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City Council Packet - 05/23/2023 IN41 City of Tigard I TICAL • Tioardl Business Meeting —Agendla TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND MAY 23,2023 6:30 p.m.Business Meeting TIME: MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223-See PUBLIC NOTICE below PUBLIC NOTICE:In accordance with Oregon House Bill 4212,this will be a hybrid meeting where some Council, staff or public will participate in person and some will participate remotely. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments before noon the day of the meeting. •If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. •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. •You may comment through video through the Teams app. Go to this link to learn how to participate by video: May 23,2023 Council Meeting (https://www.tigard-or.gov/Home/Components/Calendar/Event/3464/66). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2419 (voice) or 503-684-2772 (FDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd& 4th Tuesdays) at 6:30 p.m.The meetingwill be rebroadcast st at the followingtimes on Channel 28: Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m. 111 City of Tigard Tigard Business Meeting —Agenda TIGARD_ TIGARD CITY COUNCIL&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: MAY 23,2023- 6:30 p.m. Business Meeting MEETING LOCATION: Hybrid-City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS AND RECOGNITION A. GUN VIOLENCE AWARENESS DAY PROCLAMATION 6:35 p.m. estimated time B. PRIDE MONTH PROCLAMATION 6:45 p.m. estimated time 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Tigard High School Student Envoy C. Public Comment—Written D. Public Comment—In Person E. Public Comment—Phone-In F. Public Comment—Video 4. LEGISLATIVE PUBLIC HEARING:HOUSE BILL 3115 RESPONSE ORDINANCE 7:00 p.m. estimated time 5. CONSIDERATION OF A DEVELOPMENT ASSISTANCE AGREEMENT 7:30 p.m. estimated time 6. HOUSING POLICY UPDATE AND ROADMAP 7:45 p.m. estimated time 7. POLICE SERVICES LEVY BALLOT MEASURE DATE SELECTION 8:15 p.m. estimated time 8. NON AGENDA ITEMS 9. ADMINISTRATIVE REPORT 8:45 p.m. estimated time 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 8:50 p.m. estimated time AIS-5241 2.A. Business Meeting Meeting Date: 05/23/2023 Length(in minutes): 10 Minutes Agenda Title: Gun Violence Awareness Day Proclamation Authored By: Nicole Hendrix Presented By: Guest Speaker Teri Mills /No Staff Report Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Community member Teri Mills requested June 2,2023 be Gun Violence Awareness Day.This proclamation declares the first Friday in June to be Gun Violence Awareness Day in the City of Tigard to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to end this public health crisis. ACTION REQUESTED The Tigard team asks the Mayor to proclaim June 2,2023 as Gun Violence Awareness Day. BACKGROUND INFORMATION Public Involvement This request is on behalf of the Moms Demand Action-Tualatin/Tigard/Lake Oswego/Wilsonville/West Linn Chapter. Impacts (Community, Budget,Policies and Plans/Strategic Connection) Mayors and law enforcement officers—in partnership with local violence intervention activists and resources—know their communities best,are the most familiar with local criminal activity and how to address it,and are best positioned to understand how to keep their community safe. Gun violence prevention is more important than ever as we see an increase in firearm homicides,and nonfatal shootings across the country,increased calls to domestic violence hotlines, and an increase in gun violence. ALTERNATIVES&RECOMMENDATION The Mayor may choose not to publicly proclaim Gun Violence Awareness Day,however city teammates recommend this item be proclaimed publicly. ADDITIONAL RESOURCES Attachments Proclamation- Gun Violence Awareness Day 2023 v Vis. ' :1111:::':..!-:';:1-''';l' �a.�� i r 'Ie.' '',X 1./.'i''' 1P51;`4 4ti'*IA ' w in '''''' ' 1 I...' ,:_i 41 CAA tV, ill vx, (On 0i `' *11fl3TWbIOn Cit,of'1'igard 7 ' GUN VIOLENCE AWARENESS DAY JUNE 2;VI , 2023 iff. *014 ' WHEREAS,every day,more than 120 Americans are killed by gun violence and more than 200 ,,' >_ y are shot and wounded,with an average of more than 17,000 gun homicides every year;and r r° • : WHEREAS,Americans are 26 times more likely to die by gun homicide than people in other 3- `04;10-..» high-income countries;and I :f WHEREAS,Oregon has 587 gun deaths every year,with a rate of 13 deaths per 100,000 i� people,a crisis that costs the state$8.1 billion each year,of which$89.1 million is paid by taxpayers.Oregon has the 34th highest rate of gun deaths in the US;andTs.1061:::WHEREAS,gun homicides and assaults are concentrated in cities,with more than half of all - _3,-_,t firearm related gun deaths in the nation occurring in 127 cities;and a ' '`°i WHEREAS,cities across the nation,including in Tigard,are working to end the senseless violence with evidence-based solutions;and , 'Z m Sit . ' Y WHEREAS,protectingpublic safetyin the communities theyserve is mayors'highest ,4Ig, Y 9 responsibility;ander ,4. WHEREAS,support for the Second Amendment rights of law-abiding citizens goes hand-in- hand with keeping guns away from people with dangerous histories;and ` o Air" -' WHEREAS,mayors and law enforcement officers—in partnership with local violence fy,3tt` H intervention activists and resources—know their communities best,are the most familiar with local criminal activity and how to address it,and are best positioned to understand how to keep their community members safe;and ., WHEREAS,gun violence prevention is more important than ever as we see an increase in a! firearm homicides,andnonfatalshootings across the country, increased calls to domestic i { r f violence hotlines,and an increase in city gun violence; 1,; I ''�®1WHEREAS,in January 2013, Hadiya Pendleton was tragically shot and killed at age 15;and on IHI"_ June 2,2023 to recognize the 26th birthday of Hadiya Pendleton(born:June 2, 1997),people is across the United States will recognize National Gun Violence Awareness Day and wear i ' eI,^TT orange in tribute to- a,., (1)Hadiya Pendleton and other victims of gun violence;and r .: (2)the loved ones of those victims;and :;r WHEREAS,the idea was inspired by a group of Hadiya's friends,who asked their classmates n 3o /4 i to commemorate her life by g wearing orange;they chose this color because hunters wear _ 1 . orange to announce themselves to other hunters when out in the woods,and orange is a color f" ' that symbolizes the value of human life;and IG . • WHEREAS,anyone can join this campaign by pledging to wear orange on June 2nd,the first die Friday in June in 2023,to help raise awareness about gun violence;and • WHEREAS,by wearing orange on June 2,2023 Americans will raise awareness about gun 2P. .„:„:.;,, r, violence and honor the lives of gun violence victims and survivors;and ' ''''r-)1C.;':*:::-T'''Ii.VV-441,44 .:'21.4;-',...." .„4:-.,; :.,411-::-.1::*-;'.4.:21!;744; ',;:::-14';,*,--''' ''':,',.a:C ' ''N,!:- ,-" ' .ti. v. f,.SA." 1 , ti ,..,... „..,..". z ,, ,... ...-_, . ' - ,...„. .. . ' ' 'iCi 4 ,y,- ...„..,, ., ...... ... 7 % / l / Miss � x,a�"��„ .� Citc oj1'igard 1 ' `� 1 _ WHEREAS,we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them,and tr k oI encourage responsible gun ownership to help keep our families and communities safe. ; W NOW,THEREFORE BE IT RESOLVED,that Mayor Heidi Lueb of the City of Tigard declares 4,1414t = r4 . I the first Friday in June,June 2,2023,to be t. i', GUN VIOLENCE AWARENESS DAY r - c. 3jitlo I in Tigard and encourages all community members to support their local communities'efforts ' _ to prevent the tragic effects of gun violence and to honor and value human lives. ,, , r I �r Dated this 23rd day of May 2023 CI '4rc r � IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of i Tigard to be affixed. Heidi Lueb, Mayor ° ,., City of Tigard ° � <; Attest: v :1,. Carol A.Krager,City Recorder o; F e y. ,1 x g ` e '' a. , ii � e i F di i4 I?, it � _ t -' •,fx`i p .. . :4 h"5 . :, :4% L s ,' '' .` i V AIS-5235 2.B. Business Meeting Meeting Date: 05/23/2023 Length(in minutes): 5 Minutes Agenda Title: Pride Month Proclamation Authored By: Alexandra Richardson Presented By: Violet Rogers-Stultz will provide a team report Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This proclamation recognizes the contributions of LGBTQIA+individuals in Tigard and beyond.June is nationally recognized as Pride Month in support of the quest for continued recognition of basic human rights for all LGBTQIA+ people. Tigard reaffirms its commitment to fight discrimination against our valued members of the LGBTQIA+ community and celebrates the progress they've made towards equality. ACTION REQUESTED The Tigard team asks the Mayor to proclaim the month of June 2023 as Pride Month in Tigard and to read the proclamation in full at City Council. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations City Council has issued a proclamation in support of June as Pride Month every year since 2019. Public Involvement The city has been working with Tigard-Tualatin School District to promote and plan a Pride Parade&Celebration on June 10 from 2-5PM at Tigard High School.Additional events through the Library are available this June including Tigard's Municipal Court is waiving its fees for LGBTQIA+wedding ceremonies performed during the month of June.Tigard Public Library is hosting a Pride Parade Sign-Making Party on June 4 and Drag Queen Storytime on June 11. Input from affinity groups,board and committee members,and students have been incorporated into the planning of the Celebration and Parade. Impacts (Community,Budget,Policies and Plans/Strategic Connection) This proclamation reinforces the city's strategic vision and community promise to be equitable for all. ALTERNATIVES& RECOMMENDATION The Mayor could choose not to issue the proclamation,but city teammates recommend its issuance to reaffirm our support for LGBTQIA+ friends and family members. ADDITIONAL RESOURCES https://www.tigard-or.gov/explore-tigard/pride-celebration Attachments 2023 Pride Month Proclamation I.,: yj 11 :n�a au3na.o�a.. J J .5,:, .,.-, .....,...,,-., , i.10,**, V/ 1 ++,�ppyyo�:i l � _ t 11;010* TI � _ `�'` PRIDE MONTH ,.� i Ia JUNE 2023 a + SI WHEREAS,June is celebrated as Pride Month nationwide to commemorate the Stonewall g: 4 '*' i Uprising in New York which is considered the beginning of the LGBTQIA+civil rights . , _ movement;and e L- WHEREAS,Tigard is a community that includes and values its Lesbian, Gay, Bisexual, l ' Transgender ,Queer,Questioning,Intersex,Asexual,and Two-Spirit individuals;and 3 071''i, M 8. WHEREAS,Tigard's LGBTQIA+community is a diverse and essential part of our city whose members contribute to the widespread academic,economic,artistic,political,and social 4.•, spheres within and around the Tigard community;and 3 7 . WHEREAS,Pride Month in Tigard is meant to raise awareness of the prejudice and AV" ii, discrimination still facing members of the queer community and honor their power and s - ,t perseverance in fighting discrimination in all its forms;and j: WHEREAS,community members whose gender identity or sexual orientation intersects with 11 �} .. race,ethnicity,ability,gender,or religion experience additional stigma and discrimination;and .q a x c rWHEREAS,everyone is entitled to equal rights freely granted to all Americans inclusive of 10. gender identity and sexual orientation;and '! WHEREAS,our city will stand up to discriminatory actions and harmful speech;and * 'ADA* 11 II"; WHEREAS,the valuable contributions made by Tigard's LGBTQIA+community promote 'I� innovation and positive change with lasting effects within our city;and =ct:/ -. . 