage charge. But meter size could be used as they vary in the amount of flow that is supplied. Councilor Goodhouse noted that when his sprinklers are on in the summer,he has low flow inside the house. He asked if a 1-inch meter would make a difference. Consultant Gabbard said he would certainly have more flow available with a larger meter. In response to a question from Mayor Snider on differences in flow per meter size, Executive Manager Goodrich provided slides showing the following: Max. flow per minute Max. flow per day 5/8"meter 16 gallons 23,040 gallons 3/4"meter 24 gallons 34,560 gallons 1" meter 40 gallons 57,600 gallons He said the meter size was the basis of how the rates were designed in 2010 as the city was taking on a large amount of debt for the water system. It was important at that time to have at least 40% of fixed costs covering that portion of the debt service so we would not default technically on our bond coverage. Mayor Snider said we can still do that—the 40%is not in question;it is how it is allocated. There is a disconnect in how much is charged. He referred to the maximum flow numbers for 1"meters and said none of those customers are anywhere near the maximum use. Executive Manager Goodrich said the base charges that increase with the size of the meter send a strong conservation message. He said the 1"meter customers took on 2 1/2 times the debt for the capacity they have and are paying for the debt service on a system designed to meet their potential demand and the 5/8" meter customers are paying for the debt service designed to meet their lower demand. Mayor Snider said he cannot defend it and it needs to change. FCS Consultant Hazel said the fact is, the system must be designed to meet potential demand of customers and there are choices to charge for the actual demand or the potential.There is a trade-off. you would see more customers adding 1-inch meters. You want incentives for people to use the smaller meter that they can. Mayor Snider said that is not what we have been seeing. People are moving into Tigard and River Terrace and when they get their first water bill they say, "Hmm,why is it so high?"Then they call the city and find out they have a 1" meter.But that was put in by the developers. The people making the decisions to put larger meters in are not the people bearing the monthly payments. He said he has not seen that incentive working. Councilor Shaw said her family did the math and came to the same conclusion. They do have that potential demand, but they are not using that amount. She agreed that water conservation is important but added that most people don't even know what size water meter they have. Councilor Newton said she struggles with the same issue. Being on the Lake Oswego Tigard Water Partnership Board, we had a lot of people struggling to conserve. She supervised Utility Billing for a time and heard a lot of questions and saw a lot of 1-inch meter users that never get above Tier 1 so it is hard to explain how this is a fair system. TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Executive Manager Goodrich responded that he has been following the policies set by the city. In 2010 Council adopted the rate structure after analysis and information was given and this system has been in use for ten years. We have a few vocal customers but for the most part we are not communicating a lot with 1" customers at the staff level about pricing, however, that doesn't mean that their concerns aren't valid. He advised that if the council makes any changes to the structure, they are creating a special class and whatever those revenues were to fund capital improvement projects, LOTWP repair and replacement will have to come from somewhere else. It could be shifted to the consumption rate,but then the problem is that if it is moved to a variable rate and we have a mild summer, the amount of water we sell in Tiers 2 and 3 could lead to struggling to meet our operating ratio requirements. Questions are how would this affect other classes on a fixed proportional base rate. Would it affect multi-family rates? How would this impact our commercial customers? He said staff and consultants are ready to "sharpen our pencils,"but need some direction as far as who is going to pay more. Council President Lueb said she has heard complaints about the 1" meter situation since she became a councilor. But after looking at the history and usage,she understands that the system was priced to make us able to pay our bond and capital improvement projects. But we now have usage history and can look at it to make it more equitable. A shift from 1"meter base charge needs to be covered by other customers. She suggested reducing the amount of capacity before going to the next Tier. Youth Councilor Calderon agreed that it is not equitable, and the difference is too drastic for the 1" meter users. He said we need to look more at who is using the most water and have them pay more. Councilor Goodhouse asked if there is a way to look at the bills to see if it would balance if they pay more for usage but less for the meter. Mayor Snider suggested that taking the average amount of$35.57, adding 39%per Mr. Keith Jehnke's public comment letter for 1"meters and leaving 5/8"and 3/4"meters as they are would remain at the average and then figure out the deficit. There would be a tier for all users that charges customers using obscene amounts of water. Councilor Goodhouse cautioned that there might be the issue with mild summer weather. Council figured several ways to make adjustments. Council President Lueb said the base charge needs to be flat. It would be a nightmare from an accounting standpoint if a property turns over and the new owner uses less water than the previous owner did. She said if we want to "punish" water use,have more of a significant first tier. Mayor Snider heard we want something equitable to some extent based on and anchored to real life water usage instead of a theoretical maximum that nobody is using.We do want a fixed base fee of approximately 40 %. Finance Director LaFrance recommended that instead of having Council doing math during the meeting,we let FCS group do this work. On April 6,we can bring results back to Council. He noted that any alternative needs to be one that our billing system supports. Mayor Snider said Council shares that desire. Finance Director LaFrance said Council was clear about what analysis needed to be done by FCS Group for the April 6 meeting. • Single-family residential customer costs should be equitable and anchored to real life water use rather than potential maximum capacity TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 • Fixed base fee of 40% • Single-family residential rates would balance fixed and variable (consumption) fees • The 5/8"meter represents 1 and the 1"meter represents 1.4 ratio • Alternatives must be able to be supported administratively Councilor Newton thanked staff for providing the information and she appreciated staff's involvement in the robust discussion. Mayor Snider thanked staff for preparing slide of distribution of billed use by meter. After he read the summary of the WAB meeting,he wanted to see a picture and he appreciated staff putting that together so quickly. 8. NON-AGENDA ITEMS —None 9. ADMINISTRATIVE REPORT— City Manager Rymer thanked the IT team. We were recently notified about vulnerabilities in the Microsoft Exchange email service. Mike Nolop and Keelan Cleary and worked hard to address this and vulnerabilities were monitored and addressed. The website revisioning process is ongoing and over 200 website survey responses have been received.The city is looking at the website design through the lens of what the community needs rather than setup by department. Look at it by what our community needs rather than by department. The State of the City Address is a few weeks away. We are planning to bring forward a refined agreement regarding School Resource Officers to the Tigard-Tualatin School Board,the Public Safety Advisory Board and then to Council.The Library became fine-free a month ago.This is becoming the trend in libraries across the country. The City Management Team is reviewing barriers to applying and examining ways to streamline the board and committee applications process to make it more equitable. The budget is being finalized. 10. EXECUTIVE SESSION—None. 11. ADJOURNMENT At 9:05 p.m. Council President Lueb motioned for adjournment. Councilor Shaw seconded the motion and City Recorder Krager conducted a roll call vote. The motion passed unanimously. Yes No Councilor Newton x Council President Lueb x Councilor Shaw x Mayor Snider Councilor Goodhouse x TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 10 of 11 Carol A. Krager,City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES March 16, 2021 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 11 AIS-4712 3. C. Business Meeting Meeting Date: 09/14/2021 Length(in minutes): Consent Item Agenda Title: Local Contract Review Board:Amend Contract with Scott I Edwards Architecture for Public Works Facility and Yard Project Prepared For: Christine Moody Submitted By: Christine Moody,Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda- LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Local Contract Review Board will consider a contract amendment for planning and property acquisition services with Scott I Edwards Architecture,LLC on the Public Works Facilities remodel project. STAFF RECOMMENDATION /ACTION REQUEST The team recommends the Local Contract Review Board authorize the amendment to the contract with Scott I Edwards Architecture,LLC for an additional$88,050.00 and direct the City Manager to take the steps necessary to execute the amendment. KEY FACTS AND INFORMATION SUMMARY The Public Works Department has been searching for a new property since April 2020. This work is a critical first element in the scope of the City Facilities Consolidation (CFC) project. Public Works has been working with a commercial real estate broker, as well as an architecture firm,to ensure that properties selected for review will meet the City's needs for a new public works facility. The role of the architecture firm (Scott Edwards and Associates,LLC or"S I EA") has been to update Public Works' space needs, develop a facility and workspace program for the department, and assess selected properties for suitability based upon the developed program. The final deliverable for this work was a master plan document summarizing the program development and assessment of the top five list of properties. S I EA completed the initial master plan document,including the assessment of the top five properties. However,none of those initial top five properties are feasible for acquisition for various reasons, and further property search and site analysis is needed. 'This contract amendment allows S I EA to continue assisting Public Works with additional property analysis, including conceptual site review and ranking for up to four additional properties, as well as a more detailed analysis of the top-ranked properties. This level of analysis is crucial and helpful in that the City is not able to perform actual"due diligence" on these properties at this stage of work. That due diligence work would be done once a property is selected and a purchase and sale agreement is developed and executed. The estimate from S I EA for this additional work is $88,050.00. Under Tigard Public Contracting Rule (PCR) 10.075 (C), such additional work added to a contract of this size requires the approval of the Local Contract Review Board (LCRB) as the total contract would now exceed twenty-five percent (25%) of the original contract amount. The original contract was issued for$200,000.00 in the fall of 2020. A previous amendment,Amendment#1, added $48,750.00 to the contract while another amendment,Amendment#2,extended the duration of the contract but added no additional dollars. Amendment#3 will amend the contract to modify the services and increase the total potential compensation by$88,050.00, for a new not to exceed contract total of$336,800.00. OTHER ALTERNATIVES The LCRB may reject this amendment and direct staff to solicit for the additional services. This would likely add fairly significant time to the work as well as lose some continuity with the ongoing work if the City changed consultants at this time. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan, Priority 3, Ensure development and growth support the vision. Objective 3.1 Pursue land development that maximizes public health benefits while increasing connection between people and community destinations. Objective 3.2 Focus development-associated resources in parts of the city that have the capacity to serve, house,employ,and attract the most people with the least impact on Tigard's natural systems and the climate Objective 3.4 Proactively intervene as necessary to meet the housing needs of all community members. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this contract has been before the LCRB but the on-going work results have been presented to the City Council during project updates. Fiscal Impact Cost: $88,050.00 Budgeted (yes or no): Yes Where budgeted?: Facilities Capital Projects Fund Additional Fiscal Notes: Attachments No file(s)attached. ±17 -e-;./.—, , SUPPLEMENTAL PACKET 'R.:i.e.; -''' [ ' •—•- ' i---1-:i.-•f_ - �i• . FOR � .1 ="= - .. (DATE OF MEETING) - e ' . ,' F.ret AO(' 7444X1,01fit , 7 „. , , 4... _ '''• L , Qty gfTigard �•_ _ Pi �' WELCOMING WEEK September 10-19, 2021 +`' 1 _.` _ Whereas,Tigard's Community Promise to Equity,Environment Economy,Engagement and Excellence is built upon the ideals of just and fair inclusion,participation,involvement - - l and fostering trusting relationships that allow all to prosper and; ^i, Whereas,Welcoming Week affirms the importance of creating strong community 1 .E connections that support a welcoming and inclusive community for immigrants,refugees, and long-time residents;and 1 Whereas,Tigard's desire to create a diverse,equitable and inclusive community is enriched by strengthening connections between new and existing residents and city ' leaders in order to foster a sense of belonging and making sure that all persons feel '. a - welcome here;and • Whereas,new residents make up a vital part of our community and bring robust growth and prosperity—bringing fresh perspectives and new ideas,starting businesses,and 11&& 1 contributing to the vibrant diversity that we all value;and F r Whereas,all new Tigardians are worthy of a sense of belonging to our community;a `� feeling fostered by peers,neighbors,and local governmental entities through positive i interactions and equitable access;and - Whereas,during Welcoming Week,we honor the spirit of unity which brings people 1' together across Tigard,greater Washington County and Oregon;and 7 .�- Whereas,we invite Tigard residents to reaffirm and renew the commitment to the core 1 • American value of providing opportunity for all who seek it regardless of immigration tF • •'1 status,race,ethnicity,place of origin,English language proficiency,religion,income, i. t• , gender,sexual orientation,differing abilities or age so that we enhance Tigard's health, economic prosperity,and community well-being for current and future generations;and Whereas,regardless of where we are born or what we look like,we are united in our efforts to build a prosperous,more inclusive community where every resident has the • J opportunity to contribute their best. r NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby r proclaim,September 10-19,2021 as, 1 SIL WELCOMING WEEK t,"I in Tigard,Oregon and encourage all residents to make our community a more welcoming - 1 place for new and long-term residents alike. LII Dated this 14'"day of September 2021 i= 4 ra!'i IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City l' of Tigard to be affixed. Jason B. Snider, Mayor , City of Tigard , Attest: •• .. ' Carol Kreger,City Recorder . I AIS-4665 4. Business Meeting Meeting Date: 09/14/2021 Length (in minutes): 20 Minutes Agenda Title: Consider Resolution Authorizing Issuance of Debt Service for TIF Districts Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Request Council approval of resolution authorizing financing of capital projects described in the Tigard Triangle and City Center TIF District plans. