City Council Packet - 11/05/2019 INCity of Tigard •
TIGARD Tigard Business Meeting—Agenda
TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND TIME: November 5,2019 - 6:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is
available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication
items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either
the Mayor or the City Manager.
Times noted are estimated;it is recommended that persons interested in testifying be present by 6:15 p.m. to
sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 6:30 p.m.
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• City of Tigard
Tigard Business Meeting—Agenda
TIGARD
TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD
MEETING DATE AND TIME: November 5,2019 - 6:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
6:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
A. Follow-up to Previous Citizen Communication
B. Citizen Communication—Sign Up Sheet
3. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board) The Consent Agenda
is used for routine items including council meeting calendars,appointments to boards and
committees and approval of contracts or intergovernmental agreements. Information on each item is
available on the city's website in the packet for this meeting.These items may be enacted in one
motion without separate discussion. Council members may request that an item be removed by
motion for discussion and separate action.Motion to:
A. CONSIDER INTERGOVERNMENTAL AGREEMENT WITH METRO FOR
WASHINGTON SQUARE GRANT AWARD
B. LOCAL CONTRACT REVIEW BOARD - CONSIDER CONTRACT AWARD FOR MAIN
STREET PHASE 2 DESIGN
•Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed f om the Consent Agenda
for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on
those items which do not need discussion.
4. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING A
CONSTRUCTION EXCISE TAX 6:40 p.m. estimated time
5. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TIGARD
MUNICIPAL CODE 3.50-TAX EXEMPTIONS FOR NON-PROFIT AFFORDABLE
HOUSING 7:10 p.m. estimated time
6. RECEIVE UPDATE,ON LOCAL OPTION LEVY PLANNING 7:30 p.m. estimated time
7. 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.
8. NON AGENDA ITEMS
9. ADJOURNMENT 8:15 p.m. estimated time
AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: November 5, 2019
(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 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.
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CITIZEN COMMUNICATION
1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\2019\2C Citizen Communication.doc
AIS-4004 3.A.
Business Meeting One
Meeting Date: 11/05/2019
Length (in minutes): Consent Item
Agenda Title: Consider Intergovernmental Agreement with Metro for Washington
Square Grant Award
Prepared For: Susan Shanks Submitted By: Susan Shanks,
Community
Development
Item Type: Motion Requested Meeting Type: Consent
Agenda
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the city enter into an intergovernmental agreement (IGA)with Metro to accept a grant award in the
amount of$250,000 from the Metro 2040 Planning and Development Grant Program to fund the
Washington Square Regional Center Update Project?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends that Council direct the City Manager to sign the attached IGA.This will enable the city to
engage a consultant team with expertise in land use planning,multimodal transportation planning,housing
and economic analysis,economic development,anti-displacement strategies,and community engagement to
do the necessary work to update the plans,policies,and regulations associated with Tigard's portion of the
Washington Square Regional Center.
KEY FACTS AND INFORMATION SUMMARY
At Council's direction, the city applied for a Metro 2040 Planning and Development Grant to fund the
Washington Square Regional Center (WSRC) Update Project.The city's grant application was successful,and
the attached IGA describes the terms and conditions for the city's acceptance and use of the grant funds. In
addition to these funds, the city has pledged$60,000 in matching funds toward the project. The matching
funds will be paid for out of Community Development's consultant budget and are intended to support the
project's community engagement efforts,particularly in those communities in the planning area that have been
historically underrepresented or marginalized.
PROJECT BACKGROUND
WSRC has much greater potential for high-density residential and employment-rich development than has
occurred since the original vision and regional center plan was adopted in 2000. The project assumes that the
main tenets of the original vision—dense,walkable,mixed-use development—remain valid but that an update
is necessary given the significant changes in the business and housing sectors in the past 20 years. The city
desires to build on and refine the original vision to facilitate equitable development,remove barriers to
redevelopment,and create more regional housing and employment options that are consistent with: (1)
Council goals to promote economic growth and community vitality in the regional center,and (2) the city's
strategic vision to be a walkable, healthy,and inclusive community.
The purpose of the WSRC Update Project is to:
•Understand market trends and the city's ability to influence these trends.
•Work with the community to build on and refine the land use and regulatory framework for the regional
center in response to market trends,city aspirations,and community priorities.
•Lay the groundwork for updating all applicable plans,policies,programs,and regulations associated with
the portion of the regional center within Tigard and the Tigard WSRC Plan District.
This project is timely and a priority for the following reasons:
•The region is experiencing a housing affordability crisis. WSRC has the potential to provide more
housing options for all kinds of households in a central location that has access to a variety of services
and employment opportunities.
•The city is undertaking a separate but related planning project to evaluate the supply and regulation of
employment lands in the city. The WSRC market analysis will contribute to the city's understanding of
regional market trends.
•WSRC is the closest regional center to the newest urban growth boundary expansion areas in Tigard,
Beaverton,King City,and Wilsonville.The regional center needs to evolve in order to serve these new
developing areas. Moreover,the city desires to balance its fiscal and physical approach to growth by
facilitating high-density,mixed-use,and centrally-located infill development in WSRC along with
low-density residential edge development in River Terrace.
•High-quality transit is a key component of a successful regional center,and it is important that transit
service to and within WSRC not be overlooked as TriMet moves forward with SW Corridor transit
planning.
OTHER ALTERNATIVES
City Council may choose to not accept the Metro grant. This would significantly curtail staffs ability to
implement the City and Council goals listed below. Staff does not have the in-house expertise or capacity to
do most of the work identified in the scope of work attached to the IGA.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
City Strategic Plan Goal 2—Ensure development advances the vision.
City Council Goal 2—Promote economic growth and community vitality by identifying and removing
barriers to redevelopment in Washington Square Regional Center.
DATES OF PREVIOUS CONSIDERATION
April 2019—Council approved Resolution No. 19-14 directing staff to submit a Metro grant application for
the Washington Square Regional Center Update Project.
Fiscal Impact
Cost: $60,000
Budgeted (yes or no): Yes
Where budgeted?: CD Consultant Budget
Additional Fiscal Notes:
Matching Grant Funds
Attachments
IGA MetroTigard-WA Square Grant
Contract No. 936295
2040 PLANNING AND DEVELOPMENT GRANT
INTERGOVERNMENTAL AGREEMENT
Metro—City of Tigard
Washington Square Regional Center Update
This 2040 Planning and Development Grant Intergovernmental Agreement(this"Agreement") is
entered into by and between Metro,a metropolitan service district organized under the laws of the state
of Oregon and the Metro Charter,located at 600 Northeast Grand Avenue, Portland OR,97232 ("Metro"),
and the City of Tigard,a municipality of the State of Oregon,located at 13125 SW Hall Boulevard,Tigard,
Oregon,97223 (the"City"). Metro and the City may be jointly referred to herein as the"Parties"or each,
individually as a "Party".
RECITALS
WHEREAS, Metro has established a Construction Excise Tax("CET"),Metro Code Chapter 7.04,
which imposes an excise tax throughout the Metro regional jurisdiction to fund regional and local
planning that is required to make land ready for development after inclusion in the Urban Growth
Boundary;and
WHEREAS,the CET is collected by local jurisdictions when issuing building permits,and is
remitted to Metro pursuant to Intergovernmental Agreements to Collect and Remit Tax entered into
separately between Metro and the local collecting jurisdictions;and
WHEREAS,the City has submitted a 2040 Planning and Development Grant Request attached
hereto as Exhibit A and incorporated herein (the"Grant Request") for the Washington Square Regional
Center Update (the"Project");and
WHEREAS,Metro has agreed to provide 2040 Planning and Development Grant Funds to the City
for the Project in the amount of$250,000 subject to the terms and conditions set forth herein (the"Grant
Funds"),and the Parties wish to set forth the timing,procedures and conditions for receiving the Grant
Funds from existing CET funds for the Project. In addition to the Grant Funds,$60,000 in matching funds
from the City will be used to fund the Project budget.
AGREEMENT
NOW THEREFORE,the Parties hereto agree as follows:
1. Metro Grant Award. Metro shall provide the Grant Funds to the City for the Project as approved by
the Metro Council in Resolution 19-5002 and as described in the Grant Request,subject to the terms and
conditions specified in this Agreement.
2. Project Management and Coordination. The Parties have appointed the staff identified below to act as
their respective project managers (each a"Project Manager"and collectively"Project Managers")with the
authority and responsibility described in this Agreement:
For the City: Susan Shanks
Senior Planner
City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
503-718-2454
susans@tigard-or.gov
2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&The City of Tigard Page 1
Contract No. 936295
For Metro: Deb Meihoff,Communitas
Metro
600 NE Grand Avenue
Portland,OR 97232
503.358.3404
deb@communitasplanning.com
Metro and the City may each designate an additional or replacement Project Manager by providing
written notice to the other party.
3. Mutual Obligations of both the City and Metro. The Parties and their respective Project Managers will
collaborate to oversee the successful implementation of the Project as follows:
(a) Selection of Consultants.The Project Managers will work together to identify consultants best
qualified to perform the scope of work described in Request for Proposals,attached hereto as
Exhibit B.The Project Managers and any additional reviewers selected by the Parties will jointly
review proposals from consultants and select a mutually agreeable consultant team to perform
the work required to successfully complete the Project.
(b) Schedule of Milestones.The Parties have agreed to a preliminary schedule of milestones for
completion of the Project,which is attached hereto as Exhibit C (the"Milestones").After the
Project Managers have selected a consultant team as described in subsection 3(a),the Parties each
expressly delegate authority to their respective Project Managers to prepare a revised schedule of
Milestones that will provide more detailed performance timelines for the Project, including
specific consultant and/or City deliverables for each Milestone,and establishing the amount of
Grant Funds to be disbursed by Metro upon satisfactory completion of each Milestone.The Parties
agree that once the Milestones are supplemented and revised by the Project Managers in
accordance with this subsection,the revised version of Exhibit C will become final and binding on
the Parties unless and until it is later amended as allowed under paragraph 10 of this Agreement.
(c) Project Committee(s). The Project Managers will jointly determine the role of the Project
steering/technical/advisory committee(s),if any,and the composition of such committees or
other bodies. Metro's Project Manager or a designated staff person will participate as a member of
any such committee.
4. City Responsibilities. The City shall perform the work on the Project described in the Grant Request,
and as specified in the Milestones,subject to the terms and conditions specified in this Agreement.
(a) Use of Grant Funds. The City shall use the Grant Funds it receives under this Agreement only for
the purposes specified in the Grant Request and to achieve the Milestones as set forth in this
Agreement. In the event that unforeseen conditions require adjustments to the Project scope,
approach or schedule,the City shall obtain Metro's prior written approval before implementing
any revisions to the Project.
(b) Consultant Contract(s). After the Project Managers have selected the consultant team and
completed a revision of the Milestones as described above in section 3,the City shall enter into a
contract(s) with the selected consultant team to complete the work as described in the Milestones
as revised ("Consultant Contract").The contract(s) entered into by the City shall reference this
agreement and reflect the Scope of Work and the Milestones,as revised.
2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&The City of Tigard Page 2
Contract No. 936295
(c) Submittal of Grant Deliverables.Within 30 days after completing each of the Milestones,the City
shall submit to Metro all required deliverables for such Milestone,accompanied by an invoice
describing in detail its expenditures as needed to satisfy fiscal requirements.Deliverables must be
submitted to Metro as outlined in the Milestones,as revised;the City shall not submit additional
deliverables and invoices to Metro for later Milestones until Metro has reviewed and approved all
prior deliverables under paragraph 5 of this Agreement.
(d) Matching Contribution. The City commits to a matching contribution of up to$60,000 (the"City
Match"). The City Match is a reimbursement of actual costs incurred under the applicable
Consultant Contract or as a direct expense for the deliverables identified in the Milestones as
requiring City Match. The City Match will be paid directly to the applicable vendor or the
consultant team pursuant to the terms of the Consultant Contract.
5. Metro Responsibilities.Metro's funding commitment set forth in this Agreement shall be fulfilled solely
through CET funds; no other funds or revenues of Metro shall be used to satisfy or pay any CET grant
commitments.Metro shall facilitate successful implementation of the Project and administration of Grant
Funds as follows:
(a) Advisory Role. The Metro Project Manager shall take an active role as part of the Project Advisory
Team and at the request of the City Project Manager will review and comment on draft project
documents to communicate any concerns prior to the formal submission of the deliverables for
each Milestone.
(b) Review and Approval of Grant Deliverables.Within 15 days after receiving the City submittal of
deliverables as set forth in the Milestones (as revised),Metro's Project Manager shall review the
deliverables and either approve the submittal,or reply with comments and/or requests for
further documentation or revisions that may be necessary.The Metro Project Manager shall
determine whether the deliverables submitted are satisfactory in meeting the Scope of Work and
the applicable Milestones.
(c) Payment Procedures.Subject to the terms and conditions in this Agreement,Metro shall
reimburse the City for its eligible expenditures for the applicable deliverable as set forth in
Revised Exhibit C within 30 days following the Metro Project Manager's approval of deliverables,
invoices and supporting documents.
6. Project Records. The City shall maintain all records and documentation relating to the expenditure of
Grant Funds disbursed by Metro under this Agreement,as well as records and documentation relating to the
financial match being provided by the City for the Project.Records and documents described in this section
shall be retained by the City for three years from the date of completion of the Project,expiration of the
Agreement or as otherwise required under applicable law,whichever is later. The City shall provide Metro
with such information and documentation as Metro requires for implementation of the grant process. The
City shall establish and maintain books,records,documents,and other evidence in accordance with generally
accepted accounting principles,in sufficient detail to permit Metro or its auditor to verify how the Grant
Funds were expended,including records demonstrating how the City matching funds were expended.
7. Audits.Inspections and Retention of Records. Metro,together with its auditors and representatives,shall
have reasonable access to and the right to examine,all City records with respect to all matters covered by this
Agreement during normal business hours upon three business days'prior written notice to the City. The
representatives shall be permitted to audit,examine,and make excerpts or transcripts from such records,
and to make audits of all contracts,invoices,materials,payrolls and other matters covered by this Agreement.