0 WHEREAS,in partnership with Tigard-Tualatin School District,the City of Tigard celebrates �., o Pride with a community celebration and parade on June 10.The city acknowledges and affirms i,, queer love with waived Municipal Court fees for all LGBTQIA+wedding ceremonies performed 9';O y r ) durinriig the month of June.The city is committed to creating safe spaces for the community with ,,=: sli Pride programs at the Tigard Public Library; .A-r.. y`. 19 S ® NOW THEREFORE BE IT RESOLVED,the City of Tigard Mayor does hereby proclaim her , ° support for designating June 2023 as, tet. PRIDE MONTH p Y : F 'l in Tigard and encourages all community members to respect and honor our diverse community. y" . `ash■ .a Dated this th day of_2023 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of €, r Tigard to be affixed. ', _ . ..) t IHeidi Lueb, Mayor , City of Tigard 3'o Attest: w : ;>, Carol A. Krager,City Recorder - ■..■. ■■ ■■. ... -7 '177==.1:1=111.111217= 4•0 OOO as 11.11101110111•111 .a IN41 al TIGARD (P) Public Comments received for the May 23, 2023 Meeting of the Tigard City Council 1. May 17,2023 Randall Yesmont Re: Affordable Housing Presentation and Planned Policy— urging Council to implement rent control in Tigard to address the escalating rent crisis. 2. May 17,2023 Kendra Smith Re: Support of Oregon Rent Control Bill as a crucial step towards addressing ongoing housing affordability. Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Wednesday, May 17, 2023 12:03 PM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2441728 IP Address: 131.252.55.192 Submission Date: 05/17/2023 12:03 Survey Time: 10 minutes, 56 seconds You have a new online form submission. Note:all answers displaying"*****" are marked as sensitive and must be viewed after your login. Name Randall Yesmont Email Complete Address 8035 SW Thorn St Tigard,OR 97223 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) Affordable Housing Presentation & Planned Policy Comments I strongly urge the City Council to implement rent control in Tigard, OR to address the escalating rent crisis. While Oregon has statewide rent control and Portland limits rent increases to 9.9%,Tigard lacks such protections.Suburban residents are facing 14.6% rent increases, leading to financial strain and displacement.Some landlords are even using this tactic to force residents out and raise prices, exacerbating the crisis. Follow Oregon's lead and enact rent control to safeguard tenants and promote housing stability. Engage with community members, tenant organizations, and experts to develop an equitable policy.Act now to protect Tigard's residents and ensure affordable housing for all. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Wednesday, May 17, 2023 2:55 PM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2442377 IP Address: 71.59.223.30 Submission Date: 05/17/2023 2:54 Survey Time: 13 minutes, 10 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Kendra Smith Email Complete Address 8045 SW Thorn Street Tigard,OR 97223 Which agenda item or topic are you commenting on?(Comments are due by Monday at noon) Portland Renter Additional Protections https://www.portland.gov/code/30/01/085 Comments I am writing to express my enthusiastic support for the Oregon Rent Control Bill outlined in the document at https://www.portland.gov/code/30/01/085.As a concerned citizen, I firmly believe that implementing rent control measures is a crucial step toward addressing the ongoing housing affordability crisis in our state.The proposed legislation presents an opportunity to alleviate the burden faced by countless Oregonians struggling with skyrocketing rental costs. Rent control is essential for ensuring housing stability and preventing displacement. By placing limits on annual rent increases,this bill would protect vulnerable renters from abrupt and unaffordable hikes in rental prices,giving them greater security and peace of mind.Stable housing is not only a basic human right but also a foundation for thriving communities, improved mental and physical health,and better educational outcomes. Moreover, rent control measures can help curb gentrification and preserve the socioeconomic diversity that makes Oregon unique.As neighborhoods undergo rapid development, low-income residents, marginalized communities,and long-time residents are disproportionately impacted. By regulating rent increases and providing a predictable framework for landlords and tenants alike,this bill would strike a balance between fostering economic growth and ensuring that existing residents can continue to call our neighborhoods home. Attachment Supporting Documents/Images Thank you, City of Tigard 1 AGENDA ITEM NO. 3.D - PUBLIC COMMENT DATE: May 23, 2023 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and cities of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME & CITY YOU LIVE IN TOPIC STAFF Please Print CONTACTED i Name .baa i( / o.'lf City r Also,please spell your name as it sounds,if it will help the f,4 a presiding officer pronounce: ecim.4 146,6,1 ,30, 4 (1411 Optional: If you want a response from staff please 0 leave your contact information: Address .3°55 lsw ory c City -1-t err O1 State CYZ-. Zip CY1 113 Phone no. or email L(g G 353 71 05 Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email AIS-5205 4. Business Meeting Meeting Date: 05/23/2023 Length(in minutes): 30 Minutes Agenda Title: Legislative Public Hearing:House Bill 3115 Response Ordinance Authored By: Kim Ezell Presented By: City Attorney Rihala and Program Manager Ezell Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Tigard and neighboring jurisdictions are developing time,place,and manner ordinances in response to HB 3115 and recent case law. Under HB 3115,any regulation of sitting,lying,sleeping,or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time,place,and manner prior to July 1,2023. The City's current code regulating camping was enacted prior to court decisions such as Martin v.Boise and does not P g comply with HB 3115. In addition to repealing Tigard Municipal Code Chapter 7.80,staff is asking Council to pass an ordinance that addresses when,where,and how the houseless community can camp in Tigard. ACTION REQUESTED Following the discussion at the May 9,2023 meeting,staff incorporated Council's comments and recommends approval of this ordinance. BACKGROUND INFORMATION As discussed at the May 9th Council meeting,Tigard's goals in developing this ordinance are: •Clear to understand and enforce •Enhance the livability including health and safety for all community members •Protect the environment,community assets,and infrastructure of Tigard •Align ordinance with neighboring jurisdictions'ordinances Based on those and other considerations,as well as feedback from City Council,Tigard's ordinance proposes the following: •TIME •Camping prohibited between 9am and 7pm •PLACE •Camping prohibited in- •Sensitive lands •City parks •City parking lots •SW Burnham,SW Main,and SW Commercial Streets and SW Tigard Street between Main St and Tiedeman St •Within any vision clearance area,as defined by Tigard Community Development Code Chapter 18.930. •500 ft.of houseless services,schools,and freeway entrances/exits •MANNER •Camping may not reduce mobility access below 36 inches or otherwise impede travel • 10 ft. buffer around driveways,entrances/exits of buildings,fire hydrants,other utility infrastructure •May not start or maintain a fire or use a gas heater •May not dig,excavate,erect/install fixtures,harm vegetation •May not accumulate,discard,or leave behind trash,hazardous materials,or feces • Campsite is limited to 12x12 feet and cannot be within 20 feet of another campsite •No unauthorized connections to electrical outlets or other utilities Public Involvement Significant public involvement has been completed with concerned stakeholder groups. Since January 2023,the City has engaged the Community Homelessness Assessment and Response Team (CHART), which has provided feedback and will continue to be consulted for feedback on the ordinance and implementation concerns. The Committee for Community Engagement(CCE)was briefed and consulted on the ordinance in February and May. The Chiefs Advisory Panel has been consulted and gave feedback to staff on the direction of the Time,Place,Manner ordinance. Staff held multiple 1-1 and group conversations with neighboring jurisdictions about the status of each community's ordinance and how we can align our respective ordinances. Feedback from all of these conversations has been incorporated into the proposed draft ordinance. Impacts (Community,Budget,Policies and Plans/Strategic Connection) Council adopted'Reduce Houselessness'as a 2023-2024 Council Goal.A key element of staffs action plan to accomplish the Goal is to enact and implement a time,place,manner ordinance that will support the entire community. Dates of Previous and Potential Future Considerations Staff presented background information,considerations,and recommendations to Council on May 9. Staff will continue to update Council on the effectiveness of the ordinance in the future. ALTERNATIVES& RECOMMENDATION Council may choose to amend any portion of the ordinance or choose not to adopt. ADDITIONAL RESOURCES N/A Attachments Map of Prohibited Camping Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 23- AN ORDINANCE PROHIBITING AND REGULATING CAMPING IN THE CITY OF TIGARD WHEREAS,houselessness is a critical concern in the Tigard community and the Tigard City Council has adopted as a Council goal`Reduce Houselessness'through compassionate care for all community members;and WHEREAS, the court decisions Martin v. Boise and Johnson v. Grants Pass held that prohibiting camping in the absence of available shelter violates a person's Eighth Amendment rights against cruel and unusual punishment, but that a municipality may adopt reasonable time,place, and manner regulations;and WHEREAS, Oregon House Bill 3115 (2021) codified the Boise decision and required all local government regulation of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time,place, and manner prior to July 1, 2023;and WHEREAS,the intent of this ordinance is to enhance the livability,including health and safety,for all community members as well as to protect the environment,community assets,and infrastructure of Tigard;and WHEREAS, camping in certain sensitive or high-risk areas creates a danger to the environment,the public,and the persons experiencing homelessness;and WHEREAS, camping on or near certain locations or infrastructure prevents the public's ability to use those locations for their intended purpose and may result in imminent threats to life safety;and WHEREAS,when shelter is not available,this ordinance allows a person to sleep protected from the elements and maintain the essentials for living,while still allowing others to use public spaces in a safe way,as designed and intended. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 7.80, Camping Prohibited in Certain Areas, is hereby repealed in its entirety and replaced with the attached Exhibit A. SECTION 2: Tigard Municipal Code Section 7.52.180,Camping in Sensitive Areas,is hereby deleted. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 23- Page 1 PASSED: By vote of all council members present after being read by number and title only, this day of , 2023 Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2023. Heidi Lueb,Mayor Approved as to form: City Attorney Date ORDINANCE No.23- Page 2 Exhibit A Tigard Municipal Code Chapter 7.80 Prohibited Camping 7.80.010 Definitions. "Available shelter"means a shelter that has space for a person experiencing homelessness. A shelter is not available if the shelter: 1. Is at capacity and does not have space to accommodate the person experiencing homelessness; 2. Has a maximum stay rule or temporal requirement or deadline the person has exceeded or not met; 3. Has excluded the person from the shelter for any lawful reason; 4. Cannot reasonably accommodate the person's mental health or physical needs; 5. Is unavailable due to the person's family status, age,gender,gender identity, sexual orientation, or other status; 6. Is unavailable to the person because the shelter has rules about alcohol or drug use that the person does not meet; 7. May prohibit a minor child to be housed in the same facility with at least one parent or legal guardian; 8. Requires participation in religious activity or receipt of religious information or religious teaching the person does not wish to participate in or receive; or 9. Requires a person to leave their pet(s) unattended in order to stay at the shelter.This section does not apply to service animals under the Americans with Disabilities Act. "Camp"means to set up or remain in or at a campsite for the purpose of establishing or maintaining a permanent or temporary place to live. "Camp materials"may include,but are not limited to,tents,huts,awnings,lean-tos,chairs,tarps or tarpaulins, cots, beds, sleeping bags, blankets, mattresses, sleeping or bedding materials, food or food storage items, or similar items that are or appear to be used as living or sleeping accommodations, or to assist with living or sleeping activities. "Campsite"means any place where the use of any tent,lean-to,shack,or other structure is placed,established,or maintained for the purpose of maintaining a permanent or temporary place to live and includes all camp materials. "City park" means any parkland, public parkways, public squares, trails, greenways, playgrounds, and other recreation areas, whether publicly or privately owned, dedicated, leased, or otherwise set aside for public use and not under the supervision or control of any other public agency. "Freeway"means a highway for through traffic where access to the highway is fully controlled except as may be allowed at designated interchanges and includes Interstate 5 and Highway 217. "Person experiencing homelessness"means a person who lacks a fixed,regular,and adequate nighttime residence. "Person without available shelter" means a person experiencing homelessness and who does not have access to available shelter. ORDINANCE No. 23- Page 3 "Property where homeless services are provided" means any property where regular, direct services to persons experiencing homelessness are provided or have been provided in that calendar year. Such services include,but are not limited to service of food prepared on-site or offsite,showering or bathing,storage for personal property, case management,or laundry facilities. "Right-of-way" means an area that allows for the passage of people, goods, or utilities. Right-of-way may include freeways,pedestrian connections,and streets.A right-of-way may be dedicated or deeded to the public for the public use or owned by the City or other public body. "Shelter facility"means a building that provides, or has provided in that calendar year, emergency shelter on a temporary basis for individuals and families who lack permanent housing. 7.80.020 Prohibited Camping. It is unlawful for any person to camp in or upon any right-of-way or City park,unless specifically authorized by this Chapter or by local emergency declaration. 7.80.030. Time,Place, and Manner Regulations. A. A person without available shelter may camp only if all of the following time, place, and manner regulations are met. B. Time Regulations.A person without available shelter may camp between the hours of 7 p.m. and 9 a.m. After 9 a.m., a person without available shelter must dismantle the campsite and remove all personal property and camp materials from the campsite. C. Place Regulations. A person without available shelter may not camp in the following places at any time: 1. Within any environmentally sensitive lands, as defined by the Tigard Community Development Code. 2. Within any City parking lot. 3. Within any City park. 4. Within 500 feet from a shelter facility or a property where homeless services are provided. 5. Within 500 feet from a public or private elementary school, secondary school, or career school attended primarily by minors. 6. Within 500 feet from an egress or ingress to a freeway. 7. Within any vision clearance area, as defined by Tigard Community Development Code Chapter 18.930. 8. On SW Main Street, SW Burnham Street, SW Commercial Street, or SW Tigard Street between SW Main Street and SW Tiedeman Ave. ORDINANCE No. 23- Page 4 D. Manner Regulations. A person without available shelter may camp if the person without available shelter complies with all of the following manner regulations: 1. A campsite or camp materials may not obstruct that portion of the sidewalk, multi-use path or pedestrian path in a manner that results in less than 36 inches of unobstructed width for passage as required by the Americans with Disabilities Act. 2. A campsite or camp materials may not obstruct any portion of any street, bike lane, or bike path intended for travel for vehicle, bicycle,pedestrian or other legal mode of travel or impair unobstructed use thereof. 3. A campsite or camp materials may not create a physical impairment to pedestrian ingress and egress,including within 10 feet of driveways or 10 feet of entrances or exits from buildings. 4. A camp or camp materials may not create a physical impairment to emergency ingress or egress or emergency response including within 10 feet of any fire hydrant,utility pole, or other utility, fire gate/bollards, or public infrastructure used for emergency response. 5. A person without available shelter may not(a)start or maintain any fire for the purpose of burning any combustible material in or around a campsite;or(b)use a gas heater in or around a campsite. 6. A person without available shelter may not accumulate, discard, or leave behind in or around a campsite (a) any rubbish, trash,garbage,debris, or other refuse; (b) any unsanitary or hazardous materials;or(c) any animal or human urine or feces. 7. A person without available shelter may not erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material or materials in or around a campsite. For purposes of this subsection,a"permanent or temporary fixture or structure"does not include. a tent,tarpaulin,or other similar item used for shelter that is readily portable. 8. A person without available shelter may not dig, excavate, terrace soil, alter the ground or infrastructure, cause environmental damage, or damage vegetation or trees in or around the campsite. 9. A campsite must be limited within a spatial footprint of 12 feet by 12 feet, or 144 square feet, and a campsite may not be within 20 feet of another campsite. Multiple persons without alternative shelter may camp together in a single campsite, subject to the limitations of this subsection. 10. Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited. 11. Obstruction or attachment of camp materials to public infrastructure or private property structures, including bridges or bridge infrastructure, fire hydrants, utility poles, streetlights, traffic signals, signs, fences, trees,vegetation,vehicles or buildings is prohibited. 7.80.040 Violation. ORDINANCE No. 23- Page 5 A. Violation of this Chapter is punishable as follows: 1. Class 3 civil infraction; 2. Citation in lieu of arrest for criminal trespass in the second degree;or 3. Arrest for criminal trespass in the second degree. B. A civil infraction or citation in lieu of arrest issued pursuant to Section 7.80.040(A)(1) or (2) may be accompanied by an order of exclusion for up to 60 days. C. An arrest for criminal trespass pursuant to Section 7.80.040(A)(3) may be accompanied by an order of exclusion for not more than 180 days. D. Nothing in this Section is intended to prescribe any particular or order of violation or penalty.A police officer has discretion to impose a violation tailored to the circumstances and necessary to maintain the health and safety of persons experiencing homelessness and the community. ORDINANCE No. 23- Page 6 ,, SW BROCKMAN SrTime, Place and Mannerti� Ordinance Project DRAFT Li, a ` �!V Legend f, o Sensitive Lands Composite =_ �, `. School Tax Lot - \ m L '" } 500-Foot School Buffer 0 0 ti �* ca 11111 Shelter Location sC 0L s e�`�� �L-_ , 500-Foot Shelter Location Buffer eV r r -- Freeway Entry/Exitta�t�_. •Ai... 500-Foot Freeway Entry/Exit Buffer \_/ ' , `c - 0 Tigard City Boundary ' 4 NAmit„ a°, ` Tigard Parks and Greenspaces 1 �+` ��' Burnham, Commercial, Main, and � � 1 6" yr .- 11-1:4,''''' d A Tigard Streets t, �� r o • Burnham, Commercial, Main, and /.:(-------- , , / /'� � R�ou `tTigard Streets ROW ` > Wat ) �� 0 0.25 0.5 10. A '� as 5 ( �' Miles _ .): 0°O . . ,f . r 6T : f} T 0p .! o4114 .\(O‘L 4 '' (/a• Itni; : ' '/.14 411; . 0. ,e-'"'---") : 21 t '\ ,,,,, SWC,, RDE °,t .' SW MC D O N A L� •t o0 4 „.