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY To implement approved plans, Tax Increment Financing (urban renewal) Districts can issue debt to finance approved projects. These borrowed funds are paid back with the tax increment that is generated from a portion of the property taxes within the district. The attached resolution accomplishes the following: 1) Authorizes staff to enter into a new financing agreement to fund projects in the Tigard Triangle TIF district plan in an amount not to exceed $3,650,000. Potential projects include, but are not limited to: A) Park land acquisition B) Street and Trail design and construction C) Public Utilities 2) Authorizes staff to enter into a new financing agreement to fund projects in the City Center TIF District plan in an amount not to exceed $1,100,000. Potential projects include, but are not limited to: A) Universal Plaza construction B) Bike/Pedestrian Facilities 3) Approves an intergovernmental agreement (IGA) with the Tigard Center Development Agency (ICDA). This IGA outlines that Tigard is issuing full faith and credit borrowing for the tax-exempt portion of the Triangle borrowing and the City Center borrowing, and that the TCDA will repay the debt with tax increment collected by the agency. The TCDA Board will consider companion resolutions tonight. The proposed borrowing will be with Commerce Bank. The city issued a Request for Proposals (RFP) on June 8, 2021 with deadline of providing a response of July 7, 2021 for three different debt issuances. The RFP was sent to 27 banks/financial institutions and the city received responses from eight of these institutions. Six of the responses were for only two of the three debt issuances. Columbia Bank and Commerce Bank responded to all three of the debt issuances and Commerce Bank's terms were more favorable for the city. As such Commerce Bank was chosen as it provided the most favorable terms over all of the debt issuances and allowed the city to work with a single bank for each debt issuance. OTHER ALTERNATIVES Council could not approve the resolution. This could lead to a delay in funding TIF District projects. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS City Strategic Plan 2020-2025 Priority 2 - Create a well-connected, attractive, and accessible pedestrian network. Priority 3 - Ensure development advances the vision A New Tigard Triangle: Planning for Equitable Development Tigard Triangle Urban Renewal Plan City Center Urban Renewal Plan Tigard Comprehensive Plan Special Planning Areas- Downtown Goal 15.2 Facilitate the development of an urban village DATES OF PREVIOUS CONSIDERATION August 13, 2019- Consider Resolution Authorizing Issuance of Debt Service for Urban Renewal Projects. Fiscal Impact Cost: 9,070,000 Budgeted (yes or no): Yes Where Budgeted (department/program):TCDA Additional Fiscal Notes: These funds are for projects of the City Center and Tigard Triangle TIF Districts. Some of these projects are included in the FY2022 TCDA budget while others will be included in future fiscal years. Attachments Resolution Exhibit A r CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION OF THE CITY OF TIGARD, OREGON AUTHORIZING FULL FAITH AND CREDIT FINANCING FOR TIF DISTRICT PROJECTS. WHEREAS,the City of Tigard, Oregon (the"City")is authorized by Oregon Revised Statutes Section 271.390 to enter into financing agreements to finance real or personal property which the City Council determines is needed so long as the estimated weighted average life of the financing agreement does not exceed the estimated dollar weighted average life of the property that is financed;and, WHEREAS, the City desires to (1) finance projects described in the City Center Urban Renewal Plan, as it has been and may be amended in accordance with its terms (the "City Center Projects"); and (2) finance projects described in the Tigard Triangle Urban Renewal Plan,as it has been or may be amended in accordance with its terms (the"Tigard Triangle Projects" and together with the City Center Projects, the "Projects");and WHEREAS, the Town Center Development Agency (the "Agency") is projected to have (1) sufficient tax increment revenues from the City Center Urban Renewal Area to pay the amounts due from the City in connection with the financing of the City Center Projects and (2) sufficient tax increment revenues from the Tigard Triangle Urban Renewal Area to pay the amounts due from the City in connection with the financing of the Tigard Triangle Projects, and will enter into intergovernmental agreements with the City to use tax increment revenues to pay those amounts;and WHEREAS,the City or the Agency may incur expenditures (the"Expenditures") to pay costs of the Projects prior to the issuance of the financing agreement and the City wishes to declare its official intent to reimburse itself or the Agency for any Expenditures the City or the Agency may make from its own funds on the Projects from the proceeds of the financing agreement, the interest on which may be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the"Code"). NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Determination of Need.The City Council hereby determines that the Projects are needed. SECTION 2: Financing Agreement Authorized for City Center Projects. The City is hereby authorized to enter into to one or more financing agreements (the "City Center Financing Agreements") in an aggregate principal amount of not to exceed$1,100,000 to finance the City Center Projects and to pay costs related to issuing the City Center Financing Agreements. The City Center Financing Agreements shall be issued pursuant to ORS 271.390 and relevant provisions of ORS Chapter 287A and as provided in this resolution. SECTION 3: Financing Agreement Authorized for Tigard Triangle Projects.The City is hereby authorized to enter into to one or more financing agreements (the "Tigard Triangle Financing Agreements" and together with the City Center Financing Agreements, the "Financing Agreements") in an aggregate principal amount of not to exceed $3,650,000 to finance the Tigard Triangle Projects and to pay costs related to issuing the Tigard Triangle Financing Agreements. The Tigard Triangle Financing Agreements shall be issued pursuant to ORS 271.390 and relevant provisions of ORS Chapter 287A and as provided in this resolution. RESOLUTION NO.21- Page 1 SECTION 4: Delegation.The City Manager, or their designee (each of whom is referred to herein as a"City Official"), is hereby authorized, on behalf of the City and without further action by the City Council,to: (1) Negotiate,execute and deliver the Financing Agreements. Subject to the limitations of this Resolution,the Financing Agreements may be in such form and contain such terms as the City Official may approve, and the City Official may determine whether to finance the Projects under one or multiple Financing Agreements. (2) Determine the final principal amount,interest rates,payment dates,prepayment rights and all other terms of the financings. (3) Negotiate, execute and deliver one or more notes to evidence amounts due under the Financing Agreements. (4) Select one or more commercial banks or lenders with which to negotiate, execute and deliver the Financing Agreements. (5) Enter into additional covenants for the benefit of the purchasers of the Financing Agreements that the City Official determines are desirable to obtain more favorable terms for the Financing Agreements. (6) Issue the Financing Agreements with interest that is taxable or tax-exempt under the Code. (7) Designate any of the Financing Agreements as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Code,if applicable. (8) Execute and deliver any other certificates or documents and take any other actions which the City Official determines are desirable to carry out this resolution. SECTION 5: Payments from City Center Urban Renewal Area Tax Increment Revenues.The City Official is authorized to enter into an intergovernmental agreement (the "City Center IGA") with the Agency, under which the Agency agrees to provide tax increment revenues from the City Center Urban Renewal Area in sufficient amounts to pay all amounts due from the City under the City Center Financing Agreements.The City Center IGA shall be in substantially the form attached to this resolution as Exhibit A,but with such changes the City Official may approve. SECTION 6: Payments from Tigard Triangle Urban Renewal Area Tax Increment Revenues. The City Official is authorized to enter into an intergovernmental agreement(the"Tigard Triangle IGA" and together with the City Center IGA,the"IGAs")with the Agency,under which the Agency agrees to provide tax increment revenues from the Tigard Triangle Urban Renewal Area in sufficient amounts to pay all amounts due from the City under the Tigard Triangle Financing Agreements. The Tigard Triangle IGA shall be in substantially the form attached to this resolution as Exhibit A,but with such changes the City Official may approve. SECTION 7: Security.Pursuant to ORS 287A.315,the City Official may pledge the City's full faith and credit and taxing power within the limitations of Sections 11 and 1 lb of Article XI of the Oregon Constitution to pay the amounts due under the Financing Agreements. The City is not RESOLUTION NO. 21- Page 2 authorized to levy additional taxes to pay the amounts due under the Financing Agreements. In addition,the City Official may pledge or assign any amounts that the City receives under the IGAs to pay the amounts due from the City under the Financing Agreements. SECTION 8: Reimbursement Declaration.The City hereby declares its official intent to reimburse its or the Agency's Expenditures with the proceeds of the Financing Agreements pursuant to United States Treasury Regulation 1.150-2. SECTION 9: 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 3 ■ EXHIBIT A Intergovernmental Agreement to Make Financing Payments by and between the Town Center Development Agency, Oregon and the City of Tigard, Oregon Dated as of , 2021 3368947)043174 AGMT ■ Y TABLE OF CONTENTS Section 1. Definitions and Recitals. 1 (1) DEFINITIONS. 1 (2) FINDINGS. 2 Section 2. The Financing Payments 2 (1) THE FINANCING PAYMENTS. 2 (2) SECURITY FOR THE OBLIGATION OF THE AGENCY TO PAY THE FINANCING PAYMENTS. 2 Section 3. Prepayment. 3 Section 4. Estoppel. 3 Section 5. Title 3 Section 6. Miscellaneous. 3 (1) BINDING EFFECT. 3 (2) SEVERABILITY 3 (3) AMENDMENTS 3 (4) EXECUTION IN COUNTERPARTS. 3 (5) APPLICABLE LAW 4 (6) RULES OF CONSTRUCTION. 4 (7) HEADINGS 4 Intergovernmental Agreement 3368947.3 043174 AGMT Intergovernmental Agreement to Make Financing Payments This Intergovernmental Agreement to Make Financing Payments is dated as of , 2021, and is entered into by and between the Town Center Development Agency, Oregon, (the "Agency") and the City of Tigard, Oregon(the "City"). The parties hereby agree as follows: Section 1. Definitions and Recitals. (1) Definitions. Unless the context clearly requires otherwise, capitalized terms used in this Intergovernmental Agreement which are defined in this Section 1(1) shall have the following meanings: [City Center: "2007 IGA"means the Intergovernmental Agreement to Make Loans Between the City of Tigard and the Tigard City Center Development Agency dated as of June 12, 2007.] "2019A IGA"means the Intergovernmental Agreement for the Provision of Administrative and Development Services Between the City of Tigard and the Town Center Development Agency dated July 30, 2019. [City Center: "2019B IGA"means the Intergovernmental Agreement to Make Financing Payments between the City and the Agency, which is dated as of August 29, 2019.] "Financing Agreement"means the Financing Agreement, Series 2021[A/B] between the City and the Lender in the principal amount of$[ ] to finance the Projects and pay costs of issuance, which is dated as of[ ], 2021. "Financing Payments" means the principal and interest payments the City is required to make to the Lender under the Financing Agreements. "Lender" means [ ], or its successors or assigns. "Plan"means the [City Center/Tigard Triangle] Urban Renewal Plan, as it has been and may be amended in accordance with its terms. "Projects"means the "[City Center/Tigard Triangle] Projects" as defined in the Resolutions. "Resolutions" means City Resolution No. 21- adopted by the City Council on [ ], 2021 and Agency Resolution No. 21- adopted by the Board of Directors of the Agency on [ ], 2021. "Tax Increment Revenues"means all revenues which the Agency collects for the [City Center/Tigard Triangle] Urban Renewal Area under the provisions of Article IX, Section lc of the Oregon Constitution and ORS Chapter 457. Page 1 - Intergovernmental Agreement 3368947.3 043174 AGMT (2) Findings. (A) The City has entered into the Financing Agreement to finance costs of the Projects and to pay the cost of issuance of the Financing Agreement. (B) The Projects are or at the time proceeds of the Financing Agreement are spent will be properly described as urban renewal projects in the Plan. (C) The Agency is authorized to spend Tax Increment Revenues to pay for the costs of the Projects. (D) The Projects will assist the Agency in carrying out its Plan. (E) The Agency will only spend the proceeds it receives from the City under this Intergovernmental Agreement on the Projects so long as they are described in the Plan and located in the [City Center/Tigard Triangle] Urban Renewal Area. (F) The Agency has approximately [City Center: $ /Tigard Triangle: $ ] of unused maximum indebtedness under the [City Center/Tigard Triangle] Urban Renewal Area available prior to executing this Intergovernmental Agreement and [City Center: $ /Tigard Triangle: $ ] of the amount of this Intergovernmental Agreement will count against that limit. Section 2. The Financing Payments. (1) The Financing Payments. The Agency hereby agrees to pay to the Lender or the City, not less than one business day prior to the dates on which the Financing Payments are due to the Lender, amounts that are equal to the Financing Payments in a maximum principal amount of$[ ]. The amounts and dates of the Financing Payments are shown in Exhibit A. The Agency further agrees to give the City notice if it has sent funds directly to the Lender to pay the Financing Payments. (2) Security for the Obligation of the Agency to Pay the Financing Payments. This Intergovernmental Agreement shall constitute indebtedness of the Agency in a principal amount that is equal to the Financing Amount. The Agency is obligated to make the payments due under this Intergovernmental Agreement solely from the Tax Increment Revenues. Pursuant to ORS 287A.310, the Agency pledges the Tax Increment Revenues to pay the amounts described in Section 2(1). [City Center: The pledge in the third sentence of this Section 2 (2) is on a parity with the pledge of the Tax Increment Revenues that secures the 2007 IGA, the 2019A IGA, the 2019B IGA, and any other indebtedness the Agency is obligated to pay to the City.] The pledge in the third sentence of this Section 2 (2) is subordinate to any indebtedness that the Agency is obligated to pay to persons other than the City[Tigard Triangle: , including any bonds issued pursuant to the Master Borrowing Declaration for the Tigard Triangle Urban Renewal Area dated as of[ , 2021] (the "Master Borrowing Declaration") and on a parity with the pledge of Tax Increment Revenues that secure the 2019A IGA]. Page 2 -Intergovernmental Agreement 3368947.3 043174 AGMT Section 3. Prepayment. If the City exercises its option to prepay the Financing Payments in whole or in part, unless the Agency consents in advance and in writing, the Agency shall not be obligated to prepay the amounts due from it under this Intergovernmental Agreement. Section 4. Estoppel. The Agency hereby certifies, recites and declares that all things, conditions and