All documents,papers,time sheets,accounting records,and other materials pertaining to costs incurred in
2040 PLANNING & DEVELOPMENT GRANT IGA—Metro&The City of Tigard Page 3
Contract No. 936295
connection with the Project shall be retained by the City and all of their contractors for three years from the
date of completion of the Project,or expiration of the Agreement,whichever is later,to facilitate any audits or
inspection.
8. Term. Unless otherwise terminated under paragraph 9,this Agreement shall be effective on the last
date it is executed by the parties below,and shall be in effect until all Milestones and deliverables have
been completed,all required documentation has been delivered,and all payments have been made as set
forth in the Milestones,as revised.
9. Termination. Metro may terminate this Agreement and cancel any remaining Grant Fund payments
upon a finding by the Metro Chief Operating Officer that the City has abandoned its work on the Project or
is otherwise not satisfying its obligations under this Agreement regarding the requirements of the grant.
10. Amendment.This Agreement may be amended only by mutual written agreement of the Parties.
11. Other Agreements.This Agreement does not affect or alter any other agreements between Metro and
the City.
12. Waiver. The Parties hereby waive and release one another for and from any and all claims,liabilities,
or damages of any kind relating to this Agreement or the Grant Funds.
13. Authority. City and Metro each warrant and represent that each has the full power and authority to
enter into and perform this Agreement in accordance with its terms; that all requisite action has been
taken by the City and Metro to authorize the execution of this Agreement;and that the persons signing
this Agreement have full power and authority to sign for the City and Metro,respectively.
14. Counterparts. This Agreement may be executed in one or more counterparts,each of which shall be
deemed an original and together shall constitute a single document. Electronic signatures,as well as
copies of signatures sent by facsimile or electronic transmission,shall be deemed original signatures for
all purposes and shall be binding on the Parties.
[Signature Page Follows]
2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&The City of Tigard Page 4
Contract No. 936295
METRO THE CITY OF TIGARD
By: By:
Andrew Scott Marty Wine
Interim Chief Operating Officer City Manager
Date: Date:
Approved as to Form: APPROVED FOR LEGAL SUFFICIENCY
FOR THE CITY:
By:
Carrie MacLaren By:
Metro Attorney Counsel for CITY OF TIGARD
Date:
Attachments:
Exhibit A-Grant Request
Exhibit B-Request for Proposals
Exhibit C-Schedule of Milestones
2040 PLANNING&DEVELOPMENT GRANT IGA—Metro&The City of Tigard Page 5
METRO CONTRACT 936295
EXHIBIT A
Project: Washington Square Regional Center Update
Funds requested: $250,000 Matching funds: $60,000
In the space allotted after each question, use text styles, bullet lists,tables or other formatting as desired or appropriate to
improve the clarity and legibility of your application. Please use 11 point black text and be succinct with your responses;is
not necessary to use all of the space allowed.
Clear development outcomes
1. Describe the proposed project and the specific goals to facilitate development in your community.Who are the project
partners(if any)and why is this a priority? (Limit your response to page 1.)
The Washington Square Regional Center has much greater potential for high-density residential and
employment-rich development than has occurred since its designation as a regional center in 1995.The
purpose of this project is to lay the foundation for updating all applicable plans, policies,and regulations
associated with the portion of the regional center within Tigard in order to remove barriers to redevelopment,
facilitate more compact and efficient use of land,and create more regional housing and employment options.
This project is timely and necessary given the significant changes underway in the retail,transportation, and
housing sectors since the adoption of the original vision and regional center plan 20 years ago.
The specific development goals for this project include, but are not limited to:
• Supporting more compact and efficient use of the Washington Square Mall site,the largest single land use
and property owner within the Tigard portion of the Washington Square Regional Center;
• Facilitating more centrally located housing at a variety of price points and protecting existing market-
affordable housing wherever possible;
• Updating zoning and regulations that result in more redevelopment and expansion opportunities for
existing conforming and nonconforming businesses;and
• Identifying transportation,transit, and utility infrastructure needs for development and creating a
prioritized list of strategic public and private infrastructure investments.
This project is a priority for Tigard for a number of reasons:
• Macerich,the owner of Washington Square Mall, is interested in expanding beyond the retail mall model
by building walkable, mixed-use development alongside the mall that is a mix of housing, destination
businesses, and community open space. There is concern that these redevelopment plans would be
difficult or impossible to achieve under current zoning regulations;
• Development in River Terrace,the city's most recent urban growth boundary expansion area,is occurring
at a rapid pace. The city desires to balance its fiscal and physical approach to growth by facilitating mixed-
use, centrally-located infill development in Washington Square along with single-use, residential edge
development in River Terrace;and
• The region is experiencing a housing supply and affordability crisis.The city desires to extend its
commitment to providing housing that meets the social,financial,and physical needs of its residents by
focusing on increasing the supply of housing in Washington Square at a variety of price points.
Key project stakeholders are the City of Beaverton,Washington County, and the Community Participation
Organizations (CPO)of Beaverton and Metzger(CPO 4M). Beaverton has expressed great interest in working
with Tigard on this project. Other stakeholders include local utility providers,e.g.Clean Water Services and
Tualatin Valley Water District; regional and state transportation providers, e.g. TriMet and Oregon Department
of Transportation; property owners, e.g. Macerich (Washington Square Mall owner);and the local business
and development community.
METRO CONTRACT 936295
EXHIBIT A
2. What are the major project elements,the deliverables you envision,and the outcomes you seek to achieve?Provide a
bulleted list outline of the components or phases of work, the scope of work for each,the key deliverables to be produced
and the general timeframe to complete the project. (Limit your response to page 2.)
Engaging the community and performing the technical analysis necessary to update the applicable plans,
policies,and regulations associated with the Washington Square Regional Center is expected to take about 18
months from grant award and include the following activities and deliverables:
• Project Management Plan
• Community Engagement Plan—including the formation of technical and citizen advisory committees and
robust business and community outreach, particularly to the Metzger community.
• Existing Conditions Report—including an evaluation of all applicable plans, policies, studies,and
boundaries and an assessment of physical, environmental,and economic conditions.
• Needs,Opportunities,and Constraints Report—including the identification of any infrastructure
deficiencies or regulatory or market barriers that are preventing desired development.This report should
build off the Existing Conditions Report and incorporate findings from expert interviews and a market and
housing capacity analysis.
• Development Goals and Objectives Report—with a focus on updating the original regional center vision
with new community input and the city's strategic plan for a diverse,equitable, and inclusive community.
• Transportation Sensitivity Analysis—with a focus on understanding whether the preferred land use and
transportation framework is expected to significantly impact the transportation system within and
adjacent to the regional center.
• Land Use and Transportation Evaluation and Recommendation—including a review of all boundaries
associated with the regional center;the development and evaluation of two to three land use and
transportation framework options that includes all modes of travel at an appropriate level of detail within
and adjacent to the regional center;and recommendations for amending plans, policies, and regulations
to support the preferred land use and transportation framework.
• Metzger Community Stability Plan—with a focus on defining the community's boundaries and aspirations
for its future given its proximity to Washington Square, a regional center, and Tigard Triangle,a town
center,and how development in these areas may contribute to gentrification of this community and
possible displacement.
The city plans to begin work on this project in June 2019. Any grant award would be used to pay consultants to
prepare deliverables that the city does not have in-house expertise or capacity to prepare.The geographic
scope of the project is limited to land within the City of Tigard,with the exception of outreach to the Metzger
community which is located in Tigard and unincorporated Washington County.The city will make every effort
to expand the scope of all deliverables to include land within Beaverton and unincorporated Washington
County where practicable, especially with regard to an analysis of the surrounding transportation system.
Project outcomes include public engagement and technical analysis to support potential amendments to:
• Tigard's plan district regulations, zoning map, and infrastructure master plans.
• Tigard's financial policies and economic development programs, including the Vertical Housing
Development Zone boundary.
• Beaverton and Washington County's zoning maps and infrastructure master plans.
• Metro's 2040 Growth Concept map.
METRO CONTRACT 936295
EXHIBIT A
3. Review the Performance Measures Guidelines on page 41 of the Application Handbook. Identify below 3-5
performance measures you will use to evaluate the project's success. (Limit your response to the top half of page 3.)
Engagement of Businesses and Property Owners
• Number of businesses and owners contacted
• Level of support or opposition from the business community during any legislative amendment process
Equitable Community Collaboration
• Development of a Metzger Community Stability Plan supported by the Metzger community,Washington
County,and the City of Tigard
Evaluation of Opportunities and Constraints
• Identification of infrastructure needs and corresponding updates to applicable master plans
• Identification of regulatory barriers and development of a code amendment proposal
Amendments to Regulations and Codes
• Adoption of proposed legislative code package
Adoption of New Incentives
• Adoption of proposed policies or programs
Advances and complements regional goals and policies
4. How will this project facilitate development while advancing established regional planning and development goals?
Describe how the project will help to implement the 2040 Growth Concept, its alignment with the Urban Growth
Management Functional Plan, and the Six Desired Outcomes stated in the Regional Framework Plan. (Limit your response
to the bottom half of page 3.)
Washington Square is one of eight regional centers in the 2040 Growth Concept. Regional centers are described
as "hubs of commerce and services serving hundreds of thousands of people"and characterized by"compact
employment and housing development served by high-quality transit." However, e-commerce has significantly
disrupted the retail sector, and the region is in the middle of a housing crisis.This project will facilitate
development—most notably redevelopment of Washington Square Mall—and advance the region's planning
and development goals in important and synergistic ways—especially with regard to the development of more
housing.
• Washington Square has the potential to provide more housing options for all kinds of households in a
central location that has access to a variety of services and employment opportunities.This advances a
number of regional goals related to compact and efficient urban form, land use and transportation
planning, quality of life, and the environment.
• Washington Square Mall is inextricably tied to the identity and success of the regional center,and the mall
has not been immune to retail market changes.The mall site has substantial redevelopment potential, and
its continued success is critical for the overall vitality and prosperity of the regional center.
• Washington Square is the closest regional center to the newest urban growth boundary(UGB)expansion
areas in River Terrace,South Cooper Mountain, King City, and Wilsonville.The regional center needs to
continue to evolve in order to serve these new developing areas as envisioned by the 2040 Growth Concept.
Moreover,the City of Tigard desires to balance its approach to growth by not overlooking its regional center
in favor of edge development in keeping with Metro expansion policy.
• SW Corridor transit planning is proceeding, and a light rail station is not proposed in or adjacent to
Washington Square. High-quality transit is a key component of a successful regional center,and it is
important that transit service to and within Washington Square not be overlooked as TriMet moves
forward with SW Corridor transit planning.
METRO CONTRACT 936295
EXHIBIT A
5. How will the project help to advance racial equity in the metro region?(Limit your response to the top half of page 4.)
The Metro 2040 Growth Concept was adopted in 1995, and Tigard adopted the Washington Square Regional
Center Plan five years later in 2000.This plan, and the policies and regulations that were developed as result of
this plan, are 20 years old and were not designed to advance racial equity in any way. On the one hand,this
project is a unique opportunity for the city to embed its strong commitment to diversity, equity,and inclusion
into a new set of development goals and objectives for Washington Square. On the other hand,the city
recognizes that this project,specifically the successful redevelopment of Washington Square,could potentially
contribute to localized gentrification and displacement of low-income residents.
This is why the project has a two-pronged approach to advancing racial equity.The first involves
understanding and unlocking the housing potential that exists in Washington Square in a way that serves the
region's diverse population. The second involves working to protect existing market-affordable housing in and
adjacent to the regional center where it is potentially at risk for accelerated gentrification as a result of the
kind of redevelopment envisioned by the 2040 Growth Concept and the owners of Washington Square Mall.
To this end,the city proposes to do additional outreach to the Metzger community, a racially diverse and
historically affordable community to the east of Washington Square Mall, in order to understand and support,
where possible,the community's aspirations for its future.The culmination of this work would be a deliverable
entitled the Metzger Community Stability Plan. If displacement is identified by the community as a concern,
this plan, at a minimum,would include strategies to help prevent community members from being priced out
of their homes. Since the Metzger community is partly within Tigard but mostly within unincorporated
Washington County,this effort would involve extensive coordination with Washington County.
Aligns with local goals/maximizes community assets
6. Describe why you propose to take on this particular project at this time. How does the project relate to previous actions,
goals, policies or strategies already identified or implemented by your jurisdiction/organization or other project partners?
(Limit your response to the bottom half of page 4.)
The city proposes to undertake this project at this time for the following reasons:
• With work underway in both the Tigard Triangle and Downtown Tigard,this project was identified by the city
as its next long-range planning priority.This project directly implements one of the city's goals to promote
economic growth and community vitality specifically as it relates to removing barriers to commercial,
industrial,and high-density residential development in Washington Square (City Council Goal#2).
• The region is experiencing a housing supply and affordability crisis.The city desires to extend its commitment
to providing housing that meets the social,financial, and physical needs of its residents by focusing on
increasing the supply of housing in Washington Square at a variety of price points and protecting existing
market-affordable housing wherever possible.This is reflected in several of the city's adopted goals to grow
responsibly and equitably to meet the needs of its diverse population (City Council Goals#2 through#4).
• Development in River Terrace,the city's most recent urban growth boundary expansion area, is occurring at a
rapid pace. The city desires to balance its fiscal and physical approach to growth by facilitating mixed-use,
centrally-located infill development in Washington Square along with single-use, residential edge
development in River Terrace.This is captured in two of the city's adopted goals to grow in a smart and fiscally
responsible manner(City Council Goals#2 and#3).
• Macerich,the owner of Washington Square Mall, is actively developing plans to expand beyond the retail mall
model by building walkable, mixed-use development alongside the mall,which is consistent with the city's
adopted goal to enhance walkability (City Council Goal#5).
METRO CONTRACT 936295
EXHIBIT A
7. How would the project leverage aspects of the existing community fabric such as key development sites or urban form?
How would it complement existing assets,facilities, or amenities such as historic districts,employment centers, natural
features, parks or transit?(Limit your response to the top half of page 5.)
The Washington Square Regional Center is 827 acres in size with very distinct development subareas. It
contains a number of unique large sites such as the Washington Square Mall, Lincoln Center, and Crescent
Grove Cemetery in Tigard and the RedTail Golf Course in Beaverton. Approximately 35%of the regional
center's acreage is within Tigard. Of Tigard's 288 acres, Washington Square Mall occupies 105 acres.
