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City Council Minutes - 03/02/2021 City of Tigard City Council Business Meeting Minutes March 2, 2021 1. BUSINESS MEETING A. At 6:31 p.m. Mayor Snider called the City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ 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: Two comments were submitted for Agenda Item 5 and will be noted during the public hearing. B. Public Comment—Phone-In: Mayor Snider announced the phone-in line is 503-966-4101 and the public can call now with general comments. Callers for Agenda Items 5 and 6 should call in at the beginning of those public hearings. C. Follow-up to Previous Public Comment—None. 3. CONSENT AGENDA: A. CONSIDER RESOLUTION 21-08-A RESOLUTION APPROVING TUALATIN VALLEY FIRE&RESCUE FIRE CODE ORDINANCE 20-01 TIGARD CITY COUNCIL MEETING MINUTES — March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 9 I Council President Lueb made a motion to approve the Consent Agenda. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ 4. INTRODUCTION TO METRO COUNCILOR ROSENTHAL Metro Councilor Rosenthal attended the meeting to meet the Council and ask about any concerns they have. He said there are seven cities in Metro District 3,and he wants to represent all interests and do what he can to make Metro a servant of the local jurisdictions to the extent possible. He asked for any questions or comments about Metro. Mayor Snider noted he shared a frustration with Councilor Rosenthal previously about not getting a reply from Metro and within 12 hours he received one. He thanked him for his assistance. He asked Council members to introduce themselves and mention their interests and concerns. Council introduced themselves and identified some priorities: • Smart growth • Transportation infrastructure and transit support to reach new developments • SW Corridor—What is next for this project? • Affordable housing opportunities—how will the policies work for Tigard? • Highway 99W congestion • River Terrace expansion • Alternative and electric (green) transportation • Parks—Green spaces are even more valuable to residents as areas become denser • Ensure future Metro tax measures involve both citizen and business coalitions Councilor Rosenthal acknowledged the importance of efforts to move forward on transportation to get people from the proposed areas in River Terrace and King City to where they need to go. He said Highway 99W needs a lot of work. Regarding the Affordable Housing measure,he said Metro is on track to build one and one-half times more affordable housing units than originally planned with the bond measure. Supportive services will need to be supplied by local governments and agencies. Mayor Snider said he wanted to impart how important it is from the city's perspective that when regional measures get passed, each jurisdiction receives services in some form in or around their communities. He noted there are a number of communities in southeast Washington County, far TIGARD CITY COUNCIL MEETING MINUTES —March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 2 of 9 from Hillsboro,needing services. Resources Tigard citizens vote for need to make it to places where our community members can access them. Councilor Rosenthal asked if there were any solid waste questions or interest in more reliable household hazardous waste disposal or more frequent Styrofoam collection. Mayor Snider asked about the cost. Councilor Rosenthal was unsure of the cost but had heard from Beaverton that this has been an issue since Far West Recycling left the area.Mayor Snider said more frequent access is desirable,but it would need to be weighed against the cost. Councilor Goodhouse mentioned the Agilyx company in Tigard and said they are seeking a process where haulers could collect polystyrene waste and packing materials and drop them off at the Agilyx plant for processing. Metro Councilor Rosenthal commented that he would be interested in a tour of the Agilyx facility. Council President Lueb said residents are interested in composting services,but the haulers need a reliable place to accept it. Mayor Snider thanked Metro Councilor Rosenthal for coming to the meeting. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 5.24 RELATED TO TRANSPORTATION NETWORK COMPANY (TNC) POLICY A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and should call in to get in the queue now by calling 503-966-4101. C. Senior Transportation Planner Roth gave the staff report and a slide presentation proposing a new Tigard Municipal Code Chapter 5.24 with policies related to Transportation Network Companies (TNCs). He thanked stakeholders including Anna Richter Taylor,Sam Cho, Tigard City Attorney Shelby Rihala, and Mark Williams and Eric Hesse from the Portland Bureau of Transportation. He gave policy context and said several Strategic Plan actions support the proposed regulations and policies.A TNC is a ride-hailing company (also known as a transportation network company) that matches passengers with drivers of vehicles for hire using smartphone apps. Usually the vehicles are owned by the drivers.The most common TNCs are Uber and Lyft. Unlike taxis,TNC rides cannot be hailed from the street. He said several actions in the city's Strategic Plan are supported by these policies and regulations. Mr. Roth said cities set standards to make sure the TNCs are operating safely,fairly and are accessible. The cities of Eugene, Springfield,Ashland,Medford, Gresham and Portland already have regulations and fees for TNCs. Portland's Bureau of Transportation has regulated TNCs since 2014. Under the program the city collects 50 cents from every ride to pay for programs such as vehicle inspections, driver background checks, driver education and training and to support the PDXWAV accessible ride program.They require specific insurance,have zero tolerance for drug and alcohol,require an app on their phone for TIGARD CITY COUNCIL MEETING MINUTES — March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 3 of 9 a ride that accommodates wheelchairs and background reviews on every driver. Between 2014 and 2019 PBOT inspectors suspended or revoked 168 Uber or Lyft drivers for things the companies failed to identify during background checks. Through participating in the PBOT program,the city would receive safe drivers operating in Tigard, safe vehicles and equitable access. Tigard would receive criminal background checks and driving history reviews of Uber and Lyft drivers.A driver would not be permitted to operate here if they have a violent felony conviction, sex offense or recent traffic crime convictions,including driving under the influence of drugs or alcohol or leaving the scene of a traffic injury. The vehicles must display company logos,pass ASE safety inspections and have properly functioning horns,lights and signals. The policy ensures equity by requiring drivers to accept requests from any location within the city, including requests from persons using wheelchairs. There is zero tolerance for discrimination. Tigard's engineers, transportation planners and policy makers will have access to data on the number and location of trips in Tigard,which will give a more complete understanding of TNC impacts on the transportation system. Senior Transportation Planner Roth said a partnership with PBOT would leverage Portland's existing rules and regulatory approach. Benefits include the ability to enact with minimum time and resources on Tigard's side and create a seamless system with one regional point of contact for drivers. TNC companies will interface directly with PBOT who will manage the administration of the policy. Every trip originating in Tigard is subject to a 50-cent fee. PBOT would retain a small percentage to support administration and management of the program and Tigard would use the remaining funds to support city functions that are impacted by TNC use of roads and rights of way. If approved,Tigard would enter into an IGA with PBOT. Council President Lueb asked if the revenue would go into an existing fund or its own fund and how it would be tracked. Senior Transportation Planner Roth suggested a separate fund would be best. In response to a question from Council President Lueb on revenue estimates he said at present they are unable to see or know the number of trips,but they think it is modest and during COVID conditions,use has dropped overall. Use would start out to be modest but it may grow. Councilor Shaw asked when the ordinance would be implemented and Senior Transportation Planner Roth said it would be 30 days after the ordinance is adopted. Mayor Snider verified that Councilor Shaw did not have a conflict of interest and could participate in the vote. D. Public Testimony—Mayor Snider said two written comments were received by 4:30 p.m. today. One email came from Anna Richter-Taylor and the other was from Sam Cho. Phone caller No. 1: Sam Cho,Public Policy Manager of Lyft's Pacific NW Region, thanked Senior Planner Roth for taking the time to listen to their comments and they hoped to see TIGARD CITY COUNCIL MEETING MINUTES —March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 4 of 9 some suggested improvements in the ordinance. He said they believe the version Tigard Council is considering is better than what other cities have. He noted that their data indicates that the 50-cent fee will create excess funds, even after paying 15 percent to PBOT. He offered two recommendations for surplus funds: In June 2020 Lyft committed to convert to electric vehicles by year 2030 but one of the greatest challenges is the lack of EV charging infrastructure. He suggested any excess funds be used for charging stations. If Tigard did this, they would be the first city in the greater Portland area and would set a precedent