acts required by the Constitution and Statutes of the State of Oregon and by this Intergovernmental Agreement to exist, to have happened and to have been performed precedent to and in the execution and the delivery of this Intergovernmental Agreement, do exist, have happened and have been performed in due time, form and manner, as required by law, and that this Intergovernmental Agreement is a valid and binding obligation of the Agency which is enforceable against the Agency in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other laws or judicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Section 5. Title. Neither the City nor the owner of the Financing Agreements shall have a lien on, or security interest in the Projects. Section 6. Miscellaneous. (1) Binding Effect. This Intergovernmental Agreement shall inure to the benefit of and shall be binding upon the Agency and the City and their respective successors and assigns. (2) Severability. In the event any provisions of this Intergovernmental Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. (3) Amendments. This Intergovernmental Agreement may be amended only by a writing signed by both parties. (4) Execution in Counterparts. This Intergovernmental Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute the same instrument. Page 3 -Intergovernmental Agreement 3368947.3 043174 AGMT (5) Applicable Law. This Intergovernmental Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any action regarding this Intergovernmental Agreement or the transactions contemplated hereby shall be brought in an appropriate court of the State of Oregon in Washington County, Oregon. (6) Rules of Construction. References to section numbers in documents which do not specify the document in which the section is located shall be construed as references to section numbers in this Intergovernmental Agreement. (7) Headings. The headings, titles and table of contents in this Intergovernmental Agreement are provided for convenience and shall not affect the meaning, construction or effect of this Intergovernmental Agreement. IN WITNESS WHEREOF, the Agency and the City have executed this Intergovernmental Agreement as of the date indicated above. For the Town Center Development Agency of the City of Tigard, Oregon Steve Rymer, Executive Director [The signature of the City appears on the following page.] Page 4 -Intergovernmental Agreement 3368947.3 043174 AGMT For the City of Tigard, Oregon Steve Rymer, City Manager Page 5 - Intergovernmental Agreement 3368947.3 043174 AGMT EXHIBIT A FINANCING PAYMENT SCHEDULE Principal and interest requirements are outlined in the following table. Principal due under the Financing Agreement bears interest at a fixed annual interest rate of[ ] hundredths percent [ ]%per annum, calculated on a 30/360 day basis. Total Date Principal Interest Payment Exhibit A to Intergovernmental Agreement 3368947.3 043174 AGMT AIS-4711 5. Business Meeting Meeting Date: 09/14/2021 Length (in minutes): 5 Minutes Agenda Title: Town Center Development Agency-Consider Resolutions Authorizing Financing of Triangle TIF District Projects and an IGA Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Town Center Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Request Town Center Development Agency Board approval of resolutions authorizing 1) financing of capital projects from the Tigard Triangle TIF District Plan and 2) an intergovernmental agreement (IGA)with the City of Tigard. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of the two resolutions. KEY FACTS AND INFORMATION SUMMARY To implement approved plans,Tax Increment Financing(urban renewal) Districts can issue debt to finance approved projects. These borrowed funds are paid back with the tax increment that is generated from a portion of the property taxes within the district. The attached resolutions, and the companion City resolution,accomplish the following: 1) Authorizes staff to enter into a new financing agreement to fund projects in the Tigard Triangle TIF district plan in an amount not to exceed $4,700,000. Potential projects include,but are not limited to: A) Park land acquisition B) Street and trail design and construction C) Public utilities D) Re/Development assistance and partnerships,including affordable housing 2) Approves an intergovernmental agreement (IGA)with the City of Tigard,which obligates the TCDA to repay the debt that the City is issuing. The TCDA will use tax increment revenues to repay the debt. OTHER ALTERNATIVES Council could not approve the resolutions. This would lead to a delay in funding TIF District projects. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS City Strategic Plan 2020-2025 Priority 2- Create a well-connected, attractive, and accessible pedestrian network. Priority 3—Ensure development advances the vision A New Tigard Triangle: Planning for Equitable Development Tigard Triangle Urban Renewal Plan City Center Urban Renewal Plan Tigard Comprehensive Plan Special Planning Areas-Downtown Goal 15.2 Facilitate the development of an urban village DATES OF PREVIOUS CONSIDERATION August 13, 2019- Consider Resolution Authorizing Issuance of Debt Service for Urban Renewal Projects Fiscal Impact Cost: $9,070,000 Budgeted (yes or no): Yes Where Budgeted (department/program): TCDA Additional Fiscal Notes: These funds are for projects of the City Center and Tigard Triangle TIP Districts. Some of these projects are included in the FY2022 TCDA budget while others will be included in future fiscal years. Attachments IGA Resolution Exhibit A-IGA Bond Resolution Exhibit A-Master Declaration CITY OF TIGARD, OREGON TIGARD TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 21- A RESOLUTION OF THE TIGARD TOWN CENTER DEVELOPMENT AGENCY AUTHORIZING INDEBTEDNESS FOR CAPITAL PROJECTS DESCRIBED IN THE URBAN RENEWAL PLANS FOR THE CITY CENTER URBAN RENEWAL AREA AND THE TIGARD TRIANGLE URBAN RENEWAL AREA. WHEREAS, the Town Center Development Agency (the "Agency") is authorized by ORS Chapter 457 to incur indebtedness to carry out its urban renewal plan and by ORS Chapter 190 to enter into intergovernmental agreements; and WHEREAS, the City of Tigard expects to finance (1) projects (the "City Center Projects") described in the City Center Urban Renewal Plan,as it has been and may be amended in accordance with its terms (the "City Center Plan") in an amount not to exceed $1,100,000 and (2) projects (the "Tigard Triangle Projects" and together with the City Center Projects, the"Projects") described in the Tigard Triangle Urban Renewal Plan, as it has been and may be amended in accordance with its terms (the "Tigard Triangle Plan") in an amount not to exceed$3,650,000;and WHEREAS, the Agency agrees to pay the debt service related to the financing of the City Center Projects from the tax increment revenues of the Agency's City Center Urban Renewal Area (the "City Center Area"); and WHEREAS,the City Center Projects are urban renewal projects described in the City Center Plan;and WHEREAS, City Center Area is projected to have sufficient tax increment revenues to pay the debt service on the City's financing of the City Center Projects;and WHEREAS, the Agency is willing to commit tax increment revenues from the City Center Area in amounts sufficient to pay up to $1,100,000 in principal amount of financing for the City Center Projects and costs of issuance related to the financing;and WHEREAS,the Agency has sufficient maximum indebtedness remaining under the City Center Plan to incur up to$1,100,000 of maximum indebtedness to finance the City Center Projects;and WHEREAS,the Agency agrees to pay the debt service related to the financing of the Tigard Triangle Projects from the tax increment revenues of the Agency's Tigard Triangle Urban Renewal Area (the "Tigard Triangle Area");and WHEREAS, the Tigard Triangle Projects are urban renewal projects described in the Tigard Triangle Plan; and WHEREAS,Tigard Triangle Area is projected to have sufficient tax increment revenues to pay the debt service on the City's financing of the Tigard Triangle Projects;and RESOLUTION NO. 21- Page 1 WHEREAS,the Agency is willing to commit tax increment revenues from the Tigard Triangle Urban Renewal Area in amounts sufficient to pay up to $3,650,000 in principal amount of financing for the Tigard Triangle Projects and costs of issuance related to the financing;and WHEREAS, the Agency has sufficient maximum indebtedness remaining under the Tigard Triangle Plan to incur up to $3,650,000 of maximum indebtedness to finance the Tigard Triangle Projects. NOW,THEREFORE,BE IT RESOLVED by the Town Center Development Agency that: SECTION 1: City Center Intergovernmental Agreement authorized. The Board hereby authorizes the Agency to enter into an intergovernmental agreement (the "City Center IGA") with the City that obligates the Agency to pay up to$1,100,000 in principal amount,plus interest,to finance the City Center Projects and to pay costs associated with the financing. The City Center IGA shall constitute indebtedness of the Agency that is payable solely from the tax increment revenues of City Center Area and interest earnings on those tax increment revenues.The City Center IGA shall be in substantially the form attached to this resolution as Exhibit A but with such changes as are approved pursuant to 0. SECTION 2: Tigard Triangle Intergovernmental Agreement authorized. The Board hereby authorizes the Agency to enter into an intergovernmental agreement (the "Tigard Triangle IGA") with the City that obligates the Agency to pay up to $3,650,000 in principal amount, plus interest, to finance the Tigard Triangle Projects and to pay costs associated with the financing.The Tigard Triangle IGA shall constitute indebtedness of the Agency that is payable solely from the tax increment revenues of Tigard Triangle Area and interest earnings on those tax increment revenues.The Tigard Triangle IGA shall be in substantially the form attached to this resolution as Exhibit A but with such changes as are approved pursuant to 0. SECTION 3: Delegation. The Executive Director of the Agency or their designee,is hereby authorized,on behalf of the Agency and without further action by the Agency Board, to negotiate the final terms of and execute the City Center IGA and the Tigard Triangle IGA and to execute any documents and take any other actions that are desirable to assist the City in financing the Projects. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2021. Chair-City of Tigard Town Center Development Agency A1TEST: City Recorder-City of Tigard Town Center Development Agency RESOLUTION NO. 21- Page 2 EXHIBIT A Form of Intergovernmental Agreement RESOLUTION NO. 21- Page 3 01 EXHIBIT A Intergovernmental Agreement to Make Financing Payments by and between the Town Center Development Agency, Oregon and the City of Tigard,Oregon Dated as of , 2021 3368947.3 043174 AGMT u TABLE OF CONTENTS Section 1. Definitions and Recitals. 1 (1) DEFINITIONS 1 (2) FINDINGS. 2 Section 2. The Financing Payments. 2 (1) THE FINANCING PAYMENTS 2 (2) SECURITY FOR THE OBLIGATION OF THE AGENCY TO PAY THE FINANCING PAYMENTS. 2 Section 3. Prepayment 3 Section 4. Estoppel 3 Section 5. Title 3 Section 6. Miscellaneous 3 (1) BINDING EFFECT 3 (2) SEVERABILITY. 3 (3) AMENDMENTS. 3 (4) EXECUTION IN COUNTERPARTS. 3 (5) APPLICABLE LAW. 4 (6) RULES OF CONSTRUCTION. 4 (7) HEADINGS. 4 Intergovernmental Agreement 3368947.3 043174 AGMT Intergovernmental Agreement to Make Financing Payments This Intergovernmental Agreement to Make Financing Payments is dated as of , 2021, and is entered into by and between the Town Center Development Agency, Oregon, (the "Agency") and the City of Tigard, Oregon(the "City"). The parties hereby agree as follows: Section 1. Definitions and Recitals. (1) Definitions. Unless the context clearly requires otherwise, capitalized terms used in this Intergovernmental Agreement which are defined in this Section 1(1) shall have the following meanings: [City Center: "2007 IGA"means the Intergovernmental Agreement to Make Loans Between the City of Tigard and the Tigard City Center Development Agency dated as of June 12, 2007.] "2019A IGA"means the Intergovernmental Agreement for the Provision of Administrative and Development Services Between the City of Tigard and the Town Center Development Agency dated July 30, 2019. [City Center: "2019B IGA"means the Intergovernmental Agreement to Make Financing Payments between the City and the Agency, which is dated as of August 29, 2019.] "Financing Agreement"means the Financing Agreement, Series 2021[A/B] between the City and the Lender in the principal amount of$[ ] to finance the Projects and pay costs of issuance, which is dated as of[ ], 2021. "Financing Payments"means the principal and interest payments the City is required to make to the Lender under the Financing Agreements. "Lender"means [ ], or its successors or assigns. "Plan"means the [City Center/Tigard Triangle] Urban Renewal Plan, as it has been and may be amended in accordance with its terms. "Projects"means the"[City Center/Tigard Triangle] Projects" as defined in the Resolutions. "Resolutions"means City Resolution No. 21- adopted by the City Council on [ ], 2021 and Agency Resolution No. 21- adopted by the Board of Directors of the Agency on [ ], 2021. "Tax Increment Revenues"means all revenues which the Agency collects for the [City Center/Tigard Triangle] Urban Renewal Area under the provisions of Article IX, Section 1 c of the Oregon Constitution and ORS Chapter 457. Page 1 - Intergovernmental Agreement 3368947.3 043174 AGMT (2) Findings. (A) The City has entered into the Financing Agreement to finance costs of the Projects and to pay the cost of issuance of the Financing Agreement. (B) The Projects are or at the time proceeds of the Financing Agreement are spent will be properly described as urban renewal projects in the Plan. (C) The Agency is authorized to spend Tax Increment Revenues to pay for the costs of the Projects. (D) The Projects will assist the Agency in carrying out its Plan. (E) The Agency will only spend the proceeds it receives from the City under this Intergovernmental Agreement on the Projects so long as they are described in the Plan and located in the [City Center/Tigard Triangle] Urban Renewal Area. (F) The Agency has approximately [City Center: $ /Tigard Triangle: $ ] of unused maximum indebtedness under the [City Center/Tigard Triangle] Urban Renewal Area available prior to executing this Intergovernmental Agreement and [City Center: $ /Tigard Triangle: $ j of the amount of this Intergovernmental Agreement will count against that limit. Section 2. The Financing Payments. (1) The Financing Payments. The Agency hereby agrees to pay to the Lender or the City, not less than one business day prior to the dates on which the Financing Payments are due to the Lender, amounts that are equal to the Financing Payments in a maximum principal amount of$[ ]. The amounts and dates of the Financing Payments are shown in Exhibit A. The Agency further agrees to give the City notice if it has sent funds directly to the Lender to pay the Financing Payments. (2) Security for the Obligation of the Agency to Pay the Financing Payments. This Intergovernmental Agreement shall constitute indebtedness of the Agency in a principal amount that is equal to the Financing Amount. The Agency is obligated to make the payments due under this Intergovernmental Agreement solely from the Tax Increment Revenues. Pursuant to ORS 287A.310, the Agency pledges the Tax Increment Revenues to pay the amounts described in Section 2(1). [City Center: The pledge in the third sentence of this Section 2 (2) is on a parity with the pledge of the Tax Increment Revenues that secures the 2007 IGA,the 2019A IGA, the 2019B IGA, and any other indebtedness the Agency is obligated to pay to the City.] The pledge in the third sentence of this Section 2,(2) is subordinate to any indebtedness that the Agency is obligated to pay to persons other than the City[Tigard Triangle: , including any bonds issued pursuant to the Master Borrowing Declaration for the Tigard Triangle Urban Renewal Area