„. i .. —, � —° ' ti v Utit t MOAN rA,N R ' N 0 c;',79 d __ ii a o • e O iTA PL.. cx 7- - - ----,.."1:Irr .7( • ,....,,, , --z.3 .0 rXil' tom?u `O .f° O( • P'' ///7.,/O 1 " „r, H 00 se'r fz P 4 - On 0. aa�d � Crd C • o l� 2s. r-P ✓� SW BLEF BEND 2 SW OUR AM wr �{ Kr.,_ �3s King .... Q Cityt a. J 7 44. x 2 �t_y ,..._/-1._ Durham 3 0 AGENDA ITEM No. 4 Date: May 23, 2023 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: Legislative Public Hearing: House Bill 3115 Response Tigard Municipal Code (TMC) Chapters 7.80 — Camping Prohibited in Certain Areas Repealed and Replaced with 7.80.010 — Prohibited Camping This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record and is openly available to all members of the public. The names and city of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony A AGENDA ITEM No. 4 Date: May 23, 2023 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. C A t, E.127 PE7EvL5d N Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. �, L,At/0A PA/4 k, Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Pjk/N MAk2l6 ytt epM&r; S 5 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. I5LIN' O tic me ,, Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ('q M C > (3 LAC ilorl t s 5 AGENDA ITEM No. 4 Date: May 23, 2023 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. FA L K 1 `112`11-F V 1-(0i115L65� Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. ✓ j21C MIEN Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. CA5EY v2.0 L_AN flo iet,l55 Name,Address&Phone No. Name,Address&Phone Name,Address&Phone No. C V C()-f ®S;s lAf q -r-ti 444 Olz Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. A M-7( Avo 5) AIS-5211 5. Business Meeting Meeting Date: 05/23/2023 Length (in minutes): 15 Minutes Agenda Title: Town Center Development Agency: Consideration of a Development Assistance Agreement Authored By: Sean Farrelly Presented By: Redevelopment Project Manager Sean Farrelly Item Type: Resolution Town Center Development Agency Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Board of the Town Center Development Agency(TCDA)will consider a resolution authorizing the City Attorney and Executive Director to finalize and execute a Development Assistance agreement with AVA Tigard Development, LLC. The agreement sets the terms for a Town Center Advisory Commission recommended$400,000 in TIF funding toward a 22 unit apartment mixed-use building located on Main Street.The funds will pay for a portion of the Systems Development Charges incurred. ACTION REQUESTED Staff requests the Board consider approval of the Town Center Advisory Commission recommended development assistance contained in the attached resolution. BACKGROUND INFORMATION Public Involvement The Town Center Advisory Commission(TCAC) reviewed the grant application at their March meeting and deliberated and by a vote of 7-3,approved a funding level of$400,000 after considering the team's recommendation of$200,000. Impacts (Community,Budget,Policies and Plans/Strategic Connection) The AVA mixed use project broke ground in December 2022.The three story,24,766 sq ft building will have 6,980 sq ft of retail and common areas on the ground floor,and 22 apartments on the second and third floors.The retail space will have four owner-occupied catalytic businesses,including a coffee shop,roastery,bakery,and coffee cocktail bar. The developers are also providing a small public viewing deck and easement adjacent to Fanno Creek. The site is a former brownfield,which the TCDA purchased with the strategy of remediating the property with a $400,000 EPA Brownfield grant.The clean-up grant work was completed and the TCDA received a Prospective Purchaser Agreement Certificate of Completion in 2018.The Agency then partitioned the property, (retaining the Fanno Creek portion) and issued a Request for Letters of Interest to developers.The Agency selected AVA Tigard Development and entered into a Development and Disposition Agreement.The Agency sold the property to AVA in January 2021. This project faced many unforeseen and ongoing challenges.AVA reports$380,000 in unanticipated costs due to the discovery of unstable fill material and very large boulders down to 9 feet below grade level,which resulted in additional excavation,disposal,and substantial backfill material costs.Additionally,AVA reports$402,255 in increased costs due to inflation and a shortage of labor and material,which is estimated to increase the construction cost by 7%. AVA submitted an application for development assistance in February.Staff found that the project meets the criteria of the development assistance program, scoring highly in the criteria of Public Amenities,High-quality Urban Design,and Placemaking and Local Identity.The applicants requested a grant of$922,423,or 10%of the project cost. Staff recommended awarding$200 000 to jointlyshare in the costs directlyattributed to the discoveryof unstable fill material and boulders. The application and staff recommendation were reviewed at the March Town Center Advisory Commission (TCAC) meeting.By a vote 7-3,the TCAC recommended approval of$400,000 in development assistance to the Board of the TCDA.The TCAC recommended the higher amount to fully cover the$380,000 in costs of excavation,additional concrete,and schedule delays due to the site conditions.The TCAC's recommendation was in response to the developer's statements that much of the project contingency had been used very early in the project which could necessitate obtaining additional high interest rate financing. This is an important project for downtown.There has not been a new building constructed on Main Street in twenty-two years.It helps advance the goals of the City Center TIF District Plan,with the building's active ground floor usage,new residents in new apartments,and the Fanno Creek public viewing deck. Planning and Development assistance for mixed use projects are an approved project in the Plan. The AVA project also implements the following objectives of the City of Tigard Strategic Plan 2020-2025, •Strategic Priority 3:Ensure development and growth support the vision. •3.1 Pursue land development that maximizes public health benefits while increasing connection between people and community destinations •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 Once completed this will be an exemplary project in demonstrating how an underutilized contaminated site can be revitalized with the help of federal, state,and local funding. Dates of Previous and Potential Future Considerations 1/12/22:Approval of Amendment to Development and Disposition Agreement 12/14/21: Update on AVA Main Street at Fanno project 11/10/2020:Approval of the fourth amendment to the Development and Disposition Agreement 5/12/2020:Approval of the third amendment to the Development and Disposition Agreement 2/11/2020:Approval of the second amendment to the Development and Disposition Agreement 11/12/2019:Approval of a second 90-Day extension under the Development and Disposition Agreement with AVA Tigard Development,LLC 9/3/2019:TCDA Review of Main Street at Fanno Creek Plans 5/8/2018:Approval the Development and Disposition Agreement resolution ALTERNATIVES& RECOMMENDATION The Board could recommend a smaller award,such as the team's original recommendation of$200,000,or direct staff to renegotiate provisions in the Development Assistance Agreement.Renegotiation could impact the project timeline. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: $400,000 Budgeted (yes or no): Proposed Where Budgeted(department/program): In proposed FY24 TCDA Budget Additional Fiscal Notes: If approved,assistance would be paid in FY24,when the building is complete and SDC's are due. $400,000 in development assistance funding is proposed in the FY 24 TCDA Budget(City Center TIF fund.) Attachments Resolution Draft AVA Dev.Asst.Agreement AVA Memo AVA application CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 23- A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT ASSISTANCE AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC FOR THE AVA MAIN STREET PROJECT WHEREAS, Goal 5 of the City Center Urban Renewal Plan is to, "Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments, and WHEREAS, Objective 5A of Goal 5 of the City Center Urban Renewal Plan is to, "Provide development incentives and technical assistance programs that encourage business and property owners to develop projects that are consistent with the Tigard Downtown Improvement Plan vision, the 2019 Affordable Housing Plan, the City of Tigard Strategic Plan 2020-2025, and the Tigard Comprehensive Plan;" and WHEREAS, the City Center Urban Renewal Plan specifically authorizes planning and development assistance as an urban renewal project; and WHEREAS, AVA Tigard Development, LLC has started construction on a 22-unit mixed use project with public viewing deck on Main Street; and WHEREAS,AVA Tigard Development, LLC, has encountered unanticipated site condition that have added to the costs of construction; and WHEREAS, the Town Center Advisory Commission found the project meets the criteria for funding and has recommended approval of$400,000 in development assistance to the TCDA Board; and WHEREAS, the Development Assistance Agreement sets out the terms and conditions for the Agency to make a$400,000 grant to pay for certain System Development Chagres the project will incur. NOW,THEREFORE, BE IT RESOLVED, by the Tigard Town Center Development Agency that: SECTION 1: The Executive Director of the Town Center Development Agency is authorized to execute the Development Assistance Agreement attached as Exhibit 'A', subject to final legal review. SECTION 2: The Executive Director of the Town Center Development Agency may approve editing or similar changes to Exhibit'A' that do not materially alter the rights or responsibilities of the parties. TCDA Resolution No. 23- Page 1 SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of , 2023. Chair—City of Tigard Town Center Development Agency ATTEST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 23- Page 2 EXHIBIT A DEVELOPMENT ASSISTANCE AGREEMENT THIS DEVELOPMENT ASSISTANCE AGREEMENT ("Agreement") is made this day of 2023 ("Effective Date") by and between the Town Center Development Agency, an ORS Chapter 457 urban renewal agency ("TCDA") and AVA Tigard Development,LLC, an Oregon limited liability company ("AVA"). TCDA and AVA may be referred to in this Agreement jointly as the "Parties" and individually as a"Party." RECITALS A. AVA owns the real property located at 12533-12537 SW Main Street,Tigard, Oregon (the "Property"). B. AVA has requested TCDA financial assistance to complete construction of a three-story mixed-use building with 22 apartments,ground floor commercial space and a public viewing deck (the "Project"). C. The Parties desire to enter into the Agreement for TCDA to provide development assistance to AVA for the development of the Project. ` NOW,THEREFORE,in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: AGREEMENT 1. AVA PROJECT 1.1 AVA has requested development assistance from the TCDA to help defray the costs of addressing unanticipated site conditions. Unstable fill material and large boulders were discovered during excavation of the Property. The project construction budget has contingency,but these costs were unusually large and came very early in the construction project. 1.2 AVA will use commercially reasonable efforts to complete construction of the Project no later than June 30,2024. 1.3 This Agreement is not a contract providing for construction of the Project by TCDA either directly or through a contractor and AVA is not developing the Project for or on behalf of TCDA or the City.AVA is solely responsible for selecting a construction contractor for the Project.The rights and responsibilities of AVA, the general construction contractor and any subcontractors,will be provided for in separate contracts to which TCDA is not a party. 2. TCDA FINANCIAL ASSISTANCE 2.1 Subject to the provisions of this Section 2,TCDA will award AVA $400,000, to cover the actual cost of the system development charges ("SDCs") applicable to the Project ("Financial Assistance"). 2.2 For administrative convenience,TCDA will make the Financial Assistance payment directly to the City. Payment will be made when the SDCs are due and payable,as provided in Tigard Municipal Code 3.24. Notwithstanding the foregoing, the payment made to the City will be considered financial assistance to AVA for the benefit of the Project. 2.3 This Agreement expires on December 31, 2024, after which time TCDA has no financial obligation to AVA unless the Parties extend the term of this Agreement in writing. 