The regional center is bisected by Highway 217, Portland and Western Railroad tracks,and several major
regional transportation corridors such as Scholls Ferry Road and Hall Boulevard.The railroad tracks are utilized
by freight and commuter rail, i.e. Westside Express Service (WES), and there is a WES station on the west side
of Highway 217 near Hall Boulevard. Fanno Creek and Ash Creek,with associated trails and wetlands, border
the regional center on its western and southern edges.
The project will leverage many aspects of the existing community fabric.
• It will work closely with the owners of the Washington Square Mall as they move forward with their
redevelopment plans.
• It will evaluate the existing transportation system in and adjacent to the regional center and identify
where access,safety, and mobility improvements could be made in coordination with the Oregon
Department of Transportation, City of Beaverton,and Washington County.
• It will work with TriMet to evaluate transit service and associated infrastructure in and adjacent to the
regional center and make recommendations for improvements. WES station access and transit
facilities, including sidewalk connections,are of particular interest.
• It will engage with the many commercial and industrial businesses on the west side of Highway 217 to
understand their needs and concerns so as to better support their continued prosperity and growth.
• It will evaluate whether existing development is negatively affecting the health of the adjacent creeks
and associated riparian areas and identify where stormwater management improvements could be
made in coordination with Clean Water Services.
Team roles and capacity
8. Describe the skills and experience of the lead staff person who will manage all aspects of the grant project and oversee the
project team's collaboration and consultant work. (Limit your response to the bottom half of page 5.)
Project management and the local funding match for this project will come from the City of Tigard.This project
will be led by Senior Planner, Susan Shanks. Ms.Shanks has managed several large and complex grant-funded
projects in her career. She has successfully led several interdepartmental and interdisciplinary teams and has
extensive experience working with many of the local planning, engineering, and financial consulting firms with
the necessary skills to complete this project.
Her recent experience includes project management for the 500-acre River Terrace Community Plan in Tigard
(which included five related infrastructure master plans and a finance strategy);Tigard Triangle Urban Renewal
Plan (which included a public education campaign for a citywide vote);and the Tigard Triangle Lean Code and
Rezone (which included a Transportation Planning Rule analysis component).
METRO CONTRACT 936295
EXHIBIT A
9. Complete the table below to clearly describe the roles and responsibilities of the applicant and each of the key project
partners to accomplish the goals of the project. Also include consultant expertise needed. (Add or adjust rows as needed
but please limit table to page 6.)
Jurisdiction or partner Project role and responsibilities
(include lead staff names)
Tom McGuire, Project Director
City of Tigard
Susan Shanks, Project Manager
City of Tigard
Schuyler Warren, Project Planning Staff(Housing)
City of Tigard
Dave Roth, Project Planning Staff(Transportation)
City of Tigard
Dylan Bemis, Project Planning Staff(Economic Development)
City of Tigard
Lauren Scott, Project Community Engagement Coordinator
City of Tigard
Engineering Team, Project Staff
City of Tigard
Planning/Engineering Staff Project partner and TAC member
City of Beaverton
Planning/Engineering Staff Project partner and TAC member
Washington County
Consultant Team Expertise in land use and transportation planning, civil engineering,
economic development, and market and financial analysis
Community-Based Expertise in outreach and engagement with diverse communities,
Organization particularly Hispanic communities
METRO CONTRACT 936295
EXHIBIT A
Likelihood of implementation
10. What governing bodies or private parties will have to act to ultimately implement the project?What is the extent of their
authority to make policy or commit investments?Describe the roles the key project partners will have to play over time in
order to fully and successfully implement the project and realize the envisioned development benefits in your community.
(Limit your response to the top half of page 7.)
The City of Tigard has land use authority over land within its city limits, and the Tigard City Council has the
authority to adopt new zoning, land use regulations,financial incentives,and housing and economic
development policies for its portion of the Washington Square Regional Center. At a minimum,the City of
Tigard will likely need to develop and adopt code and zoning map amendments to fully implement this project.
It will also potentially need to develop and adopt financial incentives or other housing and economic
development policies specific to this area. Similarly, City of Beaverton and Washington County have land use
authority over land within their respective boundaries,and implementation of any project recommendations
or conclusions would require local legislative action on their part.
Other key parties with project implementation roles to play are as follows:
• Macerich,the owner of Washington Square Mall, is the only entity with authority to redevelop the
mall site.
• Metzger community members, Washington County, and City of Tigard will all likely have roles to play
in developing and implementing the Metzger Community Stability Plan.
• Depending upon the final set of project recommendations and conclusions,various public agencies
such as TriMet, Oregon Department of Transportation,and Clean Water Services will all likely have
roles to play in making specific future infrastructure investments.
11. Identify and describe the potential opportunities and threats that could affect the successful implementation of this
project. (Limit your response to the bottom half of page 7.)
Potential opportunities that could contribute to the success of this project include:
• Timely and thoughtful redevelopment of Washington Square Mall in coordination with this project.
• Synergy with other affordable housing and equity projects currently underway in Tigard.
• Synergy with a commercial and industrial lands zoning update project soon to be underway in Tigard.
• Tigard City Council commitment to grow in a responsible and equitable manner.
• Presence of existing Metzger community relationships that exist because of past and current outreach
to the Metzger Elementary School and Community Participation Organization (CPO 4M).
Potential threats that could affect the success of this project include:
• Lack of funds or political will to follow through with all of the project's recommendations,especially
those that relate to advancing racial equity.
• Accelerated gentrification as a result of regional center redevelopment that results in displacement of
existing Metzger residents.
• Disinterest in or opposition to the planning process by the business community or existing Metzger
residents.
Key to the success of this project will be to build buy-in and commitment to the goals of the project by
reaching out early and frequently to all affected stakeholders.
METRO CONTRACT 936295
EXHIBIT A
Public involvement
12. What community members or stakeholders will be most affected by the implementation of the project's development
outcomes?Discuss how the public(including neighbors, businesses, property owners and other key stakeholders)and
historically marginalized communities(including low-income populations and people of color)will be involved in the
project. Be specific about the methods you intend to use,and whether your organization or consultants will be leading
the engagement work. (Limit your response to page 8.)
The following community members and stakeholders will be most affected by the implementation of the
project's development outcomes:
• Existing and future property owners
• Existing and future businesses
• Existing and future residents
• Existing and future employees
• Existing and future visitors
As discussed in Questions 13 and 14,the public and historically marginalized communities will be involved
throughout the project on a number of levels. They will be contacted to contribute their knowledge during the
data collection phase for the Existing Conditions Report and the Needs,Opportunities,and Constraints Report.
They will also be invited to participate on the Citizen Advisory Committee.This committee will help shape the
project's development goals and objectives and choose the preferred land use and transportation framework
amongst other things. Lastly, some may be asked to help implement the project's final recommendations and
conclusions, particularly the Metzger Community Stability Plan.
The city will lead the public engagement effort for outreach to businesses, nonresidential property owners,
neighborhood organizations, and the general public.The city proposes to contract with a community-based
organization with expertise in outreach to diverse communities for help with engaging the Metzger
community.
The city will reach out and involve the public and historically marginalized communities in many different
ways, including but not limited to:
• Mailings
• Cold calls
• Door knocking
• Social media
• Online surveys
• Community open houses
• Focus groups
The city's overall approach to public engagement for this project is to do it early,frequently,and broadly
through a number of avenues.
METRO CONTRACT 936295
EXHIBIT A
13. Identify any committees that will be engaged in the project. Describe how committee members will be selected,the
extent of their involvement and their scope of authority to determine the project goals, process, or implementation. (Limit
your response to the top half of page 9.)
The project will convene a Citizen Advisory Committee (CAC) and Technical Advisory Committee (TAC)to serve
for the duration of the project.The project will also utilize existing standing committees in Tigard, including but
not limited to the Tigard Transportation Advisory Committee,Tigard Development Advisory Committee, and
the Tigard Planning Commission,for additional input.
CAC membership will include representation from affected neighborhood organizations in Tigard, Beaverton,
and Washington County; affected businesses and property owners; affordable housing advocates and
organizations operating in the area;and other interested parties from the community. Care will be taken to
ensure a racially and economically diverse membership that reflects the composition of affected residents and
businesses. Depending upon the size and composition of the committee, project staff may suggest the
formation of subcommittees to ensure that meetings are productive and all members feel heard. CAC members
will be involved in shaping development goals and guiding community engagement efforts. Some may
eventually be involved in project implementation, specifically Metzger Community Stability Plan
implementation.
TAC membership will include representation from all affected agencies and jurisdiction including, but not
limited to: City of Tigard,City of Beaverton,Washington County, Metro,TriMet, ODOT,Clean Water Services,
Tigard and Beaverton Chambers of Commerce, Westside Economic Alliance,Tualatin Valley Fire and Rescue,
and Tigard Tualatin School District. TAC members will be chosen by their respective agency or jurisdiction.Their
involvement will be advisory in nature; however,as stated in Question 10,some may also be involved in project
implementation.
14. Describe how public process and the committee/community input will strengthen the project outcomes and increase
likelihood of implementation. (Limit your response to the bottom half of page 9.)
Public input will be both broad and deep with engagement divided equally between the following groups:
• Washington Square Mall
• Metzger community
• Businesses east of Highway 217
• Businesses around and in Lincoln Tower
• Affected jurisdictions and service providers
Using various outreach strategies tailored to each group, project staff will contact representatives of each
group and gather information to inform the various deliverables outlined in Question 2. All deliverables will be
vetted and refined through the citizen and technical advisory committees described in Question 13,which in
turn will inform the project's final recommendations and conclusions.
The city plans to start contacting these groups in June 2019 in order to begin building relationships and setting
the stage for the upcoming work, including participation in the CAC and TAC. The city believes that early
engagement and project visibility will strengthen the community's investment in the success of the project and
greatly improve the likelihood of implementation.
METRO CONTRACT 936295
EXHIBIT A
Applicant track record
15. Describe any similar planning and development projects your organization or jurisdiction has implemented in the last 5
years and how that experience will inform this project. How successful have these projects been in delivering the proposed
development outcomes?(Limit your response to the top half of page 10.)
Over the past five years,the City of Tigard has used local,state,and regional funding to facilitate
transformative change and innovative planning in Downtown Tigard, River Terrace, and the Tigard Triangle.
Tigard's 2013 Metro grant award for the Downtown Mixed-Use Development Project provided predevelopment
services for two targeted sites in downtown Tigard.This funding was crucial in securing a development partner
to build a $30 million mixed-use project with 165 units.The city plans to use its experience with building
public/private partnerships to leverage redevelopment of the Washington Square Mall site.
Tigard's 2014 Metro grant award for the River Terrace Community Plan laid the foundation for substantial
investments in infrastructure by the City of Tigard,Washington County, and the private sector that led to
significant development activity in River Terrace.The city plans to apply its experience in infrastructure
planning and funding to the infrastructure needs in the Washington Square Regional Center.
Tigard's 2016 Metro grant award to implement the Tigard Triangle Strategic Plan resulted in voter approval of
a new urban renewal district in May 2017 and the creation of innovative development standards and
procedures that is spurring affordable housing and mixed-use development projects in the area.The city plans
to apply its experience in town center planning and implementation to the Washington Square Regional
Center.
Tigard's 2018 Metro grant award for the Tigard Triangle Urban Renewal Implementation Project is focusing on
strategic public investment in infrastructure to support equitable development. The city plans to apply what its
learning about outreach to underrepresented communities and equitable development to this project.
Replicable best practices
16. Consideration will be given to applications that demonstrate best practices that can be easily replicated elsewhere. Discuss
how lessons learned from the project could be applied to other projects in your community or in other parts of the region.
(Limit your response to the bottom half of page 10.)
Lessons learned from this project could readily apply elsewhere in the region.
• The primary focus of this project is long-term regional center planning.There are seven other regional
centers within the Metro region that could benefit from what the city learns about: (1) responding to the
rapidly changing retail market, (2)facilitating the construction of housing at a variety of price points, and
(3) preventing successful redevelopment from negatively impacting existing adjacent low-income residents.
• Instead of stopping at the city limits,this project proposes to break new ground by committing resources
to a place outside of the city that is home to a historically diverse and low-income community and that the
city believes may be negatively affected by this project.This approach could prove useful to other
jurisdictions faced with similar situations and reframe what it means to advance racial and economic
equity.
METRO CONTRACT 936295
EXHIBIT A
Grant leverage and project budget
Budget table and narrative
17. Use the budget table template provided to show the estimated project costs by major phase or element and any additional
matching funds committed to the project.The budget table should reflect the project outline provided in question#t2.
Indicate estimated costs for consultant work as well as other direct project expenses. Use market averages or bid
estimates for consultant services. In the space below, describe methodologies used for estimating all direct project costs.
(Limit your response to page 11.)
The city proposes a budget of$75,000 for community engagement work,of which $60,000 is pledged by the
city as a cash match.The proposed budget for community engagement breaks down as follows:
• $40,000 Community-based organization contract for Metzger community outreach.
• $25,000 Consultant assistance with community events and CAC/TAC meetings.
• $10,000 Other direct costs associated with postage and printing for mailings; document
translation;and food,childcare,and translation services at meetings.
The$50,000 proposed budget for the Needs, Opportunities, and Constraints Report breaks down as follows:
• $0 Business and agency outreach by city
• $15,000 Consultant assistance with focus groups
• $25,000 Market and housing capacity analysis by consultant
• $10,000 Final report by consultant
The$30,000 proposed budget for the Metzger Community Stability Plan is in addition to the public
engagement budget for Metzger outreach.The city proposes to use this budget to contract with a consultant
with expertise in anti-displacement strategies.
The city proposes a relatively small budget for the Existing Conditions Report and the Development Goals and
Objectives Report($5,000 each) because it plans to do most of this work in-house.The city proposes a
relatively large budget for the Land Use and Transportation Evaluation and Recommendation because the
proposed work involves the development of two to three land use and transportation framework options and
extensive evaluation of the transportation network, including pedestrian,transit, and bicycle access and
safety.
With the exception of the Metzger Community Stability Plan, all proposed budget amounts are based on
recent city contracts or invoices for similar deliverables.