dated as of[ , 2021] (the"Master Borrowing Declaration") and on a parity with the pledge of Tax Increment Revenues that secure the 2019A IGA]. Page 2 - Intergovernmental Agreement 3368947.3 043174 AGMT Section 3. Prepayment. If the City exercises its option to prepay the Financing Payments in whole or in part, unless the Agency consents in advance and in writing, the Agency shall not be obligated to prepay the amounts due from it under this Intergovernmental Agreement. Section 4. Estoppel. The Agency hereby certifies,recites and declares that all things, conditions and acts required by the Constitution and Statutes of the State of Oregon and by this Intergovernmental Agreement to exist,to have happened and to have been performed precedent to and in the execution and the delivery of this Intergovernmental Agreement, do exist, have happened and have been performed in due time, form and manner, as required by law, and that this Intergovernmental Agreement is a valid and binding obligation of the Agency which is enforceable against the Agency in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, fraudulent conveyance, reorganization,moratorium or other laws or judicial decisions or principles of equity relating to or affecting the enforcement of creditors' rights or contractual obligations generally. Section 5. Title. Neither the City nor the owner of the Financing Agreements shall have a lien on, or security interest in the Projects. Section 6. Miscellaneous. (1) Binding Effect. This Intergovernmental Agreement shall inure to the benefit of and shall be binding upon the Agency and the City and their respective successors and assigns. (2) Severability. In the event any provisions of this Intergovernmental Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. (3) Amendments. This Intergovernmental Agreement may be amended only by a writing signed by both parties. (4) Execution in Counterparts. This Intergovernmental Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute the same instrument. Page 3 - Intergovernmental Agreement 3368947.3 043174 AGMT (5) Applicable Law. This Intergovernmental Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. Any action regarding this Intergovernmental Agreement or the transactions contemplated hereby shall be brought in an appropriate court of the State of Oregon in Washington County, Oregon. (6) Rules of Construction. References to section numbers in documents which do not specify the document in which the section is located shall be construed as references to section numbers in this Intergovernmental Agreement. (7) Headings. The headings, titles and table of contents in this Intergovernmental Agreement are provided for convenience and shall not affect the meaning, construction or effect of this Intergovernmental Agreement. IN WITNESS WHEREOF, the Agency and the City have executed this Intergovernmental Agreement as of the date indicated above. For the Town Center Development Agency of the City of Tigard, Oregon Steve Rymer, Executive Director [The signature of the City appears on the following page.] Page 4 - Intergovernmental Agreement 3368947.3 043174 AGMT For the City of Tigard, Oregon Steve Rymer, City Manager Page 5 - Intergovernmental Agreement 3368947.3 043174 AGMT EXHIBIT A FINANCING PAYMENT SCHEDULE Principal and interest requirements are outlined in the following table. Principal due under the Financing Agreement bears interest at a fixed annual interest rate of[ 1 hundredths percent [ 1%per annum, calculated on a 30/360 day basis. Total Date Principal Interest Payment Exhibit A to Intergovernmental Agreement 3368947.3 043174 AGMT CITY OF TIGARD, OREGON TIGARD TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 21- A RESOLUTION AUTHORIZING INDEBTEDNESS FOR PROJECTS DESCRIBED IN THE TIGARD TRIANGLE URBAN RENEWAL PLAN. WHEREAS, the Tigard Town Center Development Agency (the "Agency") is authorized to enter into borrowings that are payable from the tax increment revenues of the Tigard Triangle Urban Renewal Area (the "Area"); and WHEREAS, the Agency desires to borrow up to $4,700,000 for the Tigard Triangle Area to finance projects described in the Tigard Triangle Urban Renewal Plan (the"Projects");and WHEREAS,the City of Tigard, Oregon (the "City") has approved a maximum indebtedness for the Area of $188,000,000 and the Agency is willing to use a portion of its available maximum indebtedness capacity to finance the Projects;and WHEREAS,prior to the issuance of the borrowings described in this resolution, the Agency desires to incur certain capital expenditures with respect to the Projects from available moneys of the Agency and wishes to declare its official intent to reimburse itself for any such expenditures from the proceeds of borrowings authorized by this resolution. NOW,THEREFORE,BE IT RESOLVED by the Town Center Development Agency that: SECTION 1: The Tigard Triangle Borrowing. 1.1 Authorization. The Agency hereby authorizes the sale and delivery of the borrowing (the "Tigard Triangle Borrowing") for the Area in an aggregate principal amount not to exceed $4,700,000 pursuant to the applicable provisions of ORS Chapters 287A and 457. The proceeds of the Tigard Triangle Borrowing shall be used to finance the Projects,to fund debt service reserves,if necessary,and to pay costs of issuing the Tigard Triangle Borrowing. 1.2 Delegation. The Executive Director of the Agency or their designee (each of whom is referred to herein as an"Agency Official"),is hereby authorized, on behalf of the Agency and without further action by the Agency Board, to: (A) Negotiate, execute and deliver the Tigard Triangle Borrowing. Subject to the limitations of this Resolution,the Tigard Triangle Borrowing may be in such form and contain such terms as the Agency Official may approve, and the Agency Official may determine whether to finance the Projects under one or multiple series. (B) Determine the final principal amount,interest rates,payment dates,prepayment rights and all other terms of the Tigard Triangle Borrowing. RESOLUTION NO. 21- Page 1 (C) Negotiate, execute and deliver one or more bond or note to evidence amounts due under the Tigard Triangle Borrowing. (D) Select one or more commercial banks or lenders with which to negotiate, execute and deliver the Tigard Triangle Borrowing. (E) Prepare and execute a master borrowing declaration that describes the terms under which each series of the Tigard Triangle Borrowing and future borrowings on parity with the Tigard Triangle Borrowing ("Parity Borrowings") may be issued,including the covenants that the Agency makes with the owners of the Parity Borrowings,which include covenants that (i) limit the Agency's ability to remove property from the Area; (ii) require that the Agency collect certain minimum levels of tax increment revenues;and (iii) provide that the Agency will not enter into any borrowings secured by tax increment revenues unless the Agency meets or can project to meet certain collection tests. The master borrowing declaration shall be in substantially the form attached hereto as Exhibit A but with such changes as may be approved by an Agency Official. (F) Enter into additional covenants for the benefit of the purchasers of the each series of the Tigard Triangle Borrowing that the Agency Official determines are desirable to obtain more favorable terms for the Tigard Triangle Borrowing. (G) Issue the Tigard Triangle Borrowings with interest that is taxable or tax-exempt under the Code. (H) Designate one or more series of the Tigard Triangle Borrowing as a "qualified tax- exempt obligation" under Section 265(b)(3) of the Code,if applicable. (I) Pledge the tax increment revenues of the Area and the proceeds of the Tigard Triangle Borrowing to secure any series of the Tigard Triangle Borrowing. 0) Use legally available funds,including proceeds of the Tigard Triangle Borrowing, to fund a debt service reserve for any series of the Tigard Triangle Borrowing. (K) Execute any documents and take any other action which an Agency Official finds is desirable to carry out this Resolution. SECTION 2: Declaration of Intent to Reimburse.The Agency hereby declares its official intent to reimburse itself with the proceeds of the Tigard Triangle Borrowing for any expenditures on the Projects paid prior to the issuance of the Tigard Triangle Borrowing. This resolution is adopted as official action of the Agency in order to comply with United States Treasury Regulation 1.150- 2. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2021. RESOLUTION NO.21- Page 2 Chair-City of Tigard Town Center Development Agency ATTEST: City Recorder-City of Tigard Town Center Development Agency RESOLUTION NO.21- Page 3 EXHIBT1'A Form of Master Borrowing Declaration RESOLUTION NO. 21- Page 4 D EXHIBIT A FORM OF MASTER BORROWING DECLARATION Town Center Development Agency Urban Renewal and Redevelopment Bond (Tigard Triangle Urban Renewal Area) Series Executed by the Agency Official of Town Center Development Agency,Oregon As ofthe_day of , 20 3592030.5 045228 RSIND TABLE OF CONTENTS SECTION 1. FINDINGS. 1 SECTION 2. DEFINITIONS. 1 SECTION 3. SECURITY FOR SENIOR LIEN BORROWINGS. 6 SECTION 4. THE TAX INCREMENT ACCOUNT 6 SECTION 5. PARITY SENIOR LIEN INDEBTEDNESS. 10 SECTION 6. SUBORDINATE LIEN BORROWINGS. 12 SECTION 7. GENERAL COVENANTS 12 SECTION 8. AMENDMENT OF DECLARATION. 13 SECTION 9. DEFAULT AND REMEDIES. 14 SECTION 10. OWNERSHIP OF SENIOR LIEN BORROWINGS. 15 SECTION 11. DEFEASANCE. 15 SECTION 12. RULES OF CONSTRUCTION. 15 SECTION 13. THE INITIAL BOND AS PARITY SENIOR LIEN INDEBTEDNESS. 15 SECTION 14. THE INITIAL BOND 16 Appendix A Form of Bond This table of contents is not a part of the bond declaration but is provided for reference only. 3592030.5 045228 RSIND MASTER BORROWING DECLARATION THIS MASTER BORROWING DECLARATION is executed as of , 20_,by the"Agency Official" of the Town Center Development Agency, Oregon pursuant to the authority granted to the Agency Official by Agency Resolution No. (the"Resolution") to establish the terms under which the Agency's Urban Renewal and Redevelopment Bond (Tigard Triangle Urban Renewal Area), Series 20 (the "Initial Bond"), and future Parity Senior Lien Indebtedness may be issued. Section 1. Findings. The Agency finds: 1.1 The Agency is authorized to issue borrowings which are payable from the tax increment revenues of the Tigard Triangle Urban Renewal Area. 1.2 The Agency has no obligations outstanding that are secured by a pledge of or lien on the tax increment revenues of the Tigard Triangle Urban Renewal Area. 1.3 The Agency now desires to issue borrowings that have a senior lien on the tax increment revenues from the Tigard Triangle Urban Renewal Area. 1.4 The Agency executes this Master Borrowing Declaration to establish the terms under which the Initial Bond is issued and the terms under which any Parity Senior Lien Indebtedness may be issued. Section 2. Definitions. Unless the context clearly requires otherwise, the following terms shall have the following meanings: "Agency"means the Tigard Town Center Development Agency, Oregon. "Agency Official"means the Executive Director or the person designated by the Executive Director to act on behalf of the Agency under the Resolution "Annual Debt Service"means the amount required to pay principal and interest on Outstanding Senior Lien Borrowings in a Fiscal Year, calculated as follows: (i) Interest which is to be paid from proceeds of Senior Lien Borrowings shall be subtracted. (ii) Senior Lien Borrowings which are subject to scheduled, noncontingent redemption or tender shall be deemed to mature on the dates and in the amounts which are subject to mandatory redemption or tender, and only the amount scheduled to be Outstanding on the final maturity date shall be treated as maturing on that date. (iii) Senior Lien Borrowings which are subject to contingent redemption or tender shall be treated as maturing on their stated maturity dates. (iv) If the Agency issues Senior Lien Borrowings that qualify for federal interest Page 1 —Master Borrowing Declaration 3592030.5 045228 RSIND subsidies, such as the subsidies for`Build America Bonds," and commits to use the subsidies to pay those Senior Lien Borrowings, then the subsidies that the Agency receives, or reasonably expects to receive, may be deducted from Annual Debt Service for purposes of making the calculations and determining compliance with the tests for issuing Additional Parity Senior Lien Indebtedness,meeting a Reserve Funding Requirement, releasing property and any other tests affected by"Annual Debt Service." (v)Each Balloon Payment shall be assumed to be paid according to its Estimated Debt Service Requirement. "Area"means the Tigard Triangle Urban Renewal Area which is described in the Plan, and all additions thereto. "Balloon Payment"means any principal payment for a Series of Senior Lien Borrowings, which comprises more than twenty-five percent(25%) of the original principal amount of that Series, but only if that principal payment is designated as a Balloon Payment in the closing documents for the Series. "Base Period"means any 12 consecutive months from the 24 full months preceding the issuance of a series of Parity Senior Lien Indebtedness. "Business Day"means any day except a Saturday, a Sunday, a legal holiday, a day on which the offices of banks in Oregon or New York are authorized or required by law or executive order to remain closed, or a day on which the New York Stock Exchange is closed. "City"means the City of Tigard, Oregon, a duly organized and existing city under and by virtue of the laws of the State of Oregon. "Closing"means the date on which a Series of Senior Lien Borrowings is delivered in exchange for payment. "Code"means the United States Internal Revenue Code of 1986, as amended. "Debt Service"means Senior Lien Borrowing principal, interest and any redemption premium. "Divide the Taxes Revenues"means the taxes which are divided based on the increase in value of property in the Area and which are payable to the Agency under the provisions of Article IX, Section 1 c of the Oregon Constitution and ORS Chapter 457, as those provisions exist on the date of this Master Borrowing Declaration. Divide the Taxes Revenues includes the impact of "sharing" as required by ORS Chapter 457. "Estimated Debt Service Requirement"is calculated as provided in Section 5.4. "Event of Default"refers to an Event of Default listed in Section 9.1 of this Master Borrowing Declaration. "First Reserve Funding Requirement"means the lesser of Maximum Annual Debt Service on all Outstanding Senior Lien Borrowings that are secured by the First Reserve Subaccount, or the amount described in the next sentence. If, at the time of issuance of a Series of Senior Lien Page 2—Master Borrowing Declaration 3592030.5 045228 RSIND Borrowing that is secured by the First Reserve Subaccount, the amounts required to be added to the First Reserve Subaccount to make the balance in that subaccount equal to the Maximum Annual Debt Service on all Senior Lien Borrowings that are secured by the First Reserve Subaccount exceeds the Tax Maximum calculated with respect to that Series, then the First Reserve Funding Requirement means the First Reserve Funding Requirement in effect immediately before the issuance of that Series (calculated as if that Series were not Outstanding), plus the tax Maximum for that Series. "First Reserve Subaccount"means the subaccount of that name in the Senior Lien Reserve Account described in Section 4.3. "First Reserve Subaccount Valuation Date"means the first Business Day of each Fiscal Year and the Business Day following any day on which a withdrawal is made from the Senior Lien Reserve Account, and each Closing date for a Series of Senior Lien Borrowings that is secured by the First Reserve Subaccount. "Fiscal Year"means the period beginning on July 1 of each year and ending on the next succeeding June 30, or as otherwise defined by Oregon law. "Fund"or"Account"refers to any fund, account, or other accounting concept that permits the Agency to account accurately for amounts that are credited to it under this Master