3. REPRESENTATIONS,WARRANTIES,AND COVENANTS OF AVA To induce TCDA to enter into this Agreement, AVA represents,warrants, and covenants as follows: 3.1 Existence. AVA is a limited liability corporation, duly organized and validly existing under the laws of the State of Oregon. AVA will keep in force all licenses and permits necessary to the proper conduct of its ownership and operation of the Project. 3.2 Compliance with Laws. AVA will comply with, or cause the Project to comply with, all laws, ordinances, statutes, rules,regulations, orders,injunctions, or decrees of any government agency or instrumentality applicable to AVA, the Project, or the operation thereof,including (a) all applicable health and safety, environmental, and zoning laws, (b) all federal and state tax laws, and (c) all restrictions on the use, occupancy or operation of the Project. 3.3 Authority. AVA has full power and authority to conduct all of the activities that are now conducted by it or proposed to be conducted by it in connection with the Project and as contemplated by this Agreement, and to execute, deliver, and perform all obligations under this Agreement; and the person executing this Agreement on behalf of AVA has the legal power, right and actual authority to bind AVA to the terms and conditions of this Agreement. 3.4 Title. AVA owns and holds good and marketable fee simple title to the Property. 3.5 Development Issues. AVA is aware of no identifiable issue(s) that would preclude development of the Project or AVA's ability to obtain sufficient financing for the construction or permanent ownership of the Project. 3.6 Binding Agreement. This Agreement and all documents required to be executed by AVA are and shall be valid,legally binding obligations of and enforceable against AVA in accordance with their terms. 3.7 No Conflict with Other Agreements. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein,nor the Page 2 Development Assitance Agreement consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions,or provisions of, or constitute a default under any bond, note or other evidence of indebtedness,or any contract,indenture, mortgage,deed of trust,loan, partnership agreement,lease, or other agreements or instruments to which AVA is a party. 3.8 Indemnity. AVA shall indemnify and hold TCDA,its directors, officers, employees and agents harmless from and against any and all liabilities, claims, losses, damages, or expenses (including attorney fees and title costs and expenses) which any of them may suffer or incur in connection with (a) the inaccuracy of any of the representations and warranties made herein, (b) any transaction contemplated by this,and (c) the construction or operation of the Project, except to the extent such liabilities,claims, losses, damages, or expenses arise solely from the gross negligence or willful misconduct of TCDA. 3.9 Additional Acts. From time to time,AVA will execute and deliver all such instruments, provide such additional information, and perform all such other acts as TCDA may reasonably request to carry out the transactions contemplated by this Agreement. 4. EVENTS OF DEFAULT The occurrence of any one or more of the following will be an event of default ("Event of Default") under this Agreement: 4.1 Failure to Disclose Material Facts. AVA deliberately fails to disclose any fact material to TCDA's provision of financial assistance, or upon discovery by TCDA of any misrepresentation by, or on behalf of, or for the benefit AVA. 4.2 Non-Compliance with Governmental Regulations. AVA fails to show evidence of full or substantial compliance with any lawful, material requirement of any governmental authority having jurisdiction over the Project or the Property within thirty days after notice in writing of such requirement is given to AVA by TCDA or,if such compliance cannot be completed within such thirty (30)-day period through the exercise of reasonable diligence, the failure by AVA to commence the required compliance within such thirty (30)-day period and thereafter to continue such compliance with diligence to completion. 4.3 Other Material Breach. AVA otherwise materially breaches any term, covenant, condition, provision, representation,or warranty of under this Agreement and fails to cure such breach within thirty (30) days after notice in writing of such breach is given to AVA by TCDA or,if such breach cannot be cured within such thirty (30)-day period through the exercise of reasonable diligence, the failure by AVA to commence the required cure within such thirty (30)- day period and thereafter to continue such cure with diligence to completion. 4.4 Failure to Pay. TCDA fails to pay AVA, as provided by Section 2. Page 3 Development Assitance Agreement 5. DISPUTE RESOLUTION AND REMEDIES If a dispute arises under this Agreement,including an Event of Default, the Party claiming the existence of a dispute or Event of Default will provide written notification of the dispute or Event of Default to the other Party. A meeting will be held promptly between the Parties, attended by representatives of the Parties with decision making authority regarding the dispute or Event of Default to attempt in good faith to negotiate a resolution of the dispute or Event of Default. If the Parties are not successful in resolving a dispute or Event of Default within twenty-one (21) days, the Parties may pursue relief in a court of competent jurisdiction. Venue will be in the Washington County Circuit Court. 6. ASSIGNMENT AND TRANSFER PROVISIONS 6.1 Restrictions on Assignments. Except as provided in this Section 6,AVA may not partially or wholly transfer AVA's interest in this Agreement without the prior written approval of the TCDA,which may be withheld in TCDA's reasonable discretion. 7. MISCELLANEOUS 7.1 Counterparts. This Agreement may be executed in any number of counterparts, and any single counterpart or set of counterparts signed, in either case, by all the parties hereto will constitute a full and original instrument, but all of which will together constitute one and the same instrument. 7.2 Notice. Any notice required or permitted under this Agreement will be in writing and deemed effective; (1) when actually delivered in person, (2) one business day after deposit with a commercial courier service for"next day" delivery, (3) two business days after having been deposited in the United States mail as certified or registered mail, or (4) when transmitted by facsimile answer back or receipt confirmed), addressed to the parties as follows: If to AVA: AVA '1 igatd Development LLC Address City, State, Zip with a copy to: r�v 1 T •' Counsel] If to TCDA: Town Center Development Agency of the City of Tigard 13125 SW Hall Blvd Page 4 Development Assitance Agreement Tigard, Oregon 97223 with a copy to: City Attorney City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 7.3 Successors and Assigns.This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective permitted successors and assigns. 7.4 Governing Law. This Agreement will be governed by and construed under Oregon law. 7.5 Modification; Prior Agreements; Headings. This Agreement may not be modified or amended except by an instrument in writing signed by the Parties.This Agreement reflects and sets forth the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings relating to such subject matter. The headings in this Agreement are for the purpose of reference only and will not limit or otherwise affect any of the terms hereof. 7.6 Validity; Severability. If any provision of this Agreement is held to be invalid, such event will not affect,in any respect whatsoever, the validity of the remainder of this Agreement, and the remainder will be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. 7.7 Time of Essence. Time is of the essence of this Agreement. 7.8 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement will be of any force or effect unless in writing,will be construed to be a continuing waiver, and will be considered a waiver of any other rights of the Party making the waiver. 7.9 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or construed by the Parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 7.10 Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself, the City,or any other agency with respect to any discretionary action relating to development or construction of the Project,including, but not limited to, permits or any other governmental approvals which are or may be required,except as expressly set forth herein. Page 5 Development Assitance Agreement 7.11 No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement,and no person other than a Party may have any right to enforce any term of this Agreement. [Signature page follows] IPage 6 Development Assitance Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Executed in multiple counterparts as of the day and year above written. TOWN CENTER DEVELOPMENT AGENCY, an ORS 457 Urban Renewal Agency, By: Steve Rymer,Executive Director of the Town Center Development Agency of the City of Tigard Signed: APPROVED AS TO FORM: By: Shelby Rihala,City Attorney AVA Tigard Development,LLC, an Oregon limited liability company By: AVA Tigard Development,LLC, an Oregon limited liability company, Its By: Name: Title: IPage 7 Development Assitance Agreement il p gi City of Tigard I Town Center Development Agency Application for Re/Development Assistance Grant Re/Development Assistance Application Review Process 1. Applicant/developer submits an application with the information listed above,the assistance ask,and the project financial information,including pro forma. 2. Staff makes a recommendation on whether to approve the application and the level of funding to the Town Center Advisory Commission,which makes a formal recommendation to the Town Center Development Agency Board. 3. This grant amount and associated requirements are memorialized in a Development Agreement,which is then considered by the Town Center Development Agency Board. All grants are subject to funding availability and the final approval of the TCDA Board. Application This application is required for consideration to receive a grant as part of the Re/Development Assistance Program. This program uses a competitive selection process that scores applications based on criteria outlined above. Applicant Name: Amireh (Amy) Saberiyan -for AVA Tigard Development, LLC Property Address: 12547 SW Main Street Tigard, OR 97075 Applicant Mailing Address: POBox 213 Beaverton, OR 97075 Phone: 503-860-6335 Email: amysavaroasteria.com Property Owner Name (if different from applicant): Property Owner Mailing Address: Property Owner Phone: Email: What is the amount of your grant funding request (limited to 10%of project cost or$1 million,whichever is lower)? 