METRO CONTRACT 936295
EXHIBIT A
PROJECT COMPONENT CONSULTANT OTHER DIRECT ADDITIONAL CASH TOTAL GRANT
FEES PROJECT COSTS MATCH(IF ANY) FUNDS
(Phase,element,deliverables,etc.)
1. Project Management $ 5,000 $ 5,000
2. Community Engagement
(Committee Meetings,Public Meetings,Community/Business Outreach) $ 65,000 $ 10,000 $ 60,000 $ 15,000
3. Existing Conditions Report $ 5,000 $ 5,000
4. Needs,Opportunities,and Constraints Report
(Expert Interviews,Focus Groups,Market and Housing Capacity Analysis) $ 50,000 $ 50,000
5. Development Goals and Objectives Report $ 5,000 $ 5,000
6. Transportation Sensitivity Analysis $ 20,000 $ 20,000
7. Land Use and Transportation Evaluation&Recommendation
(w/Implementation Measures) $ 120,000 $ 120,000
8. Metzger Community Stability Plan $ 30,000 $ 30,000
GRAND TOTAL $ 300,000 $ 10,000 $ 60,000 $ 250,000
METRO CONTRACT 936295
EXHIBIT A
Demographic Data
Due to possible formatting issues in ZoomGrants,this document duplicates the information provided in
Short Question#3. Demographic data for residents within a 1-mile and 4-mile radius of the Washington
Square Regional Center is provided below. All data is from the U.S. Census Bureau, 2013-2017 American
Community Survey 5-Year Estimates.
1-MILE RADIUS 4-MILE RADIUS
Age Total Percent Total Percent
0 to 19 years 13,286 22.5% 40,819 23.6%
20 to 34 years 13,489 22.8% 34,509 19.9%
35 to 59 years 19,881 33.6% 60,034 34.7%
60 to 84 years 10,737 18.2% 33,748 19.5%
85 years and over 1,741 2.9% 4,023 2.3%
TOTAL 59,134 173,133
Ethnicity Total Percent Total Percent
White alone 43,778 74.0% 131,102 75.7%
Hispanic or Latino 8,117 13.7% 17,760 10.3%
Asian alone 3,275 5.5% 12,484 7.2%
Two or more races 2,204 3.7% 7,185 4.1%
Black or African American alone 1,230 2.1% 2,986 1.7%
American Indian &Alaska Native alone 280 0.5% 570 0.3%
Native Hawaiian&Other Pacific Islander alone 144 0.2% 834 0.5%
Some other race alone 106 0.2% 212 0.1%
TOTAL 59,134 173,133
Household Income Total Percent Total Percent
$0 to$24,999 4508 18.7% 10,570 15.0%
$25,000 to$49,999 5271 21.8% 13,697 19.4%
$50,000 to$74,999 4167 17.2% 11,520 16.3%
$75,000 to$99,999 3209 13.3% 9,284 13.1%
$100,000 or more 7006 29.0% 25,585 36.2%
TOTAL 24,161 70,656
Rent vs Own Total Percent
Renter-occupied households 12,884 53.3%
Owner-occupied households 11,277 46.7%
TOTAL 24,161
METRO CONTRACT 936295
EXHIBIT A
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 19- I`I
A RESOLUTION APPROVING AN APPLICATION FOR A METRO 2040 PLANNING AND
DEVELOPMENT GRANT TO FUND THE WASHINGTON SQUARE REGIONAL CENTER
UPDATE PROJECT.
WHEREAS, Metro has a new cycle of funding available for the 2040 Planning and Development Grant
Program, which has targeted funds for projects that facilitate development in centers, corridors, station areas,
and employment areas;and
WHEREAS, the Washington Square Regional Center is the city's only regional center and one of eight centers
identified in the Metro 2040 Growth Concept;and
WHEREAS, the Metro 2040 Growth Concept was adopted in 1995, and Tigard adopted the Washington
Square Regional Center Plan five years later,and
WHEREAS, Washington Square has much greater potential for high-density residential and employment-rich
development than has occurred thus far. It has been 20 years since the original vision and regional center plan
were developed, and this is an opportune time to review and update all applicable plans, policies, and
regulations;and
WHEREAS, this project advances the region's planning and development goals in important and synergistic
ways, specifically as it relates to urban growth expansion development to the west, Southwest Corridor transit
planning,and regional housing needs;and
WHEREAS, this project is supported by the owner of Washington Square Mall, the single largest property
owner in Washington Square. The mall owner, Macerich, is interested in redeveloping the mall site, which
would be difficult or impossible to effectively redevelop under current regulations;and
WHEREAS, this project is timely for the city and advances City Council Goal 2 to promote economic growth
and community vitality by identifying and removing bathers to redevelopment in Washington Square.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that
SECTION 1: Council approves the submittal of an application for a Metro 2040 Planning and
Development Grant to update the plans, policies, and regulations associated with the
Washington Square Regional Center.
SECTION : This resolution is effective immediately upon passage.
RESOLUTION NO. 19- I Li
Page 1
METRO CONTRACT 936295
EXHIBIT A
PASSED: This day of riN 2019.
(Th
lei r 'ty of Tigard
ATfJi ST:
4-1.Y.C.--r(2—)
DepAi City ecorder its•of Tigard '
RESOLUTION NO. 19-t t
Page 2
METRO CONTRACT 936295
EXHIBIT A
April 18, 2019
Lisa Miles
Principal Development Project Manager
Metro
600 NE Grand Avenue
Portland, OR 97232-2736
RE: 2040 Planning and Development Grant Letter of Commitment:
Washington Square Regional Center Update
Dear Ms. Miles,
The City of Tigard is committed to updating all applicable plans,policies, and regulations
associated with the Tigard portion of the Washington Square Regional Center in order to
remove barriers to redevelopment, facilitate more compact and efficient use of land, and
create more regional housing and employment options. This project is timely and necessary
given the significant changes underway in the retail, transportation, and housing sectors since
the adoption of the original vision and regional center plan 20 years ago.
The city is excited to undertake this work. It directly implements several recently adopted
Tigard City Council goals related to Washington Square specifically and the city's growth
generally. The city desires to remove barriers to commercial,industrial, and high-density
residential development in Washington Square,which is the primary focus of this project.
Moreover, the city desires to grow in a fiscally responsible and equitable manner. This
project accomplishes both by committing resources to the preservation of existing market-
affordable housing and facilitating mixed-use, centrally-located infill development in its
regional center to balance single-use residential development on its edge.
This project will facilitate development—most notably redevelopment of Washington
Square Mall—and advance Metro's planning and development goals in important and
synergistic ways—especially with regard to the development of more housing. Washington
Square has the potential to provide more housing options for all kinds of households in a
central location that has access to a variety of services and employment opportunities. This
advances a number of regional goals related to compact and efficient urban form,land use
and transportation planning, quality of life, and the environment.
METRO CONTRACT 936295
EXHIBIT A
The city believes that the Washington Square Regional Center has much greater potential for
high-density residential and employment-rich development than has occurred since its
designation as a regional center in 1995. Metro's support of this project with a 2040 Planning
and Development Grant would help the city implement its goals and also contribute to the
implementation of the Metro 2040 Growth Concept.
Sincerely,
Tom McGuire
Assistant Community Development Director
i ' ..J ; I 1 ,' TRO CONTRACT 936295 . •, + ( °.�
I EXHIBIT A
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METRO CONTRACT 936295
EXHIBIT B
City ofligard
N
FINANCE AND INFORMATION SERVICES
TIGARD Request for Proposal (RFP)
WASHINGTON SQUARE REGIONAL CENTER UPDATE
PROJECT
Proposals Due: Wednesday,November 27, 2019—2:00 p.m. local time
Submit Proposals To: City of Tigard—Contracts & Purchasing Office
Attn: Jamie Greenberg, Purchasing Specialist
13125 SW Hall Blvd.
Tigard, Oregon 97223
Direct Questions To: Susan P. Shanks
Phone: (503) 718-2454
Email: susansc Tgard-or.gov
METRO CONTRACT 936295
EXHIBIT B
PUBLIC NOTICE
REQUEST FOR PROPOSAL
Washington Square Regional Center Update Project
The City of Tigard is seeking sealed proposals from qualified firms to provide personal services for the
Washington Square Regional Center Update Project. The City is interested in a firm or consultant team with
expertise in land use planning,multimodal transportation planning,housing and economic analysis,economic
development,anti-displacement strategies,and community engagement. Proposals will be received until 2:00
p.m. local time, Wednesday, November 27, 2019, at Tigard City Hall's Utility Billing Counter at 13125 SW
Hall Blvd.,Tigard, Oregon 97223.
Funding for this project is subject to Tigard City Council's acceptance of a$250,000 grant award from the Metro
2040 Planning and Development Grant Program. Council is tentatively scheduled to consider grant acceptance
on November 5,2019. Assuming the grant award is accepted,the full budget for this project is$270,000 with a
$30,000 contingency. Release of contingency funds is subject to City Project Manager approval.
No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and
electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
RFP packets may be downloaded from www.tigard-or.gov/bids or obtained in person at Tigard City Hall's
Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard,Oregon 97223.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
PUBLISHED: Daily Journal of Commerce
DATE: Wednesday,October 23,2019
METRO CONTRACT 936295
EXHIBIT B
TABLE OF CONTENTS
TITLE PAGE
Title Page 1
Public Notice 2
Table of Contents 3
SECTIONS
Section 1 Introduction 4
Section 2 Proposer's Special Instructions 4
Section 3 Background 6
Section 4 Scope and Schedule of Work 8
Section 5 Proposal Content and Format 21
Section 6 Proposal Evaluation Procedures 23
Section 7 Proposal Certification 25
Section 8 Signature Page 26
ATTACHMENTS
Attachment A Acknowledgement of Addendum 27
Attachment B Statement of Proposal 28
Attachment C City of Tigard Personal Services Agreement 29
METRO CONTRACT 936295
EXHIBIT B
SECTION 1
The City of Tigard is seeking sealed proposals from qualified firms to provide personal services for the
Washington Square Regional Center Update Project.The City is interested in a firm or consultant team with
expertise in land use planning,multimodal transportation planning,housing and economic analysis,economic
development,anti-displacement strategies, and community engagement. Proposals will be received until 2:00
p.m. local time, Wednesday, November 27, 2019, at Tigard City Hall's Utility Billing Counter at 13125 SW
Hall Blvd.,Tigard,Oregon 97223.
No proposal will be considered unless fully completed in a manner provided in the REP packet. Facsimile and
electronic (email)proposals will not be accepted nor will any proposal be accepted after the stated due date and
time. Any proposal received after the closing time will be returned to the submitting firm unopened after a
contract has been awarded for the required services.
Proposers are required to certify non-discrimination in employment practices, and identify resident status as
defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to
comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy.
The City may reject any proposal not in compliance with all prescribed public bidding procedures and
requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public
interest to do so.
SECTION 2
PROPOSER'S SPECIAL INSTRUCTIONS
A. PROPOSED TIMELINES
Wednesday. Oct 23.2019 Advertisement/Release of Request for Proposals
Wednesday.Nov 27.2019 (2:00 p.m.) Deadline for Submission of Proposals
Monday—Thursday.Dec 16—19.2019 Interviews (if necessary)
January 2020 Award of Contract by LCRB
February 2020 Commencement of Services
NOTE: The City reserves the right to modify this schedule at the City's discretion
B. GENERAL
By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently
and has been submitted without any collusion designed to limit competition.
C. PROPOSAL SUBMITTAL
The Proposal and all amendments must be signed and submitted no later than 2:00 p.m.,Wednesday,
November 27, 2019, to the address below. Each proposal must be submitted in a sealed envelope
and designated with the proposal title. The submittal must include one (1) original paper copy and
one (1) electronic .pdf copy on a portable USB drive (thumb drive). To assure that your proposal
receives priority treatment,please mark as follows:
RFP—Washington Square Regional Center Update Project
City of Tigard—Utility Billing Counter
Attn: Jamie Greenberg,Purchasing Specialist
13125 SW Hall Blvd.
Tigard,Oregon 97223
METRO CONTRACT 936295
EXHIBIT B
Proposer shall put their name and address on the outside of the envelope. It is the Proposer's
responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be
responsible for the proper identification and handling of any proposals submitted incorrectly. Late
proposals, late modification or late withdrawals shall not be considered accepted after the stated bid
opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will
not be accepted.
D. PROTEST OF SCOPE OF WORK OR TERMS
A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and
sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to
the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the
reasons for the protest and shall detail any proposed changes to the scope of work or terms. The
Purchasing Office shall respond to any protest and,if necessary, shall issue any appropriate revisions,
substitutions,or clarification via addenda to all interested Proposers.
To be considered, protests must be received at least five (5) days before the proposal closing date.
The City shall not consider any protest against award due to the content of proposal scope of work
or contract terms submitted after the established protest deadline. All protests should be directed to
the attention of Jamie Greenberg,Purchasing Specialist,and be marked as follows:
RFP Specification/Term Protest
City of Tigard—Contracts and Purchasing Office
Attn: Jamie Greenberg,Purchasing Specialist
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a protest is received in accordance with section above, the proposal opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal
documents.
E. PROPOSAL SUBMISSION AND SIGNING
All requested forms and attachments (Signature Page,Acknowledgment Addendum,Statement of
Proposal,etc.) must be submitted with the Proposal and in the required format. The submission
and signing of a proposal shall indicate the intention of the firm to adhere to the provisions
described in this RFP.
F. COST OF PREPARING A PROPOSAL
The RFP does not commit the City to paying any costs incurred by Proposer in the submission or
presentation of a proposal,or in making the necessary studies for the preparation thereof.
G. INTERPRETATIONS AND ADDENDA
All questions regarding this project proposal shall be directed to Jamie Greenberg, Purchasing
Specialist. If necessary,interpretations or clarifications in response to such questions will be made by
issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal
closing, but in no case less than 72 hours before the proposal closing. If an addendum is necessary
after that time, the City,at its discretion,can extend the closing date.
Any Addendum issued, as a result of any change in the RFP,must be acknowledged by submitting the
"Acknowledgment of Addendum"with proposal. Only questions answered by formal written addenda
will be binding. Oral and other interpretations or clarifications will be without legal effect.