Borrowing Declaration. A "Fund"in this Master Borrowing Declaration does not need to appear as a "fund"in the Agency's budget. "Government Obligations"means direct noncallable obligations of the United States, or obligations the principal of and interest on which are fully and unconditionally guaranteed by the United States. "Incremental Assessed Value"means the difference between the assessed value of property in the Area for a Fiscal Year and the assessed value of property in the Area which is specified in the certified statement for the Area which is filed with the assessor pursuant to ORS 457.430. "Initial Bond Lender"means Zions Bancorporation,N.A., or its successor, as owner of the Initial Bond. "Initial Bond"means the Agency's Urban Renewal and Redevelopment Bond (Tigard Triangle Urban Renewal Area), Series 20_which is a Senior Lien Borrowing and is described in Section 14 of this Master Borrowing Declaration. "Master Borrowing Declaration"means this Master Borrowing Declaration establishing the terms of the Initial Bond, and prescribing the conditions under which the Agency may issue Parity Senior Lien Indebtedness, as it may be amended from time to time pursuant to Section 8. "Maximum Annual Debt Service"means the greatest amount of Annual Debt Service, calculated on all Senior Lien Borrowings which are Outstanding on the date of calculation, that is due in any Fiscal Year,beginning with the Fiscal Year for which the calculation is made, and ending with the last Fiscal Year in which Outstanding Senior Lien Borrowings are scheduled to be paid. Page 3 —Master Borrowing Declaration 3592030.5 045228 RSIND "Maximum Tax Increment Revenues"means the maximum amount of Tax Increment Revenues that the Agency is permitted to collect for a Fiscal Year. "Outstanding"refers to all Senior Lien Borrowings except those which have been paid, canceled, or defeased, and, for Senior Lien Borrowings which must be presented to be paid, Senior Lien Borrowings which have matured but have not been presented for payment, but for the payment of which adequate money has been transferred to their Paying Agent. "Owner"means the Initial Bond Lender as owner of the Initial Bond, and the registered owner of any Parity Senior Lien Indebtedness. "Parity Senior Lien Indebtedness"means obligations issued in compliance with Section 5 of this Master Borrowing Declaration which are secured by a lien on, and pledge of, the Security which is on a parity with the lien on, and pledge of, the Security which secures the Initial Bond. "Paying Agent"means the paying agent for any Senior Lien Borrowings issued in registered form. "Payment Date"means a date on which Senior Lien Borrowing principal or interest is due, whether at maturity or prior redemption. "Permitted Investments"means any investments in which the Agency is authorized to invest surplus funds under the laws of the State of Oregon. "Plan"means the Agency's Urban Renewal Plan for the Tigard Triangle Urban Renewal Area originally approved by Ordinance No. 16-24 on December 13, 2016, as it has been and may in the future be amended pursuant to its terms. "Qualified Consultant"means an independent engineer, an independent auditor, an independent municipal advisor, or similar independent professional consultant of recognized standing and having experience and expertise in the area for which such person or firm is retained by the Agency for purposes of performing activities specified in this Master Borrowing Declaration. "Reserve Equivalent"means any arrangement in which the Agency pays a fee in exchange for an agreement of a third party to advance money to the Agency in the future that the Agency will use in lieu of using cash or Permitted Investments credited to a subaccount in the Senior Lien Reserve Account. "Reserve Equivalent"does not include guaranteed investment contracts, master repurchase agreements and similar Permitted Investments. "Reserve Funding Requirement"means a set of rules for funding a subaccount in the Senior Lien Reserve Account. Each Reserve Funding Requirement shall indicate the amount that is required to be credited to the subaccount,the dates by which that amount must be credited to the subaccount, and the requirements for restoring amounts to the subaccount if amounts are withdrawn to pay Borrowings that are secured by the subaccount. "Security"means the Tax Increment Revenues and any additional amounts credited to the Senior Lien Account. Security also includes, for each Series of Senior Lien Borrowings,the unspent Page 4—Master Borrowing Declaration 3592030.5 045228 RSIND proceeds of that Series and amounts credited to any subaccount in the Senior Lien Reserve Account pledged to that Series of Senior Lien Borrowings. "Senior Lien Account"means the fund of that name described in Section 4. The Senior Lien Account is a part of the"Tax Increment Account." "Senior Lien Borrowings"means the Initial Bond and any Parity Senior Lien Indebtedness. "Senior Lien Debt Service Account"means the account of that name in the Senior Lien Account described in Section 4.2. "Senior Lien Reserve Account"means the account of that name in the Senior Lien Account described in Section 4.3. "Series" or"Series of Senior Lien Borrowings"refers to all Senior Lien Borrowings which are issued at one time, pursuant to a single resolution, ordinance, declaration or other authorizing document of the issuer, regardless of variations in maturity, interest rate or other provisions, unless the documents authorizing the Senior Lien Borrowings declares them to be part of a separate Series. "Subordinate Lien Account"means the account of that name in the Tax Increment Account established in Section 4.5. "Subordinate Lien Borrowings"means obligations that are issued in compliance with Section 6 of this Master Borrowing Declaration and that are not payable from or secured by any Tax Increment Revenues except Tax Increment Revenues that are available to be deposited in the Subordinate Lien Account. "Supplemental Declaration"means any declaration amending or supplementing this Master Borrowing Declaration, which is adopted in accordance with Section 8. "Tax Increment Account"means the special fund established under ORS 457.440(6)(b) to hold the Tax Increment Revenues. The Tax Increment Account may consist of one or more funds and accounts for budget purposes. "Tax Increment Revenues"means the Divide the Taxes Revenues and all earnings on the Divide the Taxes Revenues prior to their expenditure. "Tax Maximum"means, for any Series of Senior Lien Borrowings, the lesser of: the Maximum Annual Debt Service on such Series; 125%of average Annual Debt Service on such Series during all Fiscal Years in which such Series will be Outstanding, calculated as of the date of issuance of such Series; or, ten percent of the proceeds of such Series, as "proceeds"is defined for purposes of Section 148(d) of the Code. Page 5 —Master Borrowing Declaration 3592030.5 045228 RSIND Section 3. Security for Senior Lien Borrowings. 3.1 The Senior Lien Borrowings shall not be general obligations of the Agency or the City. The Agency shall be obligated to pay the Senior Lien Borrowings solely from the Security as provided in this Master Borrowing Declaration. 3.2 The Agency hereby irrevocably pledges the Security to pay the Senior Lien Borrowings. Pursuant to ORS 287A.310, this pledge shall be valid and binding from the time of execution of this Master Borrowing Declaration. The amounts so pledged and hereafter received by the Agency shall immediately be subject to the lien of this pledge without any physical delivery or further act, and the lien of this pledge shall be superior to all other claims and liens to the fullest extent permitted by ORS 287A.310. 3.3 Except as provided in the following sentence, so long as any Senior Lien Borrowings are Outstanding, each Fiscal Year the Agency shall collect the full amount of the Divide the Taxes Revenues for that Fiscal Year. The Agency may collect less than the full amount of the Divide the Taxes Revenues in a Fiscal Year if the Agency provides instructions to the Assessor that the Agency reasonably projects will result in collecting an amount of Divide the Taxes Revenues in the Fiscal Year equaling at least [one hundred twenty five percent (125%)] of the Annual Debt Service that is scheduled to be paid during that Fiscal Year. 3.4 The provisions of this Master Borrowing Declaration shall constitute a contract with the Owners, and shall be enforceable by them. 3.5 The Agency acknowledges that the covenants contained in Section 3.3 and the collection each year of the amounts described in that Section, are required to obtain favorable terms for the Initial Bond and to protect the rights of the Owners, and that the Owners will rely on that covenant. The Agency enters into that covenant pursuant to ORS 287A.325(4), which authorizes the Agency to enter into covenants to maintain levels of pledged revenues at least equal to operations and maintenance expenses of the system that produces the pledged revenues,plus debt service on a borrowing,plus an additional amount that is reasonably required to obtain favorable terms for the borrowing. The Area and the Plan are the system which produces the Tax Increment Revenues. The system does not have operations and maintenance expenses. 3.6 If a Reserve Equivalent is permitted to fund a subaccount in the Senior Lien Reserve Account, the Agency may pledge the Security available for transfer to that subaccount of the Senior Lien Reserve Account to pay amounts due under any Reserve Equivalent securing that subaccount. Section 4. The Tax Increment Account. The Agency has previously established the Tax Increment Account. The Tax Increment Account shall contain the following funds: the Senior Lien Account and the Subordinate Lien Account. The Senior Lien Account shall contain the Senior Lien Debt Service Account and the Senior Lien Reserve Account. 4.1 Beginning with the closing of the Initial Bond and continuing until all Senior Lien Borrowings are paid or defeased, the Agency shall deposit all Tax Increment Revenues in the Page 6 —Master Borrowing Declaration 3592030.5 045228 RSIND Tax Increment Account, and shall credit each deposit to the following accounts within the Tax Increment Account in the following order of priority: (A) To the Senior Lien Debt Service Account, until the Senior Lien Debt Service Account contains an amount sufficient to pay the Annual Debt Service for that Fiscal Year; (B) To the subaccounts in the Senior Lien Reserve Account as provided in Section 4.3, and in any documents authorizing a series of Parity Senior Lien Indebtedness that is secured by a subaccount in the Senior Lien Reserve Account in connection with Parity Senior Lien Indebtedness,pro rata if the Tax Increment Revenues available for deposit are not sufficient to make all required deposits to those subaccounts; and, (C) To the Subordinate Lien Account, any amounts which remain after the foregoing deposits have been made. 4.2 The Senior Lien Debt Service Account. (A) Money in the Senior Lien Debt Service Account shall be used only to pay Senior Lien Borrowing principal, interest and premium. (B) Amounts credited to the Senior Lien Debt Service Account may be invested in Permitted Investments which mature no later than the payment dates to which funds in the Senior Lien Debt Service Account are attributable. Earnings shall be credited as provided in Section 4.6. (C) Five (5) days before any payment of principal,premium or interest on the Senior Lien Borrowings is due, if the balance in the Senior Lien Debt Service Account is less than the amount due,the Agency shall credit an amount equal to the deficiency from Tax Increment Revenues in the Subordinate Lien Account. (D) If the balance in the Senior Lien Debt Service Account after the transfer described in Section 4.2(C) is not sufficient to pay all Senior Lien Borrowings,the Agency shall allocate the balance among outstanding Series of Senior Lien Borrowings pro rata based on the debt service that is next due on each Series and calculate the remaining deficiency for each Series. If any Senior Lien Borrowings are secured by a subaccount in the Senior Lien Reserve Account, the Agency shall transfer the remaining deficiency from that subaccount to the Senior Lien Debt Service Account and apply it solely to pay Senior Lien Borrowings that are secured by that subaccount. Page 7—Master Borrowing Declaration 3592030.5 045228 RSIIVD 4.3 Senior Lien Reserve Account. (A) The Agency shall create the Senior Lien Reserve Account, and may create subaccounts in that account to secure Senior Lien Borrowings; however, the Agency is not obligated to create any subaccounts in the Senior Lien Reserve Account, and is not obligated to secure any Series of Senior Lien Borrowings with a subaccount in the Senior Lien Reserve Account. When each subaccount is created, the Agency shall determine whether the subaccount will secure one or more Series of Senior Lien Borrowings. If the Agency creates a subaccount in the Senior Lien Reserve Account, the Agency shall, before it issues the first Series of Senior Lien Borrowings that is secured by that subaccount, a) establish the Reserve Funding Requirement, withdrawal procedures, replenishment requirements, permitted investments, valuation provisions, and other terms and conditions for that subaccount;b)pledge amounts credited to that subaccount to pay the Senior Lien Borrowings that are secured by that subaccount; and c) determine if the Reserve Funding Requirement for that subaccount may be funded with Reserve Equivalents and the requirements for those Reserve Equivalents, and the valuation and replenishment provisions that apply to that subaccount. (B) The Agency shall not create any subaccounts in the Senior Lien Reserve Account for any purpose except securing Senior Lien Borrowings in accordance with this Master Borrowing Declaration. 