10% of project total cost of$9,224,239.00 Along with your application,please attach a narrative description(up to two pages) that includes the following information: • Explain how specific program criteria are addressed by your proposed project. • Number of units (if any) • Number of affordable/market-rate units (if any) • Square feet of development • Amenities • Project type: o Residential/mixed-use o Market-rate/affordable/mixed-income o Commercial o Other • Expected project cost-proposed source of funding,including evidence of match(if applicable) City ofTigard• 13125 SW Hall Blvd. •Tigard, Oregon 97223 • 503.639.4171 • www.tigard-or.gov Page 3 of 4 wsrmotrr IN City of Tigard I Town Center Development Agency TIGARD T{' ; ; Application for Re/Development Assistance Grant I Certification by Applicant The applicant certifies that all information in this application, and all information furnished in support of this application, is given for the purpose of obtaining a matching grant and is true and complete to the best of the applicant's knowledge and belief. If the applicant is not the owner of the property to be rehabilitated/developed,or if the applicant is not the sole owner of the property, the applicant certifies that s/he has the authority to sign and enter into an agreement to perform the rehabilitation/development work on the property. Evidence of this authority must be attached. Applicant Signature: �/' Print Name: Amireh (Amy) Saberiyan Date: Feb. 28, 2023 Owner Signature (if not applicant): Print Name: Date: Print, sign,scan,and email to: Sean Farrelly,Redevelopment Project Manager sean@tigard-or.gov City ofTigard• 13125 SW Hall Blvd. •Tigard, Oregon 97223 • 503.639.4171 •wwwtigard-or.gov Page 4of4 AVA Tigard Development Project (AVA Roasteria Center) Redevelopment Assistance Grant Application -A Brownfield Revitalization Project 12547 SW Main Street Tigard, OR 97223 PROJECT OVERVIEW The AVA Tigard Development project originated to form a public-private partnership between the City of Tigard and AVA Roasteria owners with a brownfield revitalization initiative to transform a local eyesore into a catalyst for urban development and a place for community gathering. AVA Roasteria has a proven track record of developing brownfields into thriving community spaces, receiving several accolades for community contributions.The AVA Tigard Development project aims to replicate this success on a larger scale to become the destination for coffee lovers, casual gatherings, and relaxation by Fanno Creek. In addition, this project seeks to revitalize the site into AVA's cross-functional businesses and residence center that will catalyze Tigard's Main Street urban development vision and become the heart of downtown Tigard from the early morning hours to midnight. With the creation of around 30 direct local jobs, increased foot traffic, and a contribution to regional economic growth and tax base,this project will immensely benefit the City of Tigard. 1. Number of Units The first floor of the AVA Tigard Development is dedicated to four owner-occupied cross-functional businesses, including a coffee shop, roastery, bakery, and coffee cocktail bar. The second and third floors are capped at 22 apartment units in accordance . I 'fill with the current City of Tigard zoning ordinance. 1141 g ' I 2. Project Type-Number of Affordable/Market-rate Units kill e The project is a mixed-use development and includes, ,,,, four below-market rate owner-occupied commercial retail spaces and 22 market-rate apartment units. 3. Square Feet of the Development The three building levels offer 24,766 sq ft of space, with the first level comprising 6,980 sq ft of retail and common areas, with the second and third levels dedicated to 17,786 sq ft of apartment living space. An additional 2,000 sq ft is dedicated to an outdoor plaza and covered seating areas that add to an overall balance between retail and residential use for the Tigard community. 4. Expected Project Cost • Total Project Cost— The total cost is recorded at$8,441,984 at loan closing,with soft costs at$1,842,476 and construction costs at$6,599,509, of which $498,000 is dedicated to the 2000 sq ft construction of a public spaces including plaza and $66,000 to landscaping and beautification along Fanno Creek and Main Street. • Project Budget& Overages This project faced many unforeseen and ongoing challenges resulting in an estimated budget overage of$782,255.The following table highlights the current unexpected charges due to the discovery of unstable fill material and boulders down to 9 feet below grade level, which resulted in additional excavation, disposal, and substantial proper backfill material costs. This issue resulted in schedule delays and an increase in the cost of foundation concrete. In addition, we are facing inflation and a shortage of labor and material, which is estimated to increase the construction cost by 7%. As a small developer, we seek the maximum grant funding to offset these costs and make this community-heralded project possible. Construction Work Contract Budget Overage • Excavation $473,500 $230,000 • Concrete $380,000 $40,000 • Schedule delay 2 to 3 months $110,000 • Estimated Inflation 7%on the remaining cost $402,255 PROJECT CRITERIA 1. Provides Public Amenities The AVA Tigard Development Project has a strategic vision to create an inclusive and welcoming community space that is affordable, healthy, and easily accessible for everyone. We entered into an easement agreement in Jan. 2021 with the City of Tigard to dedicate a premium section of the land for public viewing of Fanno Creek. This aims to provide public access to view the beautiful Fanno Creek green corridor, providing signs exhibiting Fanno Creek's natural habitat and history.The development will also offer a range of amenities, such as a local coffee house, separate retail spaces for fresh baking goods and micro-roasted coffee beans, and a coffee cocktail bar. The goal is to provide a welcoming space away from home, work, or school with free Wi-Fi and ample table spaces, encouraging people to gather, socialize, and enjoy the area. 2. Promotes High-quality, Pedestrian-friendly Urban Design This project is strongly committed to creating urban spaces, prioritizing a welcoming environment. We have worked with a well-known local architect to create a building that exemplifies this philosophy. The design utilizes modern architectural features that harmoniously blend with the natural surroundings, including generous outdoor seating areas, planters, and light fixtures. The building's high-quality landscaping, materials, and architectural elements exceed the city's requirements. In front of all four commercial spaces are about 2000 sq ft of sitting area, some dedicated to plaza space facing Fanno Creek and the rest to covered sitting areas facing Main Street. The development will also offer a scenic overlook, walkways, accessible ramps, planters, and the calming sound of cascading water from the multiple water features alongside Main Street. 3. Provides Equitable Economic Opportunities AVA Tigard Development is eligible and in the process of certifying as a woman-owned, minority, disadvantaged, and emerging small business. As a women and minority-owned business, we are committed to providing equitable and inclusive spaces for all patrons, residents, and workers. 4. Contributes to Placemaking and Local Identity The AVA Tigard Development project is set to significantly contribute to placemaking and local identity. With 100% of the first-level frontage dedicated to active commercial businesses, AVA Roasteria's center will be a destination point for coffee lovers. The development also features areas dedicated to outdoor wayfinding and signage to be installed in public viewing areas to exhibit Fanno Creek's natural habitat and history.The project aims to work with a non-profit organization to showcase local artists' work in the coffee shop/roastery and coffee cocktail bar. Additionally,the development is situated in a beautiful downtown area next to Fanno Creek, providing aesthetically pleasing architecture and design to amplify the trail's natural beauty. 5. improves Multimodal Conditions This project offers a prime location with easy multimodal access to trails, bike routes, walkways, public transportation, and major commuter arteries. The development exceeds bike parking infrastructure requirements by providing bike storage features for each apartment unit. It also offers high walkability access to downtown green spaces, Fanno Creek trailhead, and commercial areas. Less than 0.3 miles from Tigard Transit Center and WES Train station,with close access to major commuter routes like HWY 99, 217, and 1-5. Additionally,the development provides TriMet transit passes to an estimated 30 employees of AVA and one vehicle charging station for residents. 6. Mitigates Environmental or Stormwater Issues Through sustainable practices,we are mitigating several environmental conditions, including a) installing a vapor barrier remedy to prevent possible hazardous chemical exposure resulting from the adjacent property environmental impact, b) raising the entire property by about five feet from the existing grade to stay above the 100-year flood zone, c) meeting Clean Water Services' stringent requirements for a stormwater system to protect Fanno Creek, and d) planning to install solar panels. 7. Located in a Priority Area of the TIF District AVA Tigard Development is located at 12547 SW Main Street alongside Fanno Creek within the City of Tigard's TIF revitalization districts with high walkability to public transit and other public and commercial spaces. MEMORANDUM TIGARD TO: Chair Lueb and the Directors of the Town Center Development Agency FROM: Sean Farrelly, Redevelopment Project Manager RE: Proposed Development Assistance for AVA Tigard Development, LLC DATE: May 8, 2023 Proposal The AVA mixed use project broke ground in December 2022. The three story 24,766 sq ft building will have 6,980 sq ft of retail and common areas on the ground floor, and 22 apartments on the second and third stories. The retail space will have four owner-occupied catalytic businesses, including a coffee shop, roastery, bakery, and coffee cocktail bar. The developers are also providing a small public viewing deck (and easement) adjacent to Fanno Creek. The site is a former brownfield,which the TCDA purchased with the strategy of remediating the property with a $400,000 EPA Brownfield grant. The clean-up grant work was completed and the TCDA received a Prospective Purchaser Agreement Certificate of Completion in 2018. The Agency then partitioned the property, (retaining the Fanno Creek portion) and issued a Request for Letters of Interest to developers. The Agency selected AVA Tigard Development and entered into a Development and Disposition Agreement. The Agency sold the property to AVA in January 2021. This project faced many unforeseen and ongoing challenges. AVA reports $380,000 in unanticipated costs due to the discovery of unstable fill material and very large boulders down to 9 feet below grade level, which resulted in additional excavation, disposal, and substantial backfill material costs. This material was encountered where the previous buildings had stood. Geotechnical reports were performed before the buildings were demolished and so this issue was not identified before site work began. Ava Reported Project Overages Construction Work Contract Budget Overage • Excavation $473,500 $230,000 • Concrete $380,000 $40,000 • Schedule delay 2 to 3 months $110,000 • Estimated Inflation 7% on the remaining cost $402,255 Total $782,255 Additionally, AVA reports $402,255 in increased costs due to inflation and a shortage of labor and material, which is estimated to increase the construction cost by 7%. Process The City Center TIF District Plan includes Planning and Development Assistance as a project. Projects that Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments are eligible to be considered for financial assistance. The Development Assistance program has a process with the following basic steps: 1. Applicant/developer submits an application and the assistance ask (limited to 10% of project cost or $1 million- whichever is lower). 