METRO CONTRACT 936295
EXHIBIT B
H. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED
The City of Tigard Business License is required. Chapter 5.4 of the Tigard Municipal Code states any
business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful
Contract will be required to present a copy of their City of Tigard Business License at the time of
contract execution. Successful Contractor shall also complete a W-9 form for the City at the time of
contract execution.
I. CITY'S PROJECT MANAGER
The City's Project Manager for this work will be Susan P. Shanks,Senior Planner,who can be reached
by phone at (503) 718-2454 or by email at susans(n�tigard-or.gov.
J. PROPOSAL VALIDITY PERIOD
Each proposal shall be irrevocable for a period of One Hundred Twenty(120)days from the Proposal
Opening Date.
K. FORM OF CONTRACT
A copy of the City's standard personal services agreement,which the City expects the successful firm
or individual to execute,is included as "Attachment C". The contract will incorporate the terms and
conditions from this RFP document and the successful proposer's response documents. Firms taking
exception to any of the contract terms shall submit a protest or request for change in accordance with
Section 2.D"Protest of Scope of Work or Terms"or their exceptions will be deemed immaterial and
waived.
L. TERM OF CONTRACT
The term of the contract shall be a period of two years (2) year with the mutual option to renew for
up to one (1) additional one-year period. The total term of the contract cannot exceed five (5) years.
M. TERMINATION
The contract may be terminated by mutual consent of both parties or by the City at its discretion with
a 30 days'written notice. If the agreement is so terminated, Contractor shall be paid in accordance
with the terms of the agreement.
N. PUBLIC RECORD
All proposal material submitted by the Proposer shall become the property of the City and is public
record unless otherwise specified. A proposal that contains any information that is considered trade
secret under ORS 192.501(2) should be segregated and clearly identified as such. This information
will be kept confidential and shall not be disclosed except in accordance with the Oregon Public
Records Law, ORS 192. The above restrictions may not include cost or price information, which
must be open to the public.
SECTION 3
BACKGROUND
Washington Square is one of eight regional centers in the 2040 Growth Concept. Regional centers are
described as "hubs of commerce and services serving hundreds of thousands of people"and characterized
by"compact employment and housing development served by high-quality transit."Washington Square
Regional Center (WSRC) is 827 acres in size and contains several unique large sites such as the Washington
Square Mall,Lincoln Center, and Crescent Grove Cemetery in Tigard and the RedTail Golf Course in
Beaverton. Approximately 35% of the regional center's acreage is within Tigard. Of Tigard's 288 acres,
METRO CONTRACT 936295
EXHIBIT B
Washington Square Mall occupies 105 acres. Most of the remaining acreage is within Beaverton,with some
in unincorporated Washington County.
WSRC has much greater potential for high-density residential and employment-rich development than has
occurred since the original vision and regional center plan was adopted in 2000. The project assumes that
the main tenets of the original vision—dense,walkable,mixed-use development—remain valid but that an
update is necessary given the significant changes in the business and housing sectors in the past 20 years.
The City desires to build on and refine the original vision in order to facilitate equitable development,
remove barriers to redevelopment,and create more regional housing and employment options that are
consistent with the City's strategic vision to be a walkable,healthy, and inclusive community.
The purpose of this project is to:
• Understand market trends and the City's ability to influence these trends.
• Work with the community to build on and refine the land use and regulatory framework for the
regional center in response to market trends,City aspirations,and community priorities.
• Lay the groundwork for updating all applicable plans,policies,programs,and regulations associated
with the portion of the regional center within Tigard and the Tigard WSRC Plan District.
Specific development goals for this project include, but are not limited to:
• Supporting more compact and efficient use of the Washington Square Mall site,the largest single
land use and property owner within the Tigard portion of the Washington Square Regional Center;
• Facilitating more centrally located housing at a variety of price points and protecting existing
market-affordable housing wherever possible;
• Updating zoning and regulations that result in more redevelopment and expansion opportunities for
existing conforming and nonconforming businesses;and
• Identifying transportation, transit,and utility infrastructure needs for development and creating a
prioritized list of strategic public and private infrastructure investments.
Funding for this project is subject to Tigard City Council's acceptance of a$250,000 grant award from the Metro
2040 Planning and Development Grant Program. Council is tentatively scheduled to consider grant acceptance
on November 5,2019.Assuming the grant award is accepted, the full budget for this project is $270,000 with a
$30,000 contingency.Release of contingency funds is subject to City Project Manager approval.
This project is timely and a priority for Tigard for the following reasons:
• The region is experiencing a housing supply and affordability crisis. WSRC has the potential to
provide more housing options for all kinds of households in a central location that has access to a
variety of services and employment opportunities.
• The City is undertaking a separate but related planning project to evaluate the supply and regulation
of employment lands in the City.The WSRC market analysis will contribute to the City's
understanding of regional market trends.
• WSRC is the closest regional center to the newest urban growth boundary expansion areas in Tigard,
Beaverton,King City,and Wilsonville.The regional center needs to evolve in order to serve these
new developing areas. Moreover,the City desires to balance its fiscal and physical approach to
growth by facilitating high-density,mixed-use,and centrally-located infill development in WSRC
along with low-density residential edge development in River Terrace.
METRO CONTRACT 936295
EXHIBIT B
• High-quality transit is a key component of a successful regional center,and it is important that
transit service to and within WSRC not be overlooked as TriMet moves forward with SW Corridor
transit planning.
Key questions this project should answer:
• Has the original vision been achieved? If no,why not?
• What kinds of changes have occurred in and around the regional center since the adoption of the
original vision?
• How will trends in housing, retail sales, transportation,or the economy affect the regional center and
surrounding areas?
• How can the City position itself to effectively respond to emerging trends while supporting
community values and priorities?
• What can the City do to ensure that the benefits and impacts of re/development in the regional
center are equitably shared by the community?
SECTION 4
SCOPE AND SCHEDULE OF WORK
The City of Tigard seeks a collaborative interdisciplinary team—with expertise in land use planning,
multimodal transportation planning,housing and market analysis,economic development,anti-displacement
strategies,and community engagement—to work with the City on the Washington Square Regional Center
Update Project. The team should include a Community Based Organization (CBO) to assist with
community engagement,particularly in Metzger which is an ethnically diverse and historically low-
income community. Unlike the rest of the consultant team, however,the CBO will be jointly selected by
the City and Consultant after the RFP selection process but before the contracting process. If the City and
Consultant are unsuccessful in obtaining the services of a CBO,alternative approaches for engaging
communities of color and other underrepresented communities will be considered by both parties with
input from Metro.
It is expected that the CBO will advise and assist the project team throughout the entire project,including
attendance at all Stakeholder Working Group and Community Meetings. It is also expected that the CBO
will lead or be heavily involved in Subtask 1.3 (Community Engagement Planning);Subtask 2.4 (Metzger-
specific Community Outreach);Subtask 2.5 (Metzger Community Meetings); and Task 6 (Metzger
Community Report). It is hoped that the CBO will be able to provide all needed language interpretation for
meetings and materials. At least$20,000 of the project budget should be reserved for the CBO to do the
outreach described by the work plan developed in Subtask 2.4.
Coordination between this project and three other concurrent City projects will be required,specifically
regarding any housing and economic analyses for the first two projects listed below.
• Tigard Employment Lands Tomorrow—This project will focus on understanding economic trends
and evaluating the City's supply and zoning of employment lands.
• Tigard Urban Reserves Concept Planning—This project will focus on developing concept plans for
the South and West River Terrace urban reserve areas,including an evaluation of land uses and the
feasibility of employment lands in these areas.
• Washington Square Stormwater Retrofit—This project will focus on regional stormwater strategies
for the Washington Square area,which includes portions of the Fanno Creek and Ash Creek
watersheds.
METRO CONTRACT 936295
EXHIBIT B
The general timeframe for project completion is 16—20 months.A summary of tasks,deliverables,
budget,and schedule is provided in Table 1 below. A more detailed description of tasks and deliverables
follows.Tasks and deliverables are generally shown in chronological order but may include iterative steps.
Table 1. Summary of Scope of Work
Task Subtasks and Deliverables Meetin s Estimated Estimated
(T)=Tigard (C)= Consultant g Budged Schedule
1. Project Management $15,000 Feb—Apr 2020
1.1 Project Kickoff Meeting I (2-hr)
(r.)MtgSumma ....................................._..................................._.
1.2 Project Management Planning 1 (2-hr)
(T)Draft Project Management Plan
(C)Draft Plan Comments
(T)Final Project Management Plan
(C)Draft Schedule,Scope,and Budget
(T)Draft Schedule,Scope,and Budget Comments
(J Final Schedule,Scop.e,and Budget
1.3 Community Engagement Planning 1 (2-hr)
(T)Draft Community Engagement Plan
(C)Draft Plan Comments
(T)Final Community Engagement Plan
(T)Stakeholder Working Group(SWG)Rosters
C/T Focus Gro Rosters
1.4 Document Review(C)
2. Community Engagement $70,000 Apr 2020—Jun 2021
2.1 Project Team Meetings 10(1.5-hr)
(CI T.)Communiti E ttgagement Coordination _._..._...._.-.__......._._. _. _._.
2.2 Stakeholder Working Group(SWG)Meetings 5 (2-hr)
(T)Mtg Logistics
(C/T)Mtg Agenda
(C/T)Mtg Facilitation&Materials
().Mtg Summary....... ...........
2.3 Regional Center Community Meetings 2 (2-hr)
(T)Mtg Logistics
(C/T)Mtg Agenda
(C/T)Mtg Facilitation drMaterials
(12Mtg Summary..............._................_._................................_._.
2.4 Metzger-specific Community Outreach
(C)Draft Work Plan
(T)Work Plan Comments
C Final Work Plan
2.5 Metzger Community Meetings 3(1.5-hr)
(T)Mtg Logistics
(C/T)Mtg Agenda
(C/T)Mtg Facilitation&Materials
.(r)MtSummag........._......_................................. ................
2.6 Project Briefings to PC/CC 2(1.5-hr)
(C/T)PC Briefing Presentation
(C/T)CCBriefIn Presentation
2.7 City Communications and Engagement
(T)Project Website
(T)Local and Social Media
1 The dollar amounts shown represent funds available through the Metro grant award of$250,000 and the
city's consultant contribution of$50,000. The city has committed an additional$10,000 to cover direct costs
associated with community meetings. These funds are not shown in this table.
METRO CONTRACT 936295
EXHIBIT B
Subtasks and Deliverables Estimated Estimated
Task (I) _ Tigard (C)= consultant Meetings Budget' Schedule
(1)Direct Mailings
(T)Presentations to Community Groups and
Project Partners
3. Report Card (Existing Conditions) $5,000 Feb —Mar 2020
3.1 Draft Report
(T)Draft Outline
(C)Draft Outline Comments
(T)Draft Report Card
(..Q_Draft...Report Card Comments
3.2 Final Report
(1)Final Report Card
3.3 Infographics Summary(2-3 pages)
(C)Draft Summary
(T)Draft Summary Comments
(C)Final Summary
4. Opportunities, Needs, and Constraints $80,000 Apr—Aug 2020
4.1 Scope Refinement Meeting 1 (1-hr)
(C).Email Summary............................................ ....... ..............................
4.2 Focus Groups 3(1.5-hr)
(T)Mtg Logistics
(C)Mtg Facilitation&Materials
(C Focus Groups Report
4.3 Stakeholder Interviews
Stakeholder Interviews.Report
...............
4.4 Market Analysis
(C)Real Estate and Commercial Snapshot
(C)Market Trends Report
(C)Development Subareas Report
4.5 Land Use and Zoning Analysis
(C.)Tigard Code Audit
4.6 Infrastructure Analysis
(C)Ped-Bike-Transit Audit
(C)Infrastructure Audit
4.7 Residential Displacement Analysis
(C)Market and DemographicAnalysir
(C)Rent Prediction Analysis
C Di /acement Re rt
4.8 Draft Executive Summary(5-7 pages)
(C)Draft Outline
(T)Draft Outline Comments
(C)Draft Summary
(I)Draft Summary Comments ............................. .. ......... ................ .................. ............
4.9 Final Executive Summary
(C)Final Summa2.............................................................._.__. ................
4.10 Infographics Summary(3-5 pages)
(C)Draft Summary
(T)Draft Summary Comments
(C)Final Summary
5. Refining the Land Use Framework $50,000 Aug—Dec 2020
5.1 Scope Refinement Meeting 1 (1-hr)
.(C)Email Summer.._...._.......................... .........................................._.
5.2 Land Use Scenarios(2-3 scenarios) 1 (1.5 hr)
(C)Draft Land Use Scenarios Memo
METRO CONTRACT 936295
EXHIBIT B
Subtasks and Deliverables Estimated Estimated
Task Meetings
(T)=Tigard (C)=Consultant Budget Schedule
(T)Draft Memo Comments
(C)Final Land Use Scenarios Memo
5.3 Development Precedents(3-6 precedents) 1 (1.5-hr)
(C)Precedent Options Presentation
(C)Precedents Memo
5.4 Transportation Sensitivity Analysis 1 (1.5-hr)
(C)Draft Transportation Memo
(T)Draft Memo Comments
(C)Final Transportation Memo
*,40444- ,„• 4•1•„cia.