4.4 The First Reserve Subaccount and the First Reserve Subaccount Funding Requirement. (A) The First Reserve Subaccount is hereby created in the Senior Lien Reserve Account. The First Reserve Subaccount shall secure the Initial Bond and any Parity Senior Lien Indebtedness the Agency subsequently elects to secure with the First Reserve Subaccount. Except as specifically provided in this Section 4.4, amounts credited to the First Reserve Subaccount shall be used only to pay principal, interest and premium on the Initial Bond and any other Senior Lien Borrowings that are secured by the First Reserve Subaccount, and only if amounts in the Senior Lien Debt Service Account and the Subordinate Lien Account are not sufficient to make those payments. The Agency hereby irrevocably pledges the amounts that are credited to the First Reserve Subaccount to pay the Initial Bond. Pursuant to ORS 287A.310, this pledge shall be valid and binding from the Closing date of the Initial Bond. The amounts so pledged and hereafter received by the Agency shall immediately be subject to the lien of this pledge without any physical delivery or further act, and the lien of this pledge shall be superior to all other claims and liens whatsoever. (B) At Closing of the Initial Bond and any Series of Senior Lien Borrowings that the Agency elects to secure with the First Reserve Subaccount, the Agency shall deposit into the First Reserve Subaccount an amount sufficient to make the balance in the First Reserve Subaccount equal to the First Reserve Subaccount Funding Requirement. The deposit may be made from amounts available in the Subordinate Lien Account, from proceeds of the Series, or from other amounts legally available to the Agency. Page 8—Master Borrowing Declaration 3592030.5 045228 RSIND (C) If, on any Payment Date after the transfer described in Section 4.2(C) of the Master Declaration, the amounts credited to the Senior Lien Debt Service Account are insufficient to pay all the principal of, premium (if any) and interest due on that payment date on the Initial Bond and any other Series of Senior Lien Borrowings that the Agency has subsequently elected to secure with the First Reserve Subaccount, the Agency shall transfer an amount equal to the deficiency from the First Reserve Subaccount to the Senior Lien Debt Service Account and apply the amount so transferred solely to pay the Senior Lien Borrowings that are secured by the First Reserve Subaccount. (D) The Agency covenants to maintain a balance in the First Reserve Subaccount that is at least equal to the First Reserve Subaccount Funding Requirement,but solely from deposits of Tax Increment Revenues pursuant to Section 4.1(B) and Closing deposits pursuant to Section 4.4(B). The Agency shall value the amounts in the First Reserve Subaccount on each First Reserve Subaccount Valuation Date. (E) Replenishment of First Reserve Subaccount. [If the balance in the First Reserve Subaccount on a First Reserve Subaccount Valuation Date is less than the First Reserve Subaccount Funding Requirement as a result of a withdrawal from the First Reserve Subaccount pursuant to 4.4(C), the Agency shall begin making transfers of Tax Increment Revenues to the First Reserve Subaccount in accordance with Section 4.1(B). Transfers under 4.1(B) shall commence immediately following each First Reserve Subaccount Valuation Date on which the balance in the First Reserve Subaccount is less than the First Reserve Subaccount Funding Requirement, and shall continue until the balance in the First Reserve Subaccount is equal to the First Reserve Subaccount Funding Requirement.] (F) If the balance in the First Reserve Subaccount on a First Reserve Subaccount Valuation Date is greater than the First Reserve Subaccount Funding Requirement, the Agency may transfer the excess to the Senior Lien Debt Service Account. (G) Moneys in the First Reserve Subaccount may be invested in accordance with the Agency's investment policy and only in debt securities that mature within five years, or in the Oregon Short Term Fund. Earnings shall be credited as provided in Section 4.6. (H) Demand deposits, deposits in the Oregon Short Term Fund and other investments which mature in five years or less after the First Reserve Subaccount Valuation Date shall be valued at their face amount, plus accrued interest. (I) Amounts in the First Reserve Subaccount may be applied to the final payment (whether at maturity or by prior redemption) of any Series of Outstanding Senior Lien Borrowings that are secured by the First Reserve Subaccount,but only if the balance remaining in the First Reserve Subaccount after the transfer is at least equal to the First Reserve Subaccount Funding Requirement for the Senior Lien Borrowings that are secured by the First Reserve Subaccount and which remain Outstanding after that final payment. Page 9—Master Borrowing Declaration 3592030.5 045228 RSIND Amounts so applied shall be credited against the amounts the Agency is required to transfer into the Senior Lien Debt Service Account under this Master Bond Declaration. 4.5 Amounts in the First Reserve Subaccount may be transferred into escrow to defease Senior Lien Borrowings that are secured by the First Reserve Subaccount,but only if the balance remaining in the First Reserve Subaccount after the transfer is at least equal to the First Reserve Subaccount Funding Requirement for the Senior Lien Borrowings that are secured by the First Reserve Subaccount and which remain Outstanding after the defeasance.Subordinate Lien Account. Tax Increment Revenues in the Subordinate Lien Account may be used at any time for any legal purpose permitted under Chapter 457 of the Oregon Revised Statutes. The Agency may create subaccounts in the Subordinate Lien Account. 4.6 Earnings. Earnings on all funds in the Senior Lien Debt Service Account shall be credited to that account. Earnings on each subaccount in the Senior Lien Reserve Account shall be credited to that subaccount whenever the balance in that subaccount is less than that subaccount's Reserve Funding Requirement. If earnings would cause the balance in a subaccount to exceed its Reserve Funding Requirement the earnings shall be [credited first, to any subaccount in the Senior Lien Reserve Account having a balance that is less than its Reserve Funding Requirement, and second, to the Senior Lien Debt Service Account.] Section 5. Parity Senior Lien Indebtedness. 5.1 Except as provided in Section 5.2, the Agency may issue Parity Senior Lien Indebtedness only if all of the following conditions are met: (A) As of the date of Closing of the Parity Senior Lien Indebtedness, no Event of Default under this Master Borrowing Declaration or any Supplemental Declaration has occurred and is continuing. (B) As of the date of Closing of the Parity Senior Lien Indebtedness,there is no deficiency in the Senior Lien Debt Service Account, and all required deposits to all subaccounts in the Senior Lien Reserve Account have been made. (C) On or before the date of Closing of the Parity Senior Lien Indebtedness the Agency provides either: (1) a certificate of the Agency Official stating that the Maximum Tax Increment Revenues for the Base Period at least equaled one hundred fifty percent (150.00%) of the average Annual Debt Service that is scheduled to be paid during each Fiscal Year that the Parity Senior Lien Indebtedness will be Outstanding, calculated with the proposed Parity Senior Lien Indebtedness treated as Outstanding; or, (2) a report from an Qualified Consultant projecting that the Maximum Tax Increment Revenues will be at least one hundred fifty percent (150.00%) of the average Annual Debt Service in the current Fiscal Year and the five subsequent Fiscal Years, calculated with the proposed Parity Senior Lien Indebtedness treated as Outstanding. Page 10—Master Borrowing Declaration 3592030.5 045228 RSIND 5.2 The Agency may issue Parity Senior Lien Indebtedness to refund Outstanding Senior Lien Borrowings without complying with Section 5.1 if: (A) the refunded Senior Lien Borrowings are paid or defeased on the date of delivery of the refunding Parity Senior Lien Indebtedness; and, (B) the Annual Debt Service on the refunding Parity Senior Lien Indebtedness does not exceed the Annual Debt Service on the refunded Senior Lien Borrowings in any Fiscal Year by more than$5,000. In addition to allowing refunding of maturities of Outstanding Senior Lien Borrowings which are not Balloon Payments, this Section 5.2 is intended to allow Outstanding Senior Lien Borrowings which comprise a Balloon Payment to be refunded with Parity Senior Lien Indebtedness when the Annual Debt Service on the refunding Parity Senior Lien Indebtedness does not exceed the Estimated Debt Service Requirement for the refunded Outstanding Senior Lien Borrowings in any Fiscal Year by more than$5,000. 5.3 All Parity Senior Lien Indebtedness issued in accordance with this Section 5 shall have a lien on the Security which is equal to the lien of all other Outstanding Senior Lien Borrowings. 5.4 The Estimated Debt Service Requirement for Balloon Payments shall be calculated in accordance with this Section 5.4. (A) Whenever a Balloon Payment is part of a new issue of Series of Parity Senior Lien Indebtedness, the Agency Official shall prepare a schedule of principal and interest payments for a hypothetical Series of Parity Senior Lien Indebtedness that refunds each Outstanding Balloon Payment in accordance with this Section 5.4. The Agency Official shall prepare that schedule as of the date the Parity Senior Lien Indebtedness is sold, and that schedule shall be used to determine compliance with the tests for Parity Senior Lien Indebtedness,the Senior Lien Reserve Account, the release covenant as described in Section 7.4 and any other applicable test in this Master Borrowing Declaration. (B) Each hypothetical Series of refunding Parity Senior Lien Indebtedness shall be assumed to be paid in equal annual installments of principal and interest sufficient to amortize the principal amount of the Balloon Payment over the term specified in the closing documents for the Balloon Payment or, if those documents do not specify a term, for the term selected by the Agency Official. However, the Agency Official shall not select a term that exceeds the lesser of: a) the difference between the date the Balloon Payment is due and 20 years from the date on which the Series of Parity Senior Lien Indebtedness containing the Balloon Payment was issued, orb) the Agency's estimate of the remaining weighted average useful life (expressed in years and rounded to the next highest integer) of the assets which are financed with the Balloon Payment. The first annual installment shall be assumed to be due on the date the Balloon Payment is due. (C) The hypothetical Series of refunding Parity Senior Lien Indebtedness shall be assumed to bear interest at the rate the Balloon Payment bears interest. Page 11 —Master Borrowing Declaration 3592030.5 045228 RSIND (D) For the First Senior Lien Reserve Subaccount: The schedule described in this Section 5.4 shall be combined with the schedule for payment of any debt service on that Series that is not a Balloon Payment, and that combined schedule shall be used to determine the Reserve Funding Requirement as long as that Series is Outstanding. (E) For the tests for issuing Parity Senior Lien Indebtedness in Section 5.1, the covenants in Section 7.4, and any other applicable tests in this Master Borrowing Declaration: The schedule described in this Section 5.4 shall be used to calculate each Estimated Debt Service Requirement. Section 6. Subordinate Lien Borrowings. The Agency may issue Subordinate Lien Borrowings only if the Subordinate Lien Borrowings comply with the requirements of this Section 6. Subordinate Lien Borrowings shall not be payable from any account of the Tax Increment Account except the Subordinate Lien Account or a subaccount of the Subordinate Lien Account. All Subordinate Lien Borrowings shall state clearly that: 6.1 They are secured by a lien on or pledge of the Tax Increment Revenues which is subordinate to the lien on, and pledge of, the Tax Increment Revenues that secure the Senior Lien Borrowings; and, 6.2 They are not payable from any account of the Tax Increment Account except the Subordinate Lien Account or a subaccount of the Subordinate Lien Account. On the date of this Master Borrowing Declaration the Agency has approximately$[ ] in aggregate principal amount of Subordinate Lien Borrowings outstanding under the Intergovernmental Agreement for the Provision of Administrative and Development Services between the City and the Agency dated July 30, 2019. Section 7. General Covenants. The Agency hereby covenants and agrees with the Owners of all Outstanding Senior Lien Borrowings as follows: 7.1 The Agency shall promptly cause the principal,premium, if any, and interest on the Senior Lien Borrowings to be paid as they become due in accordance with the provisions of this Master Borrowing Declaration and any Supplemental Declaration, but solely from the Security pledged under this Master Borrowing Declaration. 7.2 The Agency shall not issue any obligations which have a lien or claim on the Security, which is superior to the lien or claim of the Owners so long as any Senior Lien Borrowings are Outstanding. 7.3 The Agency shall issue obligations which have a lien or claim on the Security which is on a parity with the lien and claim of the Owners only as provided in Section 5. Page 12—Master Borrowing Declaration 3592030.5 045228 RSIND 7.4 The Agency covenants that it shall not remove property from the Area unless the Agency first provides to all Paying Agents for Senior Lien Borrowings (and to any lenders which purchased Senior Lien Borrowings directly from the Agency) a certification that the Maximum Tax Increment Revenues for the Fiscal Year in which the removal occurs would have been no less than one hundred and twenty-five percent (125%)of average Annual Debt Service after taking into account the reasonable effects of the removal. 7.5 The Agency shall refinance or otherwise provide for the payment of any Balloon Payments not later than the date on which the Balloon Payments are actually due. 7.6 The Agency shall maintain complete books and records relating to the Tax Increment Account,the Tax Increment Revenues and the Senior Lien Borrowings in accordance with generally accepted accounting principles, and will cause such books and records to be audited annually at the end of each Fiscal Year, and an audit report prepared by the an independent auditor and made available for the inspection of Owners. Section 8. Amendment of Declaration. 8.1 The Agency may adopt a Supplemental Declaration to amend this Master Borrowing Declaration without the consent of any Owner for any one or more of the following purposes: (A) To cure any ambiguity or formal defect or omission in this Master Borrowing Declaration; (B) To add to the covenants and agreements of the Agency in this Master Borrowing Declaration other covenants and agreements to be observed by the Agency which are not contrary to or inconsistent with this Master Borrowing Declaration as theretofore in effect; (C) To confirm, as further assurance, any security interest or pledge created under this Master Borrowing Declaration or any Supplemental Declaration; (D) To issue Parity Senior Lien Indebtedness or Subordinate Lien Borrowings pursuant to this Master Borrowing Declaration; or, (E) To make any change which, in the reasonable judgment of the Agency, does not materially and adversely affect the rights of the Owners of Senior Lien Borrowings. 8.2 The Agency may amend this Master Borrowing Declaration for any other purpose, but only if the Agency obtains the consent of Owners representing not less than fifty-one percent (51%) in aggregate principal amount of the adversely affected Senior Lien Borrowings then Outstanding in accordance with Section 10. However,no amendment shall be valid which: (A) extends the maturity of any Senior Lien Borrowings, (B) reduces the rate of interest on any Senior Lien Borrowings, (C) extends the time of payment of interest on any Senior Lien Borrowings, Page 13 —Master Borrowing Declaration 3592030.5 045228 RSIND (D) reduces the amount of principal payable on any Senior Lien Borrowings, (E) reduces any premium payable on any Senior Lien Borrowings, without the consent of all affected Owners; (F) reduces the percent of Owners required to approve amendments to this Master Borrowing Declaration; or (G) amends this Section 8.2. Section 9. Default and Remedies. 9.1 The occurrence of one or more of the following shall constitute an Event of Default under this Master Borrowing Declaration: (A) Failure by the Agency to pay Senior Lien Borrowing principal, interest or premium when due; (B) Failure by the Agency to observe and perform any covenant, condition or agreement which this Master Borrowing Declaration requires the Agency to observe or perform for the benefit of Owners of Senior Lien Borrowings, which failure continues for a period of 30 days after written notice to the Agency by the Owners of ten percent or more of the principal amount of Senior Lien Borrowings then Outstanding specifying such failure and requesting that it be remedied; provided however, that if the failure stated in the notice cannot be corrected within such 30 day period, it shall not constitute an Event of Default so long as corrective action is instituted by the Agency within the 30 day period and diligently pursued, and the default is corrected as promptly as practicable after the written notice referred to in this paragraph (B); or, (C) The Agency is adjudged insolvent by a court of competent jurisdiction, admits in writing its inability to pay its debts generally as they become due, files a petition in bankruptcy, or consents to the appointment of a receiver for Tax Increment Revenues. 9.2 The Owners of fifty-one percent (51%) or more of the principal amount of Senior Lien Borrowings then Outstanding may waive any Event of Default and its consequences, except an Event of Default described in Section 9.1(A). 9.3 If an Event of Default occurs, any Owner may exercise any remedy available at law or in equity including mandamus where applicable. However, the Senior Lien Borrowings shall not be subject to acceleration. 9.4 No remedy by the terms of this Master Declaration conferred upon or reserved to the Owners is intended to be exclusive of any other remedy,but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Master Borrowing Declaration or existing at law or in equity or by statute on or after the date of adoption of this Master Borrowing Declaration. Page 14—Master Borrowing Declaration 3592030.5 045228 RSIND Section 10. Ownership of Senior Lien Borrowings. 10.1 For purposes of determining the percentage of Owners consenting to, waiving or otherwise acting with respect to any matter that may arise under this Master Borrowing Declaration: (A) the initial purchaser of a Series of Senior Lien Borrowings may be treated as the Owner of that Series at the time that Series is delivered in exchange for payment; and, (B) the issuer of a municipal bond insurance policy which insures payment of all principal and interest due on one or more Series of Senior Lien Borrowings may be treated as the Owner of all Senior Lien Borrowings insured by that policy. Section 11. Defeasance. The Agency shall be obligated to pay any Senior Lien Borrowings which are defeased in accordance with this Section 11 solely from the cash and Government Obligations which are deposited in escrow pursuant to this Section 11. Senior Lien Borrowings shall be deemed defeased if the Agency: 11.1 irrevocably deposits money or noncallable Government Obligations in escrow with an independent trustee or escrow agent which are calculated to be sufficient without reinvestment for the payment of the Senior Lien Borrowings which are to be defeased; and, 11.2 files with the escrow agent or trustee an opinion from a Qualified Consultant to the effect that the money and the principal and interest to be received from the Government Obligations are calculated to be sufficient, without further reinvestment, to pay the defeased Senior Lien Borrowings when due. Section 12. Rules of Construction. In determining the meaning of provisions of this Master Borrowing Declaration, the following rules shall apply unless the context clearly requires application of a different meaning: 12.1 References to section numbers shall be construed as references to sections of this Master Borrowing Declaration. 12.2 References to one gender shall include all genders. 12.3 References to the singular include the plural, and references to the plural include the singular. Section 13. The Initial Bond as Parity Senior Lien Indebtedness. 13.1 The Initial Bond is the first Senior Lien Borrowing issued under this Master Borrowing Declaration, and the tests for Parity Senior Lien Indebtedness under Section 5 of this Master Borrowing Declaration do not apply to issuance of the Initial Bond. Page 15 —Master Borrowing Declaration 3592030.5 045228 RSIND Section 14. The Initial Bond. 14.1 Security. The Agency shall issue the Initial Bond pursuant to the Resolution and this Master Borrowing Declaration. The Initial Bond shall be Parity Senior Lien Indebtedness. The Initial Bond is secured by the First Reserve Subaccount. 14.2 Payment Dates and Interest Rate. (A) The Initial Bond shall be issued in the principal amount of$[Principal], shall be dated , 20 and shall bear interest at a rate of[ ] percent ([_]%) computed on a 30/360 basis. Interest on the Initial Bond shall be payable semiannually on [June 1 and December 1], commencing [December 1, 20 ] and principal shall be payable annually on [June 1] as provided in the table below: Date Principal ($) (B) All principal of the Initial Bond, plus accrued interest, shall be paid no later than [ , 20 1. (C) Any payment by the Agency to the Initial Bond Lender shall be applied first to pay accrued interest, and second to pay Initial Bond principal. 14.3 [Prepayment. (A) The Initial Bond may be prepaid in whole or in part on any Business Day, without penalty upon 30 days' prior written notice to the Initial Bond Lender. (B) Prepayments by the Agency to the Initial Bond Lender shall be applied first, to pay accrued interest on the principal amount that is prepaid, and second to reduce the outstanding principal balance. (C) The Initial Bond Lender will apply the prepayments to the final payments. The Initial Bond Lender will provide the updated payment schedule promptly to the Agency.] 14.4 Event of Default. If an Event of Default occurs while the Initial Bond is Outstanding, the Initial Bond Lender may exercise any remedy available at law or in equity and as set forth in this Master Borrowing Declaration. However, the Initial Bond shall not be subject to acceleration. Page 16—Master Borrowing Declaration 3592030.5 045228 RSIND 14.5 Form of Initial Bond. The Initial Bond shall be in substantially the form attached hereto as Appendix A, with such changes as may be approved by the Agency Official. 14.6 Agreements between the Agency and the Initial Bond Lender. (A) If either party incurs any expenses in connection with enforcing the Initial Bond, or if the Initial Bond Lender takes collection action under Initial Bond,the losing party shall pay to the prevailing party, on demand, the prevailing party's reasonable costs and reasonable attorneys' fees, whether at trial, on appeal or otherwise, including any allocated costs of in-house counsel. (B) Other Fees and Costs. The Agency shall pay the fees and costs of legal counsel, and any other expenses and costs that the Agency incurs in connection with the Initial Bond. The Agency shall also pay the Initial Bond Lender a fee of$[ ] promptly at closing. The Initial Bond Lender shall pay all out-of-pocket expenses of the Initial Bond Lender and Initial Bond Lender's counsel, including travel and other expenses. 14.7 Representations of the Agency to the Initial Bond Lender so long as amounts are Outstanding under the Initial Bond. (A) The Agency shall make its audited financial statements available on the Agency's or the City's website or the Electronic Municipal Market Access system ("EMMA") within 270 days after the end of each Fiscal Year. If not otherwise available publicly on the Agency's or the City's website or EMMA,the Agency shall provide the Initial Bond Lender its audited financial statements within 270 days after the end of each Fiscal Year. However, if the Agency's audited financial statements are not available within 270 days after the end of a Fiscal Year, the Agency shall file its unaudited financial statements for that Fiscal Year with the Initial Bond Lender not later than 270 days after the end of that Fiscal Year, and shall make the audited financial statements for that Fiscal Year available on the Agency's or the City's website or EMMA or provide them to the Initial Bond Lender promptly after the audited financial statements become available (B) The Agency is duly created and existing under the laws of the State of Oregon, has all necessary power and authority to enter into this Master Borrowing Declaration and perform its duties under this Master Borrowing Declaration. (C) The adoption of the Resolution,the execution of this Master Borrowing Declaration and the performance of the Agency's obligations under this Master Borrowing Declaration do not conflict in any material respect with, or constitute a material breach of or default under, any law, court decree, administrative regulation, resolution or other agreement to which the Agency is a party or by which it is bound. (D) There is no action, suit,proceeding or investigation at law or in equity before or by any court or governmental agency having jurisdiction over the Agency that is pending or, to the best of the knowledge of the Agency, is threatened against the Agency to restrain or enjoin the execution of this Master Borrowing Declaration, the adoption of the Resolution, or the collection and application of the funds as contemplated by the Resolution and this Master Borrowing Declaration, or any other action, that, if such Page 17—Master Borrowing Declaration 3592030.5 045228 RSIND matter were adversely decided against the Agency would, in the reasonable judgment of the Agency, have a material and adverse effect on the ability of the Agency to pay the amounts due under this Master Borrowing Declaration. (E) The Agency hereby certifies, recites and declares that all things, conditions and acts required by the Constitution and Statutes of the State of Oregon and by this Master Borrowing Declaration to exist, to have happened and to have been performed precedent to and in the execution and the delivery of this Master Borrowing Declaration and the Initial Bond and all related documents, do exist, have happened and have been performed in due time, form and manner, as required by law, and that this Master Borrowing Declaration and the Initial Bond are valid and binding special obligations of the Agency that are enforceable against the Agency in accordance with their terms, except to the extent that enforceability may be limited by(i)bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other laws affecting creditors' rights generally; (ii) the application of equitable principles and the exercise of judicial discretion in appropriate cases; (iii) common law and statutes affecting the enforceability of contractual obligations generally; and (iv)principles of public policy concerning, affecting or limiting the enforcement of rights or remedies against governmental entities such as the Agency. 14.8 Disclosure; Assignment. (A) No official statement or other disclosure document has been prepared in connection with the Initial Bond and the Agency has no obligation in connection with the Initial Bond to provide any disclosure regarding operating information or material events to the Municipal Securities Rulemaking Board or any dissemination agent. The Agency is obligated to provide information to the Initial Bond Lender in connection with the Initial Bond only as specifically stated in Section 14.7 hereof. (B) The Initial Bond Lender may not transfer or assign its rights and obligations under the Initial Bond unless the transferee delivers to the Agency an investor letter in substantially the form of the qualified investor letter delivered by the Initial Bond Lender on the closing date of the Initial Bond and the transferee is either(i) a successor in interest of the Initial Bond Lender by means of a corporate merger, an exchange of stock, or a sale of assets, (ii) a"Bank" as that term is defined in Section 3 (a)(2) of the Securities Act of 1933, or(iii) to an affiliate of the Initial Bond Lender. (C) The Agency may not assign its rights and obligations under the Initial Bond without the prior written consent of the Initial Bond Lender, which may be withheld in the Initial Bond Lender's sole discretion. This Master Borrowing Declaration may be executed in several counterparts, which together shall constitute one and the same instrument. [The remainder of this page is left blank intentionally.] Page 18 —Master Borrowing Declaration 3592030.5 045228 RSIND Dated as of the day of _, 20_. Town Center Development Agency, Oregon By: Steve Rymer, Executive Director Acknowledging and agreeing to the provisions in Section 14. [Lender] By: [Authorized Officer] Signature Page—Master Borrowing Declaration 3592030.5 045228 RSIND w n Appendix A No.R-1 $[Principal] United States of America Town Center Development Agency Washington County State of Oregon Urban Renewal and Redevelopment Bond(Tigard Triangle Urban Renewal Area) Series 20 The Town Center Development Agency,Oregon(the"Agency"),for value received,acknowledges itself indebted and hereby promises to pay,but solely from the Tax Increment Revenues and amounts described in the Master Borrowing Declaration dated ,20 (the"Master Borrowing Declaration"),to [Lender] (the "Initial Bond Lender"),the aggregate principal amount of$[Principal]in the installments described in Section[14.2] of the Master Borrowing Declaration. Interest is payable semiannually on[June 1 and December 1]commencing[December 1,2021],at the rate described in Section[14.2]of the Master Borrowing Declaration and shall be computed on the basis of a 360-day year of twelve 30-day months. This Initial Bond is issued pursuant to Agency Resolution No. ,which was adopted on 20 ,and the Master Borrowing Declaration(collectively,the"Resolution"). Capitalized terms used in this Initial Bond have the meanings defined for such terms in the Resolution. This Initial Bond is issued by the Agency for the purpose of financing the costs of urban renewal projects within the Tigard Triangle Urban Renewal Area(the"Area"),which will be located in the Area in full and strict accordance and compliance with all of the provisions of the Constitution and statutes of the State of Oregon. This Initial Bond is a special obligation of the Agency,payable solely from the Security as defined and provided in the Resolution. The Initial Bond is Parity Senior Lien Indebtedness under the Resolution. The Initial Bond is secured by the First Reserve Subaccount. The Agency has reserved the right to issue obligations on a parity lien with the Initial Bond in the future,as provided in the Resolution. The Agency also has the right to issue obligations which have a subordinate lien on the Tax Increment Revenues. THIS INITIAL BOND IS NOT A GENERAL OBLIGATION OF THE AGENCY OR THE CITY OF TIGARD,OREGON AND IS PAYABLE SOLELY FROM THE SECURITY AS PROVIDED IN THE RESOLUTION. This Initial Bond may be prepaid in whole or in part on any Business Day,without penalty,upon 30 days' prior written notice to the Initial Bond Lender. This Initial Bond may only be transferred as permitted by the Resolution.Any transfer of this Initial Bond must be registered with the Agency and the Agency may treat the person in whose name this Initial Bond is registered as its absolute owner for all purposes. The Owner may exchange or transfer any Initial Bond only by surrendering it,together with a written instrument of exchange or transfer which is satisfactory to the Agency and duly executed by the Owner or his or her duly authorized attorney. IT IS HEREBY CERTIFIED,RECITED.AND DECLARED that all conditions,acts,and things required to exist,to happen,and to be performed precedent to and in the issuance of this Initial Bond have existed.have happened.and have been performed in due time,form,and manner as required by the Constitution and statutes of the State of Oregon:and that the issue of which this Initial Bond is a part.and all other obligations of the Agency, are within every debt Limitation and other Limit prescribed by such Constitution and statutes. Page 1 -Form of Bond (Appendix A to Bond Declaration) Y V n. n IN WITNESS WHEREOF,the Agency has caused this Initial Bond to be signed by the manual signature of the[ of the City of Tigard,Oregon],as Agency Official under the Resolution,as of the day of ,20 Town Center Development Agency,Oregon Steve Rymer,Executive Director Page 2-Form of Bond(Appendix A to Bond Declaration) u AIS-4716 6. Business Meeting Meeting Date: 09/14/2021 Length (in minutes): 30 Minutes Agenda Title: Receive Update on Homelessness Assessment Team and County Partnership Prepared For: Halsted Bernard,library Submitted By: Carol Krager, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The City Council will receive an update about three items related to homelessness in Tigard.Those items include a report out on the assessment team's efforts; an update on next steps for the Washington County encampments pilot project; and any homelessness-related feedback received via the ARPA funding outreach to businesses. STAFF RECOMMENDATION/ACTION REQUEST 1.Receive update on three topics listed above 2.Provide input on information presented KEY FACTS AND INFORMATION SUMMARY At the August 24th City Council meeting,Director Bernard and Chief McAlpine, co-leads on the council goal of the Tigard homelessness response,introduced the idea of the Homelessness Assessment Team.This team, comprised of police officers and other City teammates conducted high visible presence while visitng Tigard businesses,making contact with business owners, employees and any unhoused individuals in the area to understand the impacts, address any issues immediately(welfare checks,water, offer resources) and to development recommendations to the Council. Council requested that City teammates return on September 1*with an update and recommendations from the assessment team,which Commander Rogers will provide. Additionally, on September 2nd, Chief McAlpine attended a meeting with Washington County to receive an update on their encampments pilot project, of which Tigard is a partner for the next twelve months. Chief McAlpine will present the update. Finally,if we receive any homelessness-related feedback via the ARPA funding outreach to businesses collected in early September, Chief McAlpine will present that as well. OTHER ALTERNATIVES We can continue to explore additional partnerships,leverage opportunities, and identify best practices. The systemic problem of homelessness touches everyone's lives and we must respond with purpose,clarity, and empathy. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan Vision:Tigard: an equitable community that is walkable, healthy, and accessible for everyone. SP Goal 1, Objective 1.2: Embrace data-informed decision-making to solve problems,pursue opportunities for improvement and develop innovative solutions for equitable outcomes. SP Goal 1, Objective 1.4: Enhance community awareness and engagement with City activities and services. SP Goal 3, Objective 3.4: Proactively intervene as necessary to meet the housing needs of all community members. 2021-2023 City Council Goals, Goal 1: Implement an actionable,person-centric, and regional response to homelessness. DATES OF PREVIOUS COUNCIL CONSIDERATION 9/20/2016—Discussion on the City's role in addressing homelessness. 11/22/2016—Continued discussion from 9/20/16. 4/25/2017—Task Force for the Homeless approved. 12/19/2017—Receive recommendations from Task Force for the Homeless. 4/20/2021 —Update to Council about the recent actions the city has taken to address homelessness. 4/27/2021 —Adoption of Council Goals,including GOAL 1: Implement an actionable,person-centric,and regional response to homelessness. 8/10/2021 —Receive briefing on the Washington County Encampment Pilot Program. 8/24/2021 —Receive update on homelessness response. 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Business Meeting Meeting Date: 09/14/2021 Length (in minutes):30 Minutes Agenda Title: Receive Update on American Rescue Plan Act (ARPA) -Business Support Prepared For: Steve Rymer, City Management Submitted By: Nicole Hendrix, City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE The Tigard team is developing an investment strategy to identify long-lasting and impactful ways to support community members and businesses with American Rescue Plan Act (ARPA) funding. ARPA's State and Local Fiscal Recovery Fund provides flexible funds to governments to meet local needs for COVID-19 recovery, of which Tigard will receive $7,499,726. This agenda item is a continuation of the August 10 and 24,2021 council meetings. City teammates will provide information on the current business support needs in the Tigard community and recommendations for investments based on those identified needs. Tigard's planning efforts will be iterative,involve an incremental roll out of investments, and continued input from City Council and community.The team is also working to maximize funding opportunities by coordinating with partners and pursuing additional ARPA-funded programs. STAFF RECOMMENDATION /ACTION REQUEST Recommendations will be developed based on results of the COVID-19 business needs assessment/survey currently being shared with Tigard's business community. Summary data and business assistance recommendations will be presented for Council consideration at the September 14 council meeting. KEY FACTS AND INFORMATION SUMMARY At the August 24, 2021 city council meeting, Council asked city teammates to assess current needs within the Tigard business community and return with a recommendation on September 14,2021. Given the quick outreach timeline, the team created a digital survey to gather input from Tigard based businesses regarding COVID-19's impact on business operations and the future plans of businesses.Team members also leveraged this outreach opportunity to inquire about concerns businesses may have outside of direct COVID-19 impacts. Digital surveys are a useful way to quickly gather input from a wide range of businesses. The six-question COVID-19 business needs survey asked the following questions to help staff and Council better understand the challenges businesses are facing: 1.Tell us your most immediate short-term (in the next six months) business needs resulting from COVID-19? 2.Tell us your anticipated long-term business needs resulting from COVID-19;where do you see your business in 2-5 years and what do you need to get there? 3.What business assistance from the City of Tigard would be most beneficial to you right now? •Technical assistance (business advising/coaching) •Employee staffing/hiring/ retention assistance •Financial assistance •Other (please specify) •I don't need any assistance at this time 4.Do you have any other concerns for your business not related to the COVID-19 pandemic? (for example, safety,lighting, etc.) 5.The City of Tigard sends regular updates to entrepreneurs about business support programs and initiatives and your response will help us make sure you know about these opportunities. How do you prefer to receive communications from the City? (email,phone,mail,personal visits) 6.Would you like a follow up call with the city's business support team to discuss business support programs or any other business issues? The following outreach methods were used to widely circulate the survey,gather business input and ensure as many Tigard businesses as possible had an opportunity to participate in the survey: •Postal mail notification sent to 2,531 registered Tigard businesses. •In-person visits by five team members to businesses around Tigard,including in Downtown Tigard, Washington Square,Lincoln Tower,Tigard Triangle, 99W corridor and 72nd avenue corridor. •SMS text message notification sent to 1,151 businesses with mobile numbers on file. •Business Update e-newsletter emailed to 2,312 subscribers. •Cityscape e-newsletter emailed to 30,872 subscribers. •Follow up direct email campaign sent to businesses. •Email notification to Tigard Chamber of Commerce,Tigard Downtown Alliance,Westside Economic Alliance and Committee for Community Engagement to share the survey with their Tigard based business contacts. •Email notifying large commercial property managers to circulate survey to their Tigard based commercial tenants: PacTrust, Shorenstein (Lincoln Tower),Macerich (Washington Square). •Email notifying local media outlets: Tigard Times and Tigard Life. •Social media marketing via city channels (Facebook,Instagram,Twitter,etc.) Survey responses will be collected through September 6th. Summary data and recommendations based on business input will be presented to Council at the September 14th council meeting. OTHER ALTERNATIVES Council may provide additional recommendations for staff and/or programmatic direction to support COVID-19 recovery and use of ARPA funds to support Tigard's business community. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard's strategy for investing ARPA funds is guided by federal rules and established principles that advance council goals, the 5 E's and the citywide strategic plan. City of Tigard's ARPA Guiding Principles: 1. Prioritize fiscal stability to sustain city services. 2. Pursue intentional,impactful, and immediate community projects. 3.Avoid establishing new programs where ongoing funding sources are not identified. 4.Maintain clear records of spending and document success. Share our story. 5.Advance Council Goals of Homelessness, COVID-19 Response, Community Resiliency Plan,and Parks & Recreation. 6.Advance City Imperatives of Improving Systems,Implementing the Strategic Plan,Anti-Racism, and COVID-19 Response. DATES OF PREVIOUS COUNCIL CONSIDERATION 08/24/2021 -American Rescue Plan Act (ARPA) Funding Recommendations 08/10/2021 -Receive Update on American Rescue Plan Act (ARPA) 05/03/2021 -Budget Committee Attachments No file(s)attached. AgendaQuick©2005-2021 Destiny Software Inc.,All Rights Reserved SUPPLEMENTAL PACKET FORS-e 0q_____ --a-62=1 City of Tigard (DATE OF MEETING) Memorandum /4 9{ '' ' /fcwt A"°-1111 II 7 TIGARD TO: Tigard City Council CC: Steve Rymer,Kenny Asher,Nicole Hendrix,Lloyd Purdy FM: Dylan Dekay-Bemis,Economic Development Coordinator RE: American Rescue Plan Act(ARPA) -Business Support DT: September 8, 2021 At the August 24, 2021 City Council meeting, Council asked city teammates to assess current needs within the Tigard business community and return on September 14th with a recommendation for use of ARPA funds. Business Engagement A cross departmental city team created a digital Covid-19 Business Needs Survey to quickly gather input from Tigard-based businesses regarding Covid-19's impact on business operations,the future plans of businesses and concerns businesses may have outside of direct Covid-19 impacts. Staff used a variety of outreach methods to widely circulate the survey,gather business input and ensure as many Tigard businesses as possible had an opportunity to participate in the survey. Outreach included: • Postal mail notification to 2,531 Tigard businesses. • In-person visits by five team members to 138 businesses around Tigard,including in Downtown Tigard,Washington Square,Lincoln Tower, 99W corridor and 72'avenue corridor. • SMS text message notification sent to 1,112 businesses with mobile numbers on file. • Business Update e-newsletter emailed to 2,312 subscribers. • Cityscape e-newsletter emailed to 30,872 subscribers. • Follow up email sent to 2,200 businesses. • Email notification to Tigard Chamber of Commerce,Tigard Downtown Alliance,Westside Economic Alliance and Committee for Community Engagement to share the survey with Tigard based business contacts. • Email notifying large commercial property managers to circulate survey to their Tigard based commercial tenants: PacTrust, Shorenstein (Lincoln Tower),Macerich (Washington Square). • Email notifying local media outlets:Tigard Times and Tigard Life. • Social media marketing via city channels (Facebook,Instagram,Twitter, etc.). Survey Summary In total, 95 survey responses were submitted by businesses.A summary,including the top 4 responses to each question,is outlined below: Question 1: Tell us your most immediate short-term (in the next six months) business needs resulting from COVID-19. (Short answer opportunity. Responses have been grouped by theme.) 1. Cash flow: 24 responses 2. Staffing: 16 responses 3. Easing of Covid-19 safety regulations / return to pre-Covid operations: 13 responses 4. None: 9 responses 1 of 3 Question 2:Tell us your anticipated long-term business needs resulting from COVID-19; where do you see your business in 2-5 years and what do you need to get there? . (Short answer opportunity. Responses have been grouped by theme.) 1. Cash flow: 29 responses 2. None: 16 responses 3. Easing of Covid-19 safety regulations / return to pre-Covid operations: 10 responses 4. Staffing: 7 responses Question 3:What business assistance from the City of Tigard would be most beneficial to you right now? 1. Financial assistance: 36 responses 2. I don't need any assistance at this time: 29 responses 3. Employee staffing/ hiring/ retention assistance: 17 responses 4. Other (please specify): 11 responses Question 4: Do you have any other concerns for your business not related to the COVID-19 pandemic? (for example, safety,lighting, etc.) (Short answer opportunity. Responses have been grouped by theme.) 1. None: 50 responses 2. Crime/safety/theft: 12 responses 3. Concerns related to unhoused population: 10 responses 4. Rent increases: 3 responses Question 5: The City of Tigard sends regular updates to entrepreneurs about business support programs and initiatives and your response will help us make sure you know about these opportunities. How do you prefer to receive communications from the City? 1. Email: 84 responses 2. Mail: 7 responses 3. Text: 3 responses Despite a robust outreach campaign to gather feedback about Covid-19 business needs and impacts, the city received survey responses from just 95 Tigard businesses (less than 4% of the city's approximately 2,500 registered businesses).This low response rate indicates there is no acute, immediate need among most Tigard businesses,like the city saw in 2020. The economic outlook in the city and the region continues to improve following the easing of Covid-19 safety restrictions, increasing vaccination rates and reductions to state unemployment compensation. Current Business Support The City's economic development team will continue gathering business input via the following methods as Covid-19 recovery continues: 1. Direct outreach to survey respondents to gather further input and connect business owners to existing recovery resources. 2. Monthly meeting with newly registered Tigard businesses and economic development staff, and subsequent"New Business Owner" survey to assess needs of businesses starting up during Covid-19. 3. Input from business owners gathered during monthly business education webinars. 4. Engagement of businesses through the Business Update e-newsletter. 2 of 3 The City will continue to support Tigard's businesses via the following programs and initiatives: 1. Tigard CARES emergency assistance program to help businesses impacted by Covid- 19. $4.2 million in total business assistance disbursed to date via grants and loans. 2. Tigard AID financial assistance for city fees and charges during the pandemic. 3. RAFT Round 3 - Childcare Business Support Program 4. Tigard Outside expansion of allowed outdoor business activities to accommodate Covid-19 safety protocols. 5. Business License Fee Waiver one-time,one-year business license fee waiver for new business owners who complete a business-focused training. 6. Business Support Scholarship a reimbursement to cover up to 50 percent of the cost of advising services, training, and course work for business owners. 7. Advance Tigard a career advancement program to help Tigard employers skill up and retain employees who are Tigard residents. 8. Los Empresarios de Tigard program to support Tigard's Latinx entrepreneurs. 9. Business Update e-newsletter providing timely updates on local, state and federal business support resources and programs. 10. Monthly business education webinar series to provide entrepreneurs with the tools to run a thriving business. 11. Support of entrepreneurs impacted by COVID-19 through the Opportunity Café and Launch Pod business incubators. Financial Assistance The City's economic development team will follow up with each business owner who expressed a need for assistance with finances/capital or staffing. Businesses that need financial assistance will be referred to the 40/60 forgivable loan program the City created with MESO in 2020. This program provides loans to businesses with a partial reduction of principle every year for four years if an owner completes business focused training programs with MESO. Employment/Staffing Support The City's economic development team is also currently working on two more initiatives to address the staffing issues highlighted by survey respondents: a one-day Drive-Thru Hiring Event in Tigard on September 15 in collaboration with WorkSource Oregon,where local businesses can connect with potential employees; and an educational webinar in collaboration with WorkSource Oregon to teach local employers recruitment and hiring strategies. Recommendations Staff recommend continuing current business support programming while monitoring business conditions as Covid-19 economic recovery evolves.The economic development team is prepared to return to Council quickly if the economic situation worsens or additional input reveals an opportunity to assist businesses with recovery. 3 of 3 nm oO C CT D m n 2 N 3 73 ry rD in �.' 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