2. Staff makes a recommendation on whether to approve the application and the level of funding to the Town Center Advisory Commission,which makes a formal recommendation to the Town Center Development Agency Board. 3. This grant amount and associated requirements are memorialized in a Development Agreement,which is then considered by the Town Center Development Agency Board. Staff and TCAC Recommendation Staff found that the project meets the criteria of the development assistance program, scoring highly in the criteria of Public Amenities, High-quality Urban Design, and Placemaking and Local Identity. Staff scored the proposal against the criteria and awarded it 237 points. 200 points is the minimum for funding. The application was reviewed at the March Town Center Advisory Commission (TCAC) meeting. The applicants requested a grant of$922,423, or 10% of the project cost. Staff recommended awarding $200,000 to jointly share in the costs directly attributed to the discovery of unstable fill material and boulders. By a vote 7- 3, the TCAC recommended approval of$400,000 in development assistance to the Board of the TCDA. The TCAC recommended the higher amount to fully cover the $380,000 in costs of excavation, additional concrete, and schedule delays due to the site conditions. The TCAC's recommendation was in response to the developers concern that much of the project contingency had been used very early in the project, and the developer might have to obtain additional high interest rate financing. Staff concurs that the AVA project was hit with a substantial cost increase due to the unexpected boulders that were discovered once the project commenced. AVA will attend the TCDA meeting to share additional information as to why the TCAC's recommendation of$400,000 would help defray their costs and continue the project on this challenging site. We also recognize that this is an important project for downtown. There has not been a new building constructed on Main Street in twenty-two years. Active ground floor usage, new residents in new apartments, and the Fanno Creek public viewing deck all advance the goals of the City Center TIF District Plan. Budget If the Board approves, this would be the second project to receive development assistance in the City Center. (Six projects have been awarded in the Tigard Triangle.) The proposed TCDA FY2023-24 Budget includes $400,000 for development assistance. If approved by the Board, the assistance will pay for a portion of the System Development Charges due when the project is completed in 2024, as outlined in the development assistance agreement. cc: Steve Rymer, City Manager/TCDA Executive Director Shelby Rihala, City Attorney Emily Tritsch,Assistant City Manager for Investment and Infrastructure Kenny Asher, Community Development Director Development Assistance Project Scoring Matrix AVA Tigard Development Project Attribute/Criteria Points Description Notes Housing and Housing Affordability Regulated affordable 10 Per unit, no max housing at 80%AMI or below Market rate housing 1 Per unit, max of 150 22 Mixed-income project Multi Mixed-income N/A (At least 20%regulated affordable -plier projects will receive housing and 20%market-rate (x1.5) 1.5 times the total housing) number of points 22 market rate units x 1=22 Other Triangle Goals For each of the following 35 Maximum each Public Amenities 35 Provide amenities Developers are providing above and beyond a public viewing deck(and City standards, easement) adjacent to including public Fanno Creek. plaza. High-quality Urban Design 35 Discretionary: The building features high- landscaping,design. quality landscaping, materials,and architectural elements Equitable Economic Opportunities 25 MWESB employment, AVA is in the process of below-market certifying as a Disadvantaged, commercial rent. Minority, Women, Service-Disabled or Emerging Small Businesses Placemaking and Local Identity 30 Active frontage,art, The ground floor will be wayfinding. highly active with retail frontage and a covered seating area.The development features areas dedicated to outdoor wayfinding and signage to be installed in public viewing areas to exhibit Fanno Creek's natural habitat and history. Improves Multimodal Conditions 25 Transit proximity, bike Building is located adjacent to infrastructure, etc. the Fanno Creek Trail and in a highly walkable area. Bus stops are close by and Tigard Transit Center is less than 0.3 miles away. AVA provides TriMet transit passes to their employees. Mitigates Env. or Stormwater Issues 30 Green building Site is a former brownfield, standards (e.g., and the project will install a LEED), green vapor barrier remedy to infrastructure, prevent possible hazardous capital projects. chemical exposure resulting from the adjacent property. Building is designed to be able to install solar panels at a future date Located in a Downtown Priority Area 35 Specific area Site is in the high priority requirements Main Street area Other Triangle Goals Subtotal 215 Housing and Housing Affordability 22 Minimum Points to Qualify for RDAP 200 Total Points 237 AIS-5240 6. Business Meeting Meeting Date: 05/23/2023 Length(in minutes): 30 Minutes Agenda Title: Housing Policy Update and Roadmap Authored By: Schuyler Warren Presented By: Senior Planner Warren Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This item will provide a brief history of the city's affordable housing policy work in order to give the Council the appropriate context for coming policy decisions in this arena. The item will also provide a look ahead to those policy decisions that will be coming to Council in the near term and a discussion of some housing issues for which there are currently no solutions or policies proposed but give a better picture of the overall housing climate. ACTION REQUESTED No Council action is requested at this time.This agenda item will help prepare Council for future actions. BACKGROUND INFORMATION The City of Tigard's Comprehensive Goal 10 is to "Provide opportunities to develop a variety of housing types that meet the needs,preferences,and financial capabilities of Tigard's present and future residents." As is the case in cities across the Metro region,the state of Oregon,and the entire country,Tigard continues to struggle with a housing crisis,one which has been particularly acute for our residents earning less than the regional median income. This presentation will highlight the work Tigard has done over the past decade to remove regulatory barriers,promote cost-efficient housing construction,support affordable housing developers,and generally improve the economic prospects of our residents. The presentation will wrap with a roadmap of some policy decisions that will be coming to the Council in the near future. Dates of Previous and Potential Future Considerations None Public Involvement None for this item,although substantial public involvement in housing development Impacts (Community, Budget,Policies and Plans/Strategic Connection) Comprehensive Plan Goal 10: "Provide opportunities to develop a variety of housing types that meet the needs, preferences,and financial capabilities of Tigard's present and future residents. ALTERNATIVES & RECOMMENDATION No recommendations or alternatives at this time.This item is a briefing only. ADDITIONAL RESOURCES Attachments Affordable Housing Presentation Tigard Housing Initiatives City Council May 23, 2023 I E p ° w 3 A.4 _ i L �! I ,,..'" '11 il '-' ro t V i 0,,,,,, r .,,r_l_r,.__ 'n.,._._.,_•I'_1 '''' '' .'t _..' 'l i Te. .., , t. ,„ gardThe 5 E's—Tigard's Community Promise: Equity• Environment. Economy. Engagement • Excellence New Construction and Population Growth Portland MSA Housing Permits per Population Change 1.0 t 1980-2004 0.8 , , Average Underbuilt by , i 24,000 Units / 0.6 \ '06 - '16 0.4 i , / \\, / /,"\---- / if 1 , , \ i 0.2 Overbuilt by ‘,, • 10,000 Units 0.0 1983611a uuir dieu t.1 .-- pa.411.,attu ,ftn., '00 - '05 1980 2000 2016 el 2016 Estimated Based on Housing Permits through July 2016 Source:Census Portland State Uni, ,'arsity, State of "•=' . gton,Oftgon Office of Economic Analvsr, we• CITY OF A The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence 1 igara Fi:ure 13. Total Housin: Need Allocated b Re:ion, Revised Methodolo_ Region 20-year Units Lost Under- Units to Total Units % Of projected to Second production Address Total need & Vacation Homelessness Units Homes Deschutes 47,900 9,184 4,837 1,194 63,115 11.4% Northeast 16,075 6,604 - 899 23,578 4.3% Northern Coast 14,153 6,073 295 2,309 22,830 4.1% Southeast 927 466 - 538 1,931 0.3% Southwest 33,527 4,591 5,823 4,579 48,519 8.7% Willamette Valley 97,713 2,676 21,854 8,972 131,216 23.7% TOTAL 426,163 33,535 65,819 29,174 554,691 100.0% % Of Total Units 77% 6% 12% 5% 100% - Oregon Housing Needs Analysis Technical Report ill I 1 h" DLCD, EcoNorthwest(2022) • CITY OF The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement • Excellence Tigard New Single Family Construction in Oregon Monthly data at annualized rates and Housing Starts 30,000 20,000 10,000 Jan-95 Jan-00 Jan-05 Jan-10 Jan-15 Jan-20 ez. Latest Data:December 2022 I Source:Census,Oregon Office of Economic Analysis Tig' The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence CITY OF New Multifamily Construction in Oregon Monthly data at annualized rates for and Housing Starts 30,000 20,000 )111111 10,000 Jan-95 Jan-00 Jan-05 Jan-10 Jan-15 Jan-20 0,. ... Latest:December 2022 l Source:Census,Oregon Office of Economic Analysis The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence Tigard Oregon Households Struggling with Housing Costs Oregon households , or that spend more Than of income on housRn , do not have enough residual income after paying for housing, or have income below MIT's Living Wage 0 100,000 200,000 300,000 400,000 124,000(21%) Renters with '' 262,000(44%) cash rent 316,000(54%) 369,000 (63%) 31,000(4%) Owners with `;,144,000(20%) a mortgage 142,000(20%) 219,000 (31%) ■ Data:2021 ACS I Source:Census,IPUMS-USA,MIT,Oregon Office of Economic Analysis • CITY OF The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence Tigard Portland Homeownership Affordability Portland metro households who can afford median sold home with 5% down payment and total housing costs not exceeding 30% of income c, > ' 1 I Share of Households, right 400,000 40% 350,000 35% 300,000 + 30% i Drop from 250,000 � 32% to 19% 25% 4 or -131k 200,000 20% 150,000 15% 100,000 10% 50,0002 : : -,',, 1. '']';' :4i 00,000 20% 150,000 5% - 0% Jan-21 Jul-21 Jan-22 Jul-22 Jan-23 ■ Latest Data: November 2022 l Source: IPUMS-USA, RMLS,Oregon Office of Economic Analysis Tigard The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement • Excellence 1996 r„, -,,,,‘, _ _ ., ..,. , :.. ,, , . .,..., , , , ,, , ,, , wN Council Adoption of � p Tax Exemption for Non-Profit Affordable ` Housing 4 =.. I 1 1 1 (TMC 3.50) .3 ; Ill fri ' i litho II ' AES a ' 1 CITY OF Tigard The 5 E's—Tigard's Community Promise: Equity. Environment. Economy. Engagement. Excellence 2016 Tigard Affordable Housing Tigard Affordable Strategies Housing Strategies 2002 701f Report i ■ ltt. ■ flt: IN y. 9 NIP- • CITY OF __. ..... __. _...... Tigard The 5 E's—Tigard's Community Promise: Equity • Environment• Economy• Engagement • Excellence 2017 ., Council Adoption of Tigard Triangle Lean Code _, • . IIli — 1 t �.«r�I Ir iir i� l . •a li, iii p , 0.140:, , 1 1 h .iplfriI " ' L ) , e(j■ • I r p� li , 1' ++ I{! 8'e1 III j! V i�UU •ii t q ' l �� id IIIA. Ii. �` ! _ .s. '� (���� I ` 1 _,...., • CITY OF Ti a rd The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence 2018 , , Council Adoption o '‹ !. ILf System Development Char e Exemptions : g p i for Affordable Housing � � 11111? 11 � II ':_�.. ii' ;! hfi !®111 I,I tumuli L ii. � 1 1 --Nok...;, ---- . . . ..d ., riff , 0. _ ___,.... 0 ,. � . pa �0� � CITY OF - Tigard The 5 E's—Tigard's Community Promise: Equity. Environment. Economy. Engagement. Excellence 201 HOUSING ST / t " NEIGHBORHOOD OPTIONS Council Adoption of Housing Options Code Reforms Legalized middle housing, streamlined GOOD NEIGHOOP code wr.w�r e�wr ow*uwan w N4.+, 414.4.)10,...004 „4 8004 0108 817.84 771701 461 q I. 1+4511.420080 0741 In*r•weir,1,4 U 717.70.07 Et 000180-00 Tan 10 70110.+dl4.e8 00414444 I Tigard The 5 E's—Tigard'sCommunityPromise: Equity. Environment. Economy. Engagement. Excellence The Sharp Divergence in Housing Costs and Incomes Has Fueled a Long-Term 2019 Increase in Cost-Burdened Renters Percent Change 7S Tigard first designated 60 a rent burdened 45 ** * . community by state * under HB 4006 .....- _ ,, afigi miim am - aim. a Commenced annual 19.60 1970 1”. 1990 2000 2010 2016 rent burden meetings •Median Renter Income • Median GM%Rent t • Share oh Cost Burdens(Right scale) 1St Rests eel scams se allsotd ts$443the sass tle CPI II ft"14 ttess 3osts JCRS,tabsiervi 5f if . . 14ii ' -• CITY OF - Tigard The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence 2019 Affordable Housing Plan Council Adoption of Affordable Housing Plan ff E lel 1 Funded by state grant under HB 4006 I ii ,—� � l { �' I� !5:' t9MaM MI T_y� — '!br el " ^.", -.-.....-......n.r.0, .� A Tigard The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence 2019 Affordable Housing Plan Council Adoption of - { .1 . System Development = , Charge Exemption for ADUse w ` 1 ,,'; , 0 Sunsets July 31 , 2023 , may. ,,,n _ 44 is • CITY OF . Tigard The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement • Excellence 2019 Affordable Housing Plan I Council Adoption of Construction Excise 1111 Tax of 1 % I � oo 0 1 .! lir; r i. -4 `i Funds affordable:housing programs �v . , a4,z.nd incentives z � ku • CITY OF Tigard The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence 2020 Affordable Housing Plan Council Election to CDBG COMMUNITY DEVELOPMENT BLOCK GRANT Joint Entitlement in 7311 CommunityM M• � •• •1.11•ilii ern *: al NT Development Block ECONOMIC DEVELOPMENT ""`" PUBLIC FACILITIES&IMPROVEMENTS Grant Program .. EB HOUSING h t ** i. w ® "• E_,, F-13,..,,. II PUBLIC SERVICES 13111` ■ .... .. ■...... • •••..... CITY OF ' • ,i _... _. ' Tigard The S E's—Tigard's Community Promise: Equity. Environment. Economy. Engagement. Excellence 2020l : Affordable Housing Plan Tax Increment District a � -- - L - ' 11 : - Allocation to _kr4 a - lfll�l , litl .1 L k 1. L a � �� Affordable Housing K 31h1tII61111 u �� illfIlilll1III 1 m " ______i_. .. � 1411111 through Development d 1 IR t.,111---" _ ii1 ;, Assistance Program 1 ' - 11111111111 - - g J N n b k II I I 'I I 11_, x \` air: . -\\ -,.,c__., . , CITY OF - -------_- _ Tigard The 5 E's—Tigard's Community Promise: Equity. Environment. Economy. Engagement. Excellence 2021 It A Council Adoption of Tigard Housing Needs Analysis Update and Comprehensive h e n s i ve Plan City f Tigard p Housing Needs Analysis & Goal 10 Amendments Housing Market Analysis May 2021 Tigard The 5 E's—Tigard's Community Promise: Equity. Environment• Economy. Engagement. Excellence 2021 Affordable Housing Plan Partnership with Proud Ground Community Land Trust II I to Support Affordable Homeownership P R O U D GROUND 4 Houses Acquired Mr. Dtveanzig. Staid CITY OF Tigard The 5 E's—Tigard's Community Promise: Equity • Environment• Economy• Engagement • Excellence 2021 TCDA approval of ,. , Alongside Senior /�% ` � . . Housing Development �../ ,.:.. ,.., , pt,„, .. ,,,, - v--4 II 4. , • . . . it.,!'"':, . • , . I ,, . ' mar • L F rc, nI � _ • , a — • CITY OF Tiga rd The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement • Excellence 2022 ---,____,_H.--,,_____,_______________________________________„,____ _______________ _ , ______ \ w , 4 S . Council A royal of u ` ' ! pp J $ 1 .5 million in I , rii t � pandemic relief funds ; r -," Il r' ,. � ' r la r ilii ■ • to establish Middle 1111 lia Housing Revolving ,,. k. �, ` e�, �,. �� � .�'� n �g °'�' � `iy5 v- Loan Fund J Ad: h' � .v , , 1 ;: 1 Y Al W;, 9 ',` .1 � * ei h t ... . 414 t • CITY OF Tigard .5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence . A"Roadmap ;tom June 2023 Council consideratt. ion Y •,�-- -�" ;< r of an extension for ' ` -� w system Development . �` -� = . u �. s,. . Charge exemptions for Accessory _ _--- ,, . . Dwelling Units + t r -•,x204 y ...‘,4 '''''''''''''1.;'':,,,744. ‹;:4' A w ±r".;',21:,',;°•'-',14,0 .!:''':',', as '';''''+ t::' T"'. `� He •..• " "N , '''�',. u n rr e �a N, .' , 0 • CITY OF _._. _.. _... Ti g a rd The 5 Es-Tigard's Community Promise: Equity. Environment•. Economy• Engagement• Excellence s`i 4• k; City of Tigard Roadmap + `` ��, n3 ;�� River July2023 f, ,� t + , 4� S�Y ` eiii, � � ATerrace 2 .0 Council consideration - =i ' ,,: A Neighborhood for Everyone of acceptance of Metro grant to begin li *vita* 41 River Terrace 2.0 Community Planning , , ,' t , s 1 :' 1Even Mix t; .1'..k M 1,.y, k,; Even Mix , Main Street Vasil) Main Street • CITY OF -- - -- -- Tigard The 5 E's—Tigard's Community Promise: Equity • Environment• Economy• Engagement • Excellence Roadmap (ITV or CRISHAM Fall 2023 Rental Housing Inspection Program PRO( AM HISTORY eln 6ettmber"O07 rarn.bam ® 14 Council consideration uar.mausiy to neje a WHY hva6wtty Wnet rm®Iernenlabon Of ttlo Ornydln m A,CO1 thk aVndetary ritY.wnk W.Arum h45 hS:»me a MO I.I,., of ordinance adopting PROGRAM SUMMARY a rental registration corn"Y`t "'r {Otts atcimlo"� '"" Mrl7erlyes.n iare5ham Isom Nally hOA1e5 traler}r compta+a to,,,,..t Is•rt•WV* are y orgaol�.,away_ babtable analibons I8 WISh to it aUr and inspection tns support this pragram •Estatonal anti.mnxnm to•boaas 4 g anal Raba our and appreciate the tact wrtrr�ce ars rtxcw+w!nndytrru at ttaxnre.woes nrerrnmrs uang that the responsible program r.edml14ba owners and Tot tta bawls esety property "'te`"°nTM°" " " management agents are •+td.pi5 Pro zona thlerrtabanwl tkeanty ata Melt¢. CadottPNQturlisto41 by Pte CC iAvasUble carne) being treated fairly by •A atiot N Nrsnecbon chnestot,s osca.uvng mann.,a the process. tc wady...Cale welaba u and ranybart;a swab 0v aryl . ' 1 4 so irip-4 et 1 . 4,.. ,.,.. , , ., CITY OF ........ Tigard• The 5 E's—Tigard's Community Promise: Equity • Environment• Economy• Engagement• Excellence Thank you Questions? Comments? _..._ _... _._ __... _. _ _.... _.. . • CITY OF The 5 E's—Tigard's Community Promise: Equity• Environment• Economy• Engagement• Excellence Tiga rd AIS-5244 7. Business Meeting Meeting Date: 05/23/2023 Length (in minutes):30 Minutes Agenda Title: Police Services Levy Ballot Measure Date Selection Authored By: Kathy Nyland Presented By: Assistant City Manager Nyland Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Discuss and receive direction on continuation of the existing Police Services Levy. ACTION REQUESTED Staff is seeking direction from Council on how to proceed with the Police Services Levy, specifically when to place this measure on the ballot. Several considerations factor into this decision,including voter turnout, other measures on the ballot, and voter trends gleaned from this current election. BACKGROUND INFORMATION At its May 16,2023 meeting, Council received the recommendation to pursue a renewal of the current Police Services Levy. The purpose of this briefing is to determine the date for that election. Several considerations factor into this decision of when to place a ballot measure,including voter turnout, other measures on the ballot, and voter trends gleaned from this current election. Additionally, should a measure be placed on any ballot other than the May primary election or November general election, that would be considered a special election and the city would have to pay election costs. Voter Turnout in Washington County The figures below show the historic voter turnout in Washington County for both primary and general elections for Presidential years. 2016: •May 17,2016 Primary Election •Total Ballots Cast: 148692 •Registered Voters: 305326 •Overall Turnout: 48.70% •November 8,2016 General Election •Total Ballots Cast: 273702 • Registered Voters: 341315 •Overall Turnout: 80.19% 2020: •May 19,2020 Primary Election •Total Ballots Cast: 174532 •Registered Voters: 369288 •Overall Turnout: 47.26 •November 03,2020 General Election •Total Ballots Cast: 322760 •Registered Voters: 384808 •Overall Turnout: 83.88% Upcoming campaigns Currently,we are considering three potential ballot measures for the City of Tigard: Charter amendment, Police Services, then a potential bond to modernize facilities. We anticipate the Charter Review recommendations will be on the May 2024 ballot. In May 2019,voters approved a renewal of Tualatin Valley Fire&Rescue's (TVF&R) five-year local option levy to ensure fast and effective emergency response. TVF&R is placing an enhanced levy on the May 2024 ballot. Trends We are reviewing the performance of funding measures at the most recent special election last week and will present a high-level summary of results at the meeting on May 23rd.. The current Police Services Levy was approved by voters in May 2020.The Police Services Levy and the associated revenue expire at the end of 2025. Because of the important essential services provided by this levy,we are recommending that a ballot measure be considered by voters in 2024. Dates of Previous and Potential Future Considerations 3/26/2019 - Initial Discussion of Potential Local Option Levy and/or Bond 4/23/2019 - Discuss Local Option Levy and Facility Bond Alternative 6/25/2019 - Receive Presentation on Safe Routes to Schools Infrastructure Projects Levy Proposal 6/25/2019 - Discussion on Timing for the Police Facilities Bond 8/13/2019 - Consider Resolution to Appoint Members to the Levy&Bond Task Force 9/24/2019 - Receive Update on Local Option Levy Planning 11/5/2019 - Receive Update on Local Option Levy Planning 11/12/2019 - Receive Update on Local Option Levy Financials 2/17/2019 - Update on Local Option Levy and Report on Community Survey Results 1/7/2020—Council Goal Discussion and Local Option Levy (funding alternatives) 4/25/2023—Council review of Police Services Levy background and history 5/23/2023- Council discussion on continuation of a Police Services Levy ALTERNATIVES & RECOMMENDATION Council could choose not to provide direction to staff at this time,or could prefer different timing for a Police Services ballot measure. ADDITIONAL RESOURCES 2023-2025 City Goals and Actions: Enhance Community Safety and Accessibility. Pass a Police Services Levy. Police Services Levy page www.tigard-or.gov/policeservicelevy Police Transparency page www.tigard-or.gov/transparency Attachments No file(s)attached