for the entire region. He added that Lyft is committed to providing diverse, equitable and inclusive transportation options and one challenge is providing wheelchair accessible vehicles.Lyft is supportive of language to add wheelchair accessible programs. Council President Lueb noted that in Mr. Cho's email he said data collection processes were not appropriate for the data sharing requirements. Mr. Cho replied that it is not just a number (data per trip) but the driver's personally identifiable information. Anna Richter Taylor,representing Uber in the Portland area,called in and commented that city staff were accessible and amenable to some initial concerns. She mentioned some issues of concern. She hoped that by entering into a data sharing agreement that it does not put additional risk regarding safety identification for riders or drivers. She clarified to Tigard residents that they should know there have not been any unregulated rides happening;all have been registered through Portland's process. Mayor Snider asked about Ms. Richter-Taylor's comment about no trips from unregulated drivers and said there are sometimes needs to transport someone to and from a medical location. He used an example of a driver from Wenatchee who delivers a medical patient to Tigard and asked if they could not then take a rider from Tigard to Wenatchee because they would not be approved by PBOT. She responded that she is a contractor with Uber and would have to get clarification on that scenario from them. She said her original point was that rides originating in Tigard would only have drivers who have gone through the PBOT regulatory process. Mr. Cho returned into the phone call queue,but he clarified he was just making sure there were no further questions for him. He had no additional testimony. E. Response to testimony by staff. Senior Transportation Planner Roth thanked Mr. Cho and Ms. Richter-Taylor for testifying. Regarding Mr. Cho's comments,he said staff incorporated many of the requests from Uber and Lyft into the policy. Staff responded to a request from Lyft to add language pursuant to an applicable data sharing agreement and if adopted,Tigard will set up a third-party agreement between PBOT and each company to make sure sensitive data is kept safely without risk. He added that while Tigard may not have the full capability to maximize use of the data at this point,it could be valuable for future transportation planning efforts. He referred to the remark that the fee was excessive for what is needed for administration,and TIGARD CITY COUNCIL MEETING MINUTES —March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 9 said the fee was consistent with others in the region and in some cases less, as with the $2.00 Port of Portland fee. Finance Director LaFrance clarified an earlier statement made by Senior Transportation Planner Roth and said until it is known how significant the generated revenue will be,it does not yet justify having its own fund. Since it will be used for public safety,traffic engineering,capital improvements,planning and code enforcement,it can be tracked as a separate revenue account within the General Fund and Gas Tax Fund. This honors the code as it is written by tracking it as a separate revenue account within an existing fund. Mayor Snider closed the public hearing. Councilor Shaw asked if there was a dollar amount that would justify a separate fund. Finance Director LaFrance said while there is no formal policy,he would like to see at least six digits annually before considering a new fund. Councilor Newton clarified with Senior Transportation Planner Roth that the 50-cent fee is driven by consistency and not what staff thinks it will cost to administer the program. G. Council consideration of Ordinance No. 21- 07. Councilor Shaw said she appreciated that TNCs are available,especially for those not living near transit,and added that public safety and traffic management are important. She recognized that Lyft and Uber have worked closely with staff and it ended with a compromise, and it gets the city closer to green transportation and greenhouse gas reduction. Council President Lueb said she approved of the suggested changes. Youth Councilor Calderon said he was supportive of electric vehicle infrastructure. Councilor Shaw moved to approve Ordinance No. 21-07 with the changes to TMC 5.24 highlighted in the email. Council President Lueb seconded the motion. There was no further discussion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 21-07—AN ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 5.24 RELATED TO TRANSPORTATION NETWORK COMPANY (TNC) POLICY Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 21-07 was adopted unanimously. TIGARD CITY COUNCIL MEETING MINUTES — March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 6 of 9 6. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ALLOWING PAYMENT PLANS OF LONGER THAN ONE YEAR FOR TIGARD UTILITY CUSTOMERS DURING THE COVID- 19 EMERGENCY A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Finance and Information Services Director LaFrance gave the staff report. He said over the past year,in embracing the City's Strategic Plan Priority No. 1 —Set the standard for excellence in public service and customer experience,Tigard has been providing help for utility customers,both businesses and residents, through the Tigard Aid program. Under Resolution 20-50 which passed in October 2020,no services were disconnected, and no late payment charges would be billed until April 1,2021 when utility billing will resume turning off utilities for non-payment. Per the communications plan,utility billing staff will start calling customers to work out payment arrangements four weeks prior to their shut-off date, starting on March 8. Staff realized that of the 550 customers currently 60 days past due (3% of the total customer base),22 % owe over$1,000.Being past due over a twelve-month period would effectively double their monthly utility payment and this may not lead to successful outcomes. Currently,the Tigard Municipal Code limits the duration of any payment plan to one year. The proposed ordinance temporarily delegates authority to the city's Finance Director or designee,to extend payment plans in excess of one year. The ordinance will end six months after the last COVID-19 emergency declaration expires. Director LaFrance said staff will be contacting customers that are late on their utility bills and let them know about aid programs and the changes from the ordinance,if approved. Councilor Goodhouse asked why someone wouldn't qualify for aid and Director LaFrance said he has no data on those who will not qualify,but there are currently 550 more than 60 days past due and will be scheduled for shut off. He said staff will work to get those who qualify into aid programs but there will be some who do not qualify. Council President Lueb asked about the structure of payment plans and Finance Director LaFrance said the structure was not yet finalized. D. Public Testimony—Mayor Snider said that no written testimony was received by the deadline. He asked IT Manager Nolop if there were any callers in the queue and there were none. E. Response to testimony by staff.There was no testimony. F. Mayor Snider closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES — March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 7 of 9 G. Council consideration of Ordinance No. 21- 08. Councilor Newton moved to adopt Ordinance No. 21-08. She thanked the team for bringing this forward. The motion was seconded by Councilor Shaw. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 21-08—AN ORDINANCE ALLOWING PAYMENT PLANS OF LONGER THAN ONE YEAR FOR TIGARD UTILITY CUSTOMERS DURING THE COVID-19 EMERGENCY Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Mayor Snider announced that the ordinance was adopted unanimously. 7. NON-AGENDA ITEMS—None 8. ADMINISTRATIVE REPORT—City Manager Rymer reported on administrative items. • Kudos go to 1,000 community members that registered for the CODE RED emergency notification system in February alone.The following staff were highlighted for their efforts to get people signed up for this important program: Stephanie Kouremetis,Marissa Grass,Mike Lueck,Kent Wyatt, Karen Lewis and Kristina Peltier.Thanks also go to the Council for using their social media platforms to encourage sign-ups. • Re-opening at City Hall has been slow and intentional. The utility payment drop box is open. Staff is looking at resuming in-person court operations mid-April. Library teammates are organizing their annual magazine giveaway,where people can pick up free magazines from 2019. • On the Engage Tigard page of the city's website,community input is sought to help re-design the website and make it more useful. There is also an opportunity for people to give input on the City Facilities Consolidation (CFC) project. • Court Supervisor Brenda Annis has been with the City of Tigard for 22 years and is retiring. Many thanks go to her and best wishes for her next adventures! 9. EXECUTIVE SESSION: TIGARD CITY COUNCIL MEETING MINUTES — March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 9 At 7:53 p.m.Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss hiring an officer or employee,under OAS 192.660(2)(a). He said the Council would adjourn after the Executive Session. The Executive Session ended at 8:20 p.m. 10. ADJOURNMENT At 8:20 p.m. Councilor Goodhouse moved for adjournment and Council President Lueb seconded the motion. City Recorder Krager conducted a roll can vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Carol A. Krager,City ,ecorder Attest Jason B. Snider,Mayor 24.21 Date: a� t— �/--- TIGARD CITY COUNCIL MEETING MINUTES-March 2, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 9