6. Metzger Community Report#&1*. VI $D5 000 Nov—Dec 2020
KLit f f4
6.1 Scope Refinement Meeting 1 (1-hr)
.(C)Email Summary
6.2 Draft Report
(C)Draft Outline
(T)Draft Outline Comments
(C)Draft Report
(I)DreReport Comments
6.3 Final Report
(C)Final Report vl
(T)Final Report Comments
(C)Final Report v2
PAte
7. Final Report & Recommendations .":01Pej $40,000
Jan—Mar 2021
7.1 Scope Refinement Meeting 1 (1-hr)
(C)Email S ummag
7.2 Draft Report
(C)Draft Outline
(T)Draft Outline Comments
(C)Draft Report
(C)Draft Report Comments
7.3 Final Report
(C)Final Report vl
(T)Final Report Comments
(gFinal Report v2
7.4 Code&Plan Amendment Recommendations
(C)Comprehensive Plan Chapter
(C)Development Subarea Coals and Objectives
(C)Plan District Chapter Outline and Policy
Direction
(C)Zoning,Plan District,and Regional Center
Boundag Maps
(C)TSP Project List
(C)Economic Development Strategies
(C)Housing Strategies
8.1 Comprehensive Plan Chapter Adoption
(T)Legislative Application
(I)Public Notice
(T)City Council Hearing
9.1 Additional Meetings/Briefings
9.2 Additional Analysis
9.3 Additional Outreach
METRO CONTRACT 936295
EXHIBIT B
GENERAL PROVISIONS
1. Document Creation
a. All documents shall be internally reviewed by the Consultant for grammar, formatting, content,and
general quality prior to delivery to the City for review.
b. All documents shall be formatted for 8.5-inch by 11-inch paper,unless otherwise approved by the
City Project Manager (PM).
c. All documents shall be delivered as computer files in a mutually agreed upon format (e.g.Word,
Publisher,PageMaker, etc.) and in an open universally readable format (e.g. PDF).
d. All documents for public distribution shall follow the City of Tigard Logo and Design Standards.
e. All graphics,including maps,shall be delivered as computer files in a mutually agreed upon format
(e.g. AutoCAD,ArcGIS,JPEG,Photoshop,PowerPoint,etc.) and in an open universally readable
format (e.g. PDF).
2. GIS Data
a. City and Consultant PM shall determine which deliverables require geospatial data development of
GIS data by the Consultant and which,if any,should be delivered to the City.
b. All GIS data delivered to the City shall follow the City of Tigard GIS Data Standards.
3. Document Review
a. Consultant shall provide materials that are intended for public release at least two weeks prior to the
scheduled release date,or as otherwise agreed upon by the City and Consultant PM.
b. Comments on draft documents shall be provided within two weeks of receipt of draft documents,
or as otherwise agreed upon by the City and Consultant PM.
c. Consultant shall make minor revisions and corrections to materials based on comments received
from either the City or the public within one week of the City requesting the change,or as otherwise
agreed upon by the City and Consultant PM.
d. Consultant shall make major revisions and corrections to materials based on comments received
from either the City or the public within two weeks of the City requesting the change,or as
otherwise agreed upon by the City and Consultant PM.
e. Consultant shall not be required to make additions or revisions that are outside of this scope of
work without an approved contract amendment.
4. Meetings
a. Project team meetings and scope refinement meetings shall be held by phone,at City offices,or at
other mutually agreed upon locations, such as Consultant offices.
TASK 1. PROJECT MANAGEMENT
Project management is the joint responsibility of the City and Consultant PM. Specific deliverables and
assignments are identified in Table 1.
• Consultant shall assume a reasonable amount of time for project communication and general
coordination above and beyond the meetings specified in this scope and manage the allocated
budget for each task and deliverable accordingly.
• Consultant shall provide monthly reports with updated schedule,work completed and
upcoming, any issues or changes. Include a percentage complete versus percentage spent by task.
• City shall identify and make available relevant historical documents for review,including but not
limited to the WSRC Plan and WSRC Phase II Implementation Plan.
METRO CONTRACT 936295
EXHIBIT B
TASK 2. COMMUNITY ENGAGEMENT
Community engagement is the joint responsibility of the City and Consultant project teams. Specific
deliverables and assignments are identified in Table 1. It is expected that the teams will plan for and conduct
robust business and community outreach to involve the public and historically marginalized communities,
particularly the Metzger community, so that they may contribute their knowledge and shape project
outcomes.
The scope assumes that the project team will need to meet at least once prior to each Stakeholder Working
Group (SWG) and Community Meeting in order to effectively plan and prepare for these meetings. In
addition to determining agendas and materials,these meetings will assign roles and responsibilities to
individual team members based on the meeting purpose and content of each SWG and Community
Meeting. The following general provisions apply to all community meetings:
• Consultant and City shall co-produce all SWG and Community Meetings,including but not
limited to: agenda creation,meeting facilitation,language access,and presentation materials.
• Consultant shall provide SWG and Community Meeting materials in at least 2,possibly 3,
languages: English,Spanish, and possibly an Asian language depending upon need.
• Consultant shall provide simultaneous language interpretation at all Community Meetings in at
least 2,possibly 3,languages: English,Spanish,and possibly an Asian language depending upon
need. SWG language access needs will be determined after the SWG is formed.
• City shall manage logistics for all SWG and Community Meetings,including but not limited to:
room reservation,room set-up and tear-down,drinks and snacks, sign-in sheets,and notices.
• City shall provide meeting summaries for all SWG and Community Meetings that,at a
minimum,lists attendees and summarizes the discussion,any input and/or decision(s),and next
steps. Consultant shall review the summaries for completeness and accuracy.
2.2 Stakeholder Working Group (SWG) Meetings
In lieu of separate community and technical advisory committees, the scope assumes a single project
advisory committee composed of representatives from: residents,businesses, commercial property owners,
business and community service organizations,and public agencies.The public agencies listed below will be
asked to appoint a SWG representative. All other public agencies providing services in the WSRC, such as
Clean Water Services,Tualatin Valley Water District,and Tualatin Valley Fire and Rescue will be invited to
attend and observe SWG meetings at their discretion.
• City of Beaverton
• Washington County
• Metro
• TriMet
• Oregon Department of Transportation
The balance of the SWG will include the following groups at roughly the levels indicated.
• Residents and employees—6 representatives
• Businesses and commercial property owners—6 representatives
• Business and community service organizations—6 representatives
• Bankers,brokers,and builders—3 representatives
Every attempt will be made to include community members that live (Metzger residents) or work
(employees) in or near the regional center within all three jurisdictions,namely Tigard,Beaverton,and
METRO CONTRACT 936295
EXHIBIT B
Washington County. Every attempt will also be made to include large property owners—such as the owners
of RedTail Golf Course,Washington Square Mall,and Lincoln Center—and business and commercial
property owners from the different development subareas—such as along Hall Blvd and Greenburg Rd and
west of Hwy 217. Potential business and community service organizations include but are not limited to:
Tigard Chamber of Commerce,Beaverton Chamber of Commerce,Community Partners for Affordable
Housing,Washington County Housing Authority,Westside Transportation Alliance,and Westside
Economic Alliance.
Given the size and diversity of the SWG and the regional center,the City's preliminary proposal is to create
three sub-groups within the SWG based on the regional center's geography. One sub-group would focus on
the commercial/industrial area west of Hwy 217,another would focus on the commercial area on either side
of Greenburg Rd,and the third would focus on the residential area on either side of Hall Blvd. This would
allow for more focused attention on the different areas within the regional center simultaneously. It would
also require a higher level of staffing to facilitate and record sub-group discussions. The scope assumes at
least four Consultant staff for each SWG meeting.
Preliminary SWG agendas are as follows:
• Mtg 1 —Project Introduction
Key Question: Are we asking the right project questions?
• Mtg 2—Trends and Analysis
Key Question:What does this tell us about what to expect and what we can influence?
• Mtg 3—Land Use Refinements Charette (Contingency Task: 2'Charette)
Key Question:What are realistic assumptions/aspirations?What should we
encourage/discourage?What are the pros/cons?
• Mtg 4— Land Use Refinements
Key Question: What is the preferred scenario and why?
• Mtg 5—Implementation Strategies
Key Question: What are the preferred implementation strategies and why?
The focus of Meetings 3 and 4 (and Task 5) is "land use refinements" to underscore one of the core project
assumptions. The project assumes that the main tenets of the original vision—dense,walkable,mixed-use
development—remain valid.This work is meant to build on and refine the original land use framework and
implementation strategies.
2.3 Regional Center Community Meetings
The scope assumes 2 community meetings that will likely be conducted in an open house format.
Preliminary meeting plans and objectives to be determined during the development of the Community
Engagement Plan in Task 1.3 in coordination with Beaverton,Washington County,and other project
partners as needed.
2.4 Metzger-specific Community Outreach
The scope assumes development and implementation of an outreach plan that is specific to the Metzger
community. It is expected that the CBO will lead the outreach effort,with City and Consultant team
support as needed,and that this effort will begin early in the project to involve community members,
particularly those that have been historically marginalized,at all levels of the planning process. Preliminary
outreach goals include but are not limited to:
METRO CONTRACT 936295
EXHIBIT B
• Understanding and work to address barriers to participation
• Recruiting SWG representatives
• Recruiting focus group and stakeholder interview participants
• Facilitating attendance at community meetings
2.5 Metzger Community Meetings
The scope assumes 3 community meetings. Preliminary meeting agendas to be determined during the
development of the Community Engagement Plan in Task 1.3 in coordination with Washington County.
The main focus of the meetings is to:
• Listen and document issues,questions,and recommendations from community members.
• Encourage participation of historically marginalized communities in the WSRC Update Project.
• Educate community members about the kinds of changes that are occurring in their
neighborhood or that may occur as a result of WSRC re/development.
• Educate community members about the different development and housing initiatives available
in Tigard and Washington County.
• Identify how meeting input will be folded into the WSRC Update Project and may lay the
groundwork for other planning efforts,such as SW Corridor 68th Ave Station Area Planning or
Washington County Community Area Planning.
2.6 Project Briefings to Planning Commission (PC) and City Council (CC)
The City plans to brief the PC and CC at the completion of Tasks 4, 5,and 7. The scope assumes that the
Consultant will attend at least one of these briefings. City and Consultant PM to determine which briefing
Consultant will attend at a later date.The City also plans to brief Washington County and the City of
Beaverton in coordination with their staff but does not expect Consultant attendance at these briefings.
2.7 City Communications and Engagement
The City has primary responsibility for this task but will work in close coordination with the Consultant,
Beaverton,and Washington County. In addition to community meetings (Task 2), focus groups (Subtask
4.2),and stakeholder interviews (Subtask 4.3),the City will inform and engage the community through the
project website,direct mailings,cold calls,social media posts,press releases,and online surveys. The City
expects to tailor its outreach methods to the different stakeholder groups that live,work,own property,or
operate businesses in and near the regional center including but not limited to:
• Property owners,businesses,and employees along Hall Blvd in Tigard and unincorporated
Washington County
• Property owners,businesses,and employees along Greenburg Rd,including Washington Square
Mall and Lincoln Center
• Property owners,businesses,and employees west of Hwy 217 in Tigard and Beaverton
• Residents and residential property owners in Tigard and unincorporated Washington County
• Neighborhood associations in Tigard,Beaverton,and Washington County
TASK 3. REPORT CARD (EXISTING CONDITIONS)
The City has primary responsibility for this task,with the exception of Task 3.3. Specific deliverables and
assignments are identified in Table 1. The purpose of the Report Card is to:
• Summarize applicable WSRC plans,goals,and policies
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EXHIBIT B
• Summarize the original WSRC vision and conditions
• Document existing WSRC conditions
• Compare original WSRC vision/conditions to existing conditions
Documentation of existing conditions is limited in scope to existing data sets available through the City,
Metro,and state and federal governments. It does not include field research,unlike the Ped-Bike-Transit
Audit deliverable in Task 4.6.
The scope also assumes a 2- to 3-page Infographics Summary prepared by the Consultant. This document
should be a highly-polished graphic representation of key takeaways from the Report Card. It should also be
a stand-alone document;readily understandable to the general public and elected officials;and useful in a
variety of public settings and online.
TASK 4. OPPORTUNITIES, NEEDS, AND CONSTRAINTS
The Consultant has primary responsibility for this task,with the exception of Task 4.3. Specific deliverables
and assignments are identified in Table 1. Each deliverable is underlined,and described below in more detail
either in paragraph form or as a series of buffeted questions that the deliverable should address.
The geographic scope for each deliverable's area of analysis generally includes the entire WSRC and the
Tigard WSRC Plan District,except where specifically noted otherwise. Given the awkward nature of the
adopted WSRC boundary in some locations, the geographic scope in most situations will need to vary
slightly from the adopted boundary in order to provide better analysis. Consultant and City PM to agree on
the geographic scope for the area of analysis for each deliverable prior to the commencement of any
analysis.
4.2 Focus Groups
➢ Focus Groups Report
The scope assumes 3 focus groups with 8— 12 participants/group. Preliminary focus group participants
and questions to be determined during the development of the Community Engagement Plan in Task
1.3. Possible groups include residents,business owners,and re/development experts.
4.3 Stakeholder Interviews
➢ Stakeholder Interviews Report
The City intends to interview a broad range of stakeholders in the residential and business communities.
Preliminary stakeholders and questions to be determined during the development of the Community
Engagement Plan in Task 1.3.
4.4 Market Analysis (Geographic Scope:WSRC/Plan District)
Y Real Estate and Commercial Snapshot
• What kinds of businesses are missing (i.e. "leaking") from the WSRC/Plan District and the city
as a whole?
• What are the occupancy and vacancy rates in the WSRC/Plan District?
• Are there properties with chronic vacancies in the WSRC/Plan District?
METRO CONTRACT 936295
EXHIBIT B
➢ Market Trends Report
• What are the relevant real estate trends in the Washington County submarket for retail,
office, flex-space,light industrial,mixed-use,and medium- to high-density residential
development?Including but not limited to:
o Land supply
o Rent and property sales prices
o Absorption rate
• What are the relevant economic trends for urbanizing suburban cities on the national,state,
and regional level? Including but not limited to:
o Local retail sales
o Professional services
o Medium- to high-density housing
o Regional mall redevelopment
o Areas adjacent to well-performing malls
• Based on these trends and existing conditions:
o What kind of residential and nonresidential redevelopment potential exists in the
WSRC/Plan District in the near-and long-term re: business types, housing types,square
footage,number of units, etc.?
o What market barriers exist for commercial redevelopment and housing development in
the WSRC/Plan District both within and beyond the district?
o What actions/policies/investments in the public or private realm might catalyze or
incentivize missing development or more intense development in the WSRC/Plan
District?
o What kind of other re/development might occur in the WSRC/Plan District as a result
of Washington Square Mall redevelopment?
o Which areas or properties in the WSRC/Plan District,if any, are suitable for residential
mixed-use development and why?
o Which areas or properties in the WSRC/Plan District,if any,are more likely to
redevelop in the near- and mid-term and why?
➢ Development Subareas Report
This deliverable should incorporate the nonconforming analysis in Task 4.5.
• Based on existing development patterns,does the WSRC/Plan District have distinct
development subareas?
o What are their characteristics and boundaries?What markets do they serve?
o How well do existing subarea boundaries correlate with existing base zone,plan district,
or regional center boundaries?
• Based on identified trends and existing conditions,which subareas are stable and which are in
transition,or likely to be in transition in the near future,and why?
• Based on identified trends,existing conditions,and best practices,where should the City
encourage or concentrate vertical mixed-use development?
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EXHIBIT B
4.5 Land Use and Zoning Analysis (Geographic Scope: Tigard WSRC/Plan District)
➢ Tigard Code Audit
• Based on a high-level review of existing uses and site improvements,is there a pattern of
nonconforming development in the Tigard development subareas?If so,what is the extent and
type of the nonconforming development pattern(s)?
• Based on stakeholder input,project analysis,and best practices,what preliminary code
amendments are recommended to:
o Catalyze or incentivize missing or more intense development?
o Allow the City to be more responsive to changes over time,e.g. conditional zoning?
o Remove regulatory barriers?
o Improve clarity?
• Based on stakeholder input,project analysis,and best practices,what preliminary map
amendments are recommended for base zone,plan district,and regional center boundaries?
4.6 Infrastructure Analysis (Geographic Scope: WSRC/Plan District)
➢ Ped-Bike-Transit Audit
This deliverable requires field research,development of geospatial data,and a review of relevant
transportation planning documents,such as the Tigard TSP,Tigard CIP,and Metro RTP.
• What is the condition of existing pedestrian,bicycle, and transit infrastructure (including park
and rides,bus stops,and transit centers)?Where is infrastructure missing or deficient?
• Where are the existing or planned bicycle routes and transit access routes?Are more routes
needed?What,if any,improvements are needed to make routes more legible,comfortable,and
safe?
• What additional analysis or direction is needed to advance the Washington Square Loop Trail?
➢ Utilities Audit
This deliverable requires coordination with applicable service providers,which the City will facilitate.
• What capacity or maintenance issues have been identified by service providers?
• What capital improvement projects are planned by service providers?
• What barriers,if any, exist for commercial redevelopment and housing development in the
regional center or plan district in the near- and mid-term?
o Sewer
o Water
o Stormwater
4.7 Residential Displacement Analysis (Geographic Scope: Partial WSRC/Metzger)
➢ Market and Demographic Analysis
➢ Rent Prediction Analysis
➢ Displacement Report
• Assuming up to three re/development scenarios based on what the market might do without
any City intervention,what are the residential displacement risks of re/development in the
WSRC on existing housing in and outside of the regional center,specifically on housing in the
Metzger community to the east of WSRC?
• How far do the effects of re/development extend?
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EXHIBIT B
• Considering existing City and County housing plans and initiatives,what kinds of policies,
protections,or resources are recommended to address any identified displacement risks?
4.8 Draft Executive Summary
The scope assumes a 5- to 7-page document that summarizes key aspects of the analysis performed in Task
4. The Executive Summary should be a stand-alone document that is readily understandable to the general
public and elected officials.
4.9 Final Executive Summary
See draft document description above.
4.10 Infographics Summary
The scope assumes a 3- to 5-page document that is a highly-polished graphic representation of the
Executive Summary.The Infographics Summary should be a stand-alone document that is readily
understandable to the general public and elected officials. It should also be useful in a variety of public
settings and online.
TASK 5. REFINING THE LAND USE FRAMEWORK
The Consultant has primary responsibility for this task. Specific deliverables and assignments are identified
in Table 1. Consultant and City PM to agree on the geographic scope for each deliverable prior to the
commencement of any work. The focus of this task is "refining" to underscore one of the core project
assumptions. The project assumes that the main tenets of the original vision—dense,walkable,mixed-use
development—remain valid.This work is meant to use new community input and the City's strategic plan
for a diverse,equitable,and inclusive community,to build on and update the original vision and
implementation strategies.
5.2 Land Use Scenarios
The scope assumes the development of 2—3 land use scenarios in close coordination with the City.
Scenarios should build off the analysis in Tasks 4.4,4.5, and 4.7 and incorporate input from the community
during the refining process. Scenarios should specifically explore where best to locate different types and
densities of housing to optimize development in the regional center that balances community needs and
market trends. The Land Use Scenarios Memo should include the following for each scenario at a
minimum:
• Conceptual site plan showing land uses and multimodal transportation facilities.
• Brief description of the scenario that includes land uses,commercial square footage,and
residential densities.
5.3 Development Precedents
The scope assumes the identification of 3—6 development precedents to help the community visualize and
make choices about re/development options during the refining process. Possible precedents may include:
mixed-use residential redevelopment in centers or corridors,mall redevelopment,mall/residential
redevelopment,or mall/employment lands redevelopment.
The scope assumes a precedent selection process whereby the Consultant presents and discusses a range of
possible options with the City,and the City chooses which development precedents to present to the
METRO CONTRACT 936295
EXHIBIT B
community and investigate more fully. Options presented to the City should relate to and inform the work
in Task 5.2.
The Development Precedents Memo should include the following for each development precedent at a
minimum:
• Compilation of existing images and maps to convey the nature and extent of the development.
• Brief description of the development that includes land uses and densities,where available.
• Brief statement about the development's relevance as a precedent.
• Brief description of the key actions,events,or conditions in the recent market cycle that led to
the development being built.
5.4 Transportation Sensitivity Analysis
Transportation analysis to be coordinated with the work in Task 5.2. Specific analysis and locations to be
determined during the refining process with input from the community and affected road authorities.
TASK 6. METZGER COMMUNITY REPORT
The Consultant has primary responsibility for this task. Specific deliverables and assignments are identified
in Table 1.The Consultant should assume input from both the City and Washington County.
The contents of the final report should incorporate the analysis in Task 4.7 but,in all other respects, should
be community-driven and reflect the ideas and issues identified by the community during the Metzger
community outreach.While this report is a stand-alone deliverable,it is assumed that the knowledge and
recommendations gathered from the Metzger community throughout the process will be incorporated into
the other tasks, so as to shape the recommended framework and implementation strategies.The Metzger
Community Report should include the following at a minimum:
• Summary of community engagement effort,including results from outreach to historically
marginalized communities
• Summary of community comments/discussion and how the community influenced the Land
Use Framework
• Summary of Residential Displacement Analysis from Task 4.7
• Summary of recommendations,including community priorities
TASK 7. FINAL REPORT AND RECOMMENDATIONS
The Consultant has primary responsibility for this task. Specific deliverables and assignments are identified
in Table 1.At a minimum, the WSRC Update Project Final Report should include the following elements:
• Summary of community engagement effort
• Summary of community comments/discussions,including areas of agreement and dissension
• Summary of key findings and conclusions from analysis
• Summary of recommendations,including community priorities
The following detailed recommendations should be included as attachments to the Final Report:
• Comprehensive Plan Chapter Special Planning Area
(Including key findings,goals,policies,and action measures)
METRO CONTRACT 936295
EXHIBIT B
• Development Subarea Goals and Objectives
(Potentially including performance measures and phasing considerations)
• Plan District Chapter Outline and Policy Direction
• Zoning,Plan District,and Regional Center Boundary Maps
• Transportation System Plan Project List
• Economic Development Strategies (including timing and length)
• Housing Strategies (including timing and length)
TASK 8. ADOPTION
The City has primary responsibility for adoption of the Comprehensive Plan Chapter Amendments.
TASK 9. CONTINGENCY TASKS
The City PM will decide during the course of the project which,if any,of the contingency tasks are needed
in consultation with the Consultant PM.
SECTION 5
PROPOSAL CONTENT AND FORMAT
A. FORMAT
To provide a degree of consistency in review of the written proposals, firms are requested to prepare
their proposals in the standard format specified below.
1. Title Page
The title page should identify the RFP Title, name and tide of contact person, address,
telephone number, fax number,email address and date of submission.
2. Transmittal Letter
The transmittal letter should be not more than two (2) pages long and should include as a
minimum the following:
a. A brief statement of the Proposer's understanding of the project and services to be
performed;and
b. A positive commitment to perform the services within the time period specified, starting
and completing the project within the deadlines stated in this RFP; and the names of
persons authorized to represent the Proposer, their tide, address and telephone number
(if different from the individual who signs the transmittal letter.)
3. Table of Contents
The table of contents should include a clear and complete identification by section and page
number of the materials submitted.
4. Project Understanding,Approach, and Interest
Proposers should explain their understanding of the tasks and deliverables described in
Section 4 of this RFP and their proposed approach and plan for accomplishing this work
within the overall budget with text, tables, timelines, or other figures as desired. Proposers
METRO CONTRACT 936295
EXHIBIT B
may suggest changes to the estimated budget for each task but not the overall project budget.
Proposers should suggest an approach to how the community-based organization (CBO)will
be integrated into the team, including which tasks are anticipated to be performed by the
CBO.Proposers should also suggest an approach to engaging communities of color and other
underrepresented communities if the City and consultant team are unsuccessful in obtaining
the services of a CBO to do this work. Proposers should also explain why the consultant
team is interested in this project.
5. Consultant Team Qualifications and Organization
Proposers should provide sufficient information about their qualifications and experiences
for the City to understand and verify the ability of the consultant team to perform the work
described in Section 4 of this RFP. This summary should include the team's experience
working with community-based organizations or engaging communities of color and other
underrepresented communities. Proposers should provide a consultant team organization
chart that clearly identifies the project manager, prime consultant, sub-consultant(s),
including the CBO, and specific areas of work responsibility. Proposers should also list and
provide brief biographies for key project staff.Full resumes may be included in the appendix,
with a maximum of one double-sided page per resume.
6. Consultant Team Experience with Similar Projects
Proposers should provide detailed descriptions of past similar projects that have been
completed for the City or other public agencies. Descriptions for up to five (5) projects may
be submitted, with a maximum of one single-sided page per description. Proposers should
also provide a table of all similar projects that contains the following information:
• Project title,type, and year completed
• Client name and contact information
• Brief description of similarities,including similar tasks or deliverables
• List of project team members who worked on each project
The City reserves the right to contact former clients and investigate the past performance of
any Proposer with respect to its successful performance of similar projects, compliance with
specifications and contractual obligations, and completion of projects on time and within
budget.
7. Project Management
Proposers should describe the proposed project manager's experience on past similar projects
and explain the project manager's approach to schedule, budget, scope, and change
management. The description should include the project manager's experience with and
approach to communicating with and managing a team of diverse professionals on a project
with multiple inter-related deliverables, multiple jurisdictions, and a large number of
stakeholders, some of whom may be skeptical of or object to the project's goals.
8. Diversity in Contracting
Proposers should describe the diversity of their consultant team with respect to any recognized
certification. Is your firm or any sub-consultant certified with the Certification Office of
Business Inclusion and Diversity (COBID)? If yes, indicate all certification types (i.e. DBE,
MBE, WBE, SDV, and ESB) by firm, with certification number(s). Proposers should also
describe the diversity (i.e. race, ethnicity,gender, disability, and veteran status) of key project
METRO CONTRACT 936295
EXHIBIT B
staff and provide specific examples of how the prime consulting firm or its sub-consultants
support workforce diversity within their respective firms or the local community.
B. ADDITIONAL SERVICES
Provide a brief description of any other services that your team could provide the City and an
approximation of the hourly charge for each service of this type. Such services would be contracted
for on an"as needed" basis,to be provided and billed for separately.
C. ADDITIONAL INFORMATION
Please provide any other information you feel would help the Selection Committee evaluate your
team for this project.
D. REFERENCES
Proposers must demonstrate successful past performance of the team's ability to provide services as
set forth in this specification. Proposers must provide three (3) references to document experience.
References must be detailed in Attachment B "Statement of Proposal"
E. DISPUTES
Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be
furnished hereunder or the interpretation of the provisions of this RFP,the decision of the City shall
be final and binding upon all parties.
F. CITY PERSONNEL
No officer,agent,consultant or employee of the City shall be permitted any interest in the contract.
SECTION 6
PROPOSAL EVALUATION PROCEDURES
A. SELECTION AND EVALUATION PROCESS
A Selection Committee assembled by the City will review the written proposals. Proposals will be
evaluated to determine which ones best meet the needs of the City. After meeting the mandatory
requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection
Committee will select the Proposer which best meets the City's needs based upon its evaluation of a
firms proposal. Proposals will be evaluated in accordance with the following:
1. Completed Proposal submitted on time Pass/Fail
2. 1 original& 1 electronic pdf copy on portable USB drive Pass/Fail
3. Transmittal letter Pass/Fail
4. Project understanding. approach, and interest 30 points
5. Consultant team qualifications and organization 30 points
6. Consultant team experience with similar projects 15 points
7. Project management 10 points
8. Diversity in contracting 15 points
• 5 points for prime or sub-consultant(s) with any COBID certification
(DBE,MBE,WBE,SDV,ESB)
• 5 points for key project staff diversity
• 3 points for prime or sub-consultant(s) with MBE/WBE certification
• 2 points for workplace diversity efforts
TOTAL EVALUATION POINTS 100 POINTS
METRO CONTRACT 936295
EXHIBIT B
B. PRESENTATION/INTERVIEW
At the option of the City, the top scoring proposers (based on the criteria points) may be asked to
make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the
proposal, but will not, in any way provide an opportunity to change any fee amount originally
proposed. The City's Project Manager will schedule the time and location of these presentations and
notify the selected firms. If the City elects to conduct a presentation/interview process, 25 criteria
points will be assigned to the process and will be added to the participating Proposers' total points.
C. INVESTIGATION OF REFERENCES
The City reserves the right to investigate references and the past performance of any Proposer with
respect to its successful performance of similar projects,compliance with specifications and contractual
obligations,its completion or delivery of a project on schedule and its lawful payment of employees and
workers.
D. CLARIFICATION OF PROPOSALS
The City reserves the right to obtain clarification of any point in regards to a proposal or to obtain
additional information necessary to properly evaluate or particular proposal. Failure of a Proposer to
respond to such a request for additional information or clarification could result in rejection of their
proposal.
E. RESERVATION IN.EVALUATION
The Selection Committee reserves the right to request "Best and Final Offers" from the two top
finalists to reassess the proposals and award to the consultant team determined to best meet the overall
needs of the City.
F. INTENT OF AWARD
Upon review of the proposals submitted, the City may negotiate a scope of work and a personal
services agreement with one firm, or may select one or more firms for further consideration.
G. PROTEST OF AWARD
In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven
(7) calendar days from the date of the written notice of award to file a written protest.
H. PROPOSAL REJECTION
The City reserves the right to:
1. Reject any or all proposals not in compliance with all public procedures and requirements;
2. Reject any proposal not meeting the specifications set forth herein;
3. Waive any or all irregularities in proposals submitted;
4. In the event two or more proposals shall be for the same amount for the same work,the City
shall follow the provisions of LCRB 30.095 and Section 137-095 of the Oregon Attorney
General's Model Public Contract Manual;
5. Reject all proposals;
6. Award any or all parts of any proposal;and
7. Request references and other data to determine responsiveness.
METRO CONTRACT 936295
EXHIBIT B
SECTION 7
PROPOSAL CERTIFICATIONS
******************************************
Non-discrimination Clause
The firm agrees not to discriminate against any client, employee or applicant for employment or for services,
because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the
following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or
termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is
further understood that any firm who is in violation of this clause shall be barred from receiving awards of
any contracts from the City, unless a satisfactory showing is made that discriminatory practices have
terminated and that a recurrence of such acts is unlikely.
Agreed by:
Firm Name:
Address:
*****************************************
Resident Certificate
Please Check One:
U Resident Firm: Firm has paid unemployment taxes and income taxes in this state during the last twelve
calendar months immediately preceding the submission of this proposal.
Or
U Non-resident Firm: Firm does not qualify under requirement stated above.
(Please specify your state of residence: )
Officer's signature:
Type or print officer's name:
METRO CONTRACT 936295
EXHIBIT B
SECTION 8
SIGNATURE PAGE
The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated;
and that all articles supplied under any resultant contract will conform to the specifications herein,
The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications
and by City policies and regulations.
The undersigned,by submitting a proposal,represents that:
A) The Proposer has read and understands the specifications.
B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify
the Proposer as being non-responsive.
The undersigned certifies that the proposal has been arrived at independently and has been submitted without
any collusion designed to limit competition.
The undersigned certifies that all addenda to the specifications has been received and duly considered and
that all costs associated with all addenda have been included in this proposal:
Addenda: No. through No. inclusive.
We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of
the attached requirements and specifications of the City.
Name of firm:
Address:
Telephone Number: Fax Number:
By: Date:
(Signature of Authorized Official. If partnership,signature of one partner.)
Typed Name/Title:
If corporation,attest:
(Corporate Officer)
El Corporation ❑ Partnership ❑ Individual
Federal Tax Identification Number (TIN):
METRO CONTRACT 936295
EXHIBIT B
ATTACHMENT A
CITY OF TIGARD, OREGON
ACKNOWLEDGMENT OF ADDENDA
Project Title:
Close: (Day of Week). (Date) -2:00 p.m.
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (If none received, write 'None Received'):
1. 3.
2. 4.
Date
Signature of Proposer
Title
Corporate Name
METRO CONTRACT 936295
EXHIBIT B
ATTACHMENT B
CITY OF TIGARD, OREGON
STATEMENT OF PROPOSAL
Name of Firm:
Mailing Address:
Contact Person:
Telephone: Fax: Email:
accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for the Washington
Square Regional Center Update Project and the attached personal services agreement(Attachment C):
Signature of authorized representative Date
Type or print name of authorized representative Telephone Number
Type or print name of person(s) authorized to negotiate contracts Telephone Number
REFERENCES
Reference #1 Telephone Number
Project Title Contact Individual
Reference#2 Telephone Number
Project Title Contact Individual
Reference#3 Telephone Number
Project Title Contact Individual
METRO CONTRACT 936295-EXHIBIT C
Washington Square Regional Center Update
Project Milestones,Deliverables,and Disbursement of Grant Funds
Project milestone and specified grant deliverables Date due* Estimated Matching Estimated Grant
contributions payment
1 Execution of grant IGA
a)Preparation of project documents and negotiations Nov.30,2019
b)Signed IGA document
2 Project consultants and contract scoping
a) Determine RFP reviewers who will select consultant team Jan.31,2020
b) Select consultant team
c) Select community-based consultant team member
d) Submit draft consultant contract,scope,schedule and budget
for review
3 Finalize Consultant Contract and IGA Milestones
a) Establish revised milestones and deliverables Feb.29,2020
b) Finalize and execute consultant scope and contract
4-7+ Project milestones to be determined $60,000 $235,000
8 Council hearings and action $15,000
GRANT PROJECT COMPLETION Total Grantee Match Total Grant Funding
• All grant project deliverables submitted by grantee and approved by Metro
• All required fiscal documentation submitted or retained on file as appropriate
• Final reporting on grant performance measures submitted and approved by Metro TOTAL: $ 60,000 TOTAL: $ 250,000
NOTE: Due dates are intended by the parties to be hard estimates of expected milestone completion dates.If the City anticipates that a due date cannot
be met due to circumstances beyond its control,it shall inform Metro in writing no later than ten(10)days prior to the due date set forth above and
provide a revised estimated due date.Metro and the City shall mutually agree upon revisions to the milestone due dates set forth in this agreement.
Metro Contract 936295 2040 PLANNING AND DEVELOPMENT GRANT IGA-METRO&THE CITY OF TIGARD Page 1
Staff recommends allowing the funds for affordable housing programs to accrue for the remainder of this
fiscal year,so that budgeting for the next fiscal year becomes clearer.
Staff from community development are prepared to propose programs through the budgeting process that
will implement strategies from the Affordable Housing Plan. Some examples of the types of programs staff
are exploring include:
•Affordable home ownership program managed by a community land trust that provides down payment
assistance and permanent affordability.Already implemented by Beaverton and Hillsboro.
•Support for purchase of low-cost market-rate units -meets the goals of the Southwest Corridor
Equitable Development Strategy to preserve existing housing in the corridor.
•Land banking-allows the city to purchase property as it comes available and set goals for development
rather than being exclusively opportunity-based.
•Gap financing for affordable rental units - assists affordable housing developers where other city funding
sources,such as urban renewal funds,are not available.
OTHER ALTERNATIVES
Council could instead opt for alternatives including.
•Adopting only a residential CET.
•Adopting a lower CET rate.
•Declining to adopt a CET.
COUNCIL OR TCDA GOALS,POLICIES, MASTER PLANS
Council Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner
Strategy 3.2: Complete an Affordable Housing Plan and adopt recommended strategies to promote the
development and retention of affordable housing in Tigard. Increase advocacy at the regional level for housing
that is affordable,funding strategies,and consider an excise tax
Tigard Affordable Housing Plan Recommendation 1: Construction Excise Tax
DATES OF PREVIOUS CONSIDERATION
June 18,2019 -Affordable Housing Plan Adoption
July 9,2019 - Council Briefing
Attachments
Ordinance
Exhibit A
Presentation
•Home construction cost: $275,000
•Construction excise tax: $2,750
•Home sale price: $525,000
•Effective tax rate: 0.5%
A CET is applied to all new construction,with certain exemptions provided for in the original legislation,
which are:
•Affordable rental housing
•School improvements
•Public or private hospital improvements
•Improvements to religious facilities
•Agricultural buildings
•Residential improvements that do not add space
•Public improvements under contracting code
•Non-profit care facilities (long-term,residential,or continuing care)
A city adopting a CET may provide for other exemptions. Staff recommends the following additional
exemptions:
•Projects with a permit value$50,000 or less
•Regulated affordable housing subject to a deed restriction
•Accessory dwelling units (with a sunset date set at the same date of the SDC exemption sunset to allow
Council to consider both together)
•Missing middle housing types (50 percent exempted)
•Replacement residential structures where the original structure was destroyed by accident and that add
no more than 10 percent living space
The bill also regulates how revenue from a CET is used; specifically it"[r]equires city or county to use net
construction tax revenue to fund certain developer incentives and programs of city or county related to
affordable housing,and to make distributions to Housing and Community Services Department to fund home
ownership programs that provide down payment assistance."
Residential CETs are capped at 1 percent of the permit value and must be allocated to the following uses:
•50%to developer incentives for housing(e.g. SDC exemptions,tax abatements,etc.)
•35%for flexible affordable housing programs
•15%to OHCS for homeownership programs in Tigard
Commercial CETs have no upper limit,and 50%of the revenues must be devoted to affordable housing
programs. Although the commercial CET is not limited,no jurisdiction has exceeded 1 percent. Staff believes
that a 1 percent rate is the best option to ensure fairness and to ease the administrative work in implementing
the CET.
A 4%administrative fee is taken out by the city prior to distribution to cover expenses related to collection
and distribution of the tax.
A CET would benefit the city by providing a backfill for SDC exemptions for affordable housing, supporting
affordable home ownership,and providing a flexible source of funds to allow the city to pursue the strategies
in its adopted Affordable Housing Plan.
AIS-4018 3. B.
Business Meeting One
Meeting Date: 11/05/2019
Length (in minutes): Consent Item
Agenda Title: LCRB - Consider Contract Award for Main Street Phase 2 Design
Prepared For: Joseph Barrett Submitted By: Joseph
Barrett,Public
Works
Item Type: Motion Requested Meeting Type: Consent
Agenda -
LCRB
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
L
Information
ISSUE
Shall the Local Contract Review Board award a design contract for Main Street Phase 2 Improvements to
Century West?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award a design contract for the Main Street Phase 2
Improvements project to Century West in an amount not to exceed$866,020 and direct the City Manager to
take the steps necessary to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
This project will provide the final phase of improvements to SW Main Street from the railroad tracks to
Scoffins Street to create a vibrant downtown that connects community,visitors and businesses. The
improvements to SW Main Street Phase 2 will be similar to Phase 1. Improvements will include new
sidewalks with street furniture and landscaping, full street pavement restoration,utility upgrades including
new street lighting and treatment of stormwater runoff with green street features.
The city issued a Qualification-based Request for Proposal (QBS) for the work in late Spring 2019. The city
needed to use a QBS process for this project as engineering services,a significant portion of the needed work,
is covered by the city's and state's QBS process. Upon closing, the city received proposals from four firms:
•KPFF,
•Century West Engineering,
•Kittelson&Associates, and
•Harper Houf Peterson Righellis.
A staff selection team reviewed,scored,and ranked the proposals based on the criteria detailed in the QBS
packet (which excluded price under QBS rules). Staff entered into negotiations with the top ranked firm and,
after a lengthy effort,the sides were unable to agree on a scope and price for the work. In accordance with
the QBS process,staff moved to negotiation of scope and fees with the second rank firm,Century West. The
initial fee from Century West was $985,945. The City reviewed internal budgets for the project and
determined that staff could complete some of the construction inspection of the project saving consultant
costs. With this information,Century West was able to revise their fee to $866,020 and staff is recommending
this be the scope and price of award.
OTHER ALTERNATIVES
The Local Contract Review Board may reject this contract award and direct staff to resolicit for the work.
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
Goal 2 - Invest and connect key areas of the city to promote economic growth and community vitality.
•Strategy 2.2 - Continue to make Downtown Tigard a place people want to be by making substantial
progress on projects that attract new residential and business investment:
•Main Street Green Street Phase 2
DATES OF PREVIOUS COUNCIL CONSIDERATION
This is the first time the Local Contract Review Board has reviewed this potential contract.
Fiscal Impact
Cost: $866,020
Budgeted (yes or no): Yes
Where budgeted?: Transportation CIP
Additional Fiscal Notes:
The negotiated price for this work that the City and Consultant were able to agree to is $866,020.
Appropriations for this work are currently in the Transportation CIP fund (with transfers from Gas Tax
and City Gas Tax). The fund has $1.8 million appropriated for contracted services for this project in FY
2020.
Attachments
No file(s)attached
AIS-3999 4.
Business Meeting One
Meeting Date: 11/05/2019
Length (in minutes): 30 Minutes
Agenda Title: Legislative Public Hearing: Consider Ordinance Adopting a Construction
Excise Tax
Prepared For: Schuyler Warren Submitted By: Schuyler
Warren,
Community
Development
Item Type: Motion Requested Meeting Type: Council
Ordinance Business
Public Hearing- Legislative Meeting-
Main
Public Hearing
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the city collect a construction excise tax of 1 percent on certain new residential and commercial
construction to fund affordable housing programs and developer incentives?
STAFF RECOMMENDATION /ACTION REQUEST
Staff recommends adoption of the ordinance.
KEY FACTS AND INFORMATION SUMMARY
The Affordable Housing Plan adopted by Council in June of 2019 provided a recommendation to adopt a
Construction Excise Tax (CET).This tax,in addition to a recommendation for joint CDBG entitlement,
would form a funding base for City affordable housing initiatives over the next 10 years.Without the tax,
many of the recommendations included in the plan will not be feasible,unless alternative funding sources are
secured.
Local construction excise taxes to fund affordable housing were authorized by the Oregon Legislative
Assembly through Senate Bill 1533 (2016).To date,ten jurisdictions (Portland,Milwaukie,Eugene,Medford,
Corvallis,Tillamook County,Cannon Beach, Hood River County,Hood River City,and Newport) have
passed local CETs. In addition,Bend has had a CET in place since 2006,although it is exempt from the
provisions of the bill.
A construction excise tax is levied on the permit value of all construction in a jurisdiction.The permit value is
based on the construction cost and does not include the value of the land.The permit value is usually
significantly lower than the sale price of the construction. As a result,the effective cost of the CET relative to
the sale price of a home, for example,is lower than one percent.
The cost breakdown of the CET for a typical single detached house would look similar to the following:
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19-
AN ORDINANCE ENACTING A CITYWIDE CONSTRUCTION EXCISE TAX
WHEREAS,there is an identified need for affordable housing in the City of Tigard;and
WHEREAS, in 2016, the Oregon Legislative Assembly passed Senate Bill 1533, which allows cities and
counties to collect construction excise taxes to fund affordable housing;and
WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and
WHEREAS,a key recommendation of that plan is the adoption of a construction excise tax to fund affordable
housing programs within the city;and
WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan 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";and
WHEREAS,the Council desires to continue to develop a sustainable affordable housing program to ensure an
adequate supply of housing for all of Tigard's residents;and
WHEREAS, in 2018, Council adopted an exemption from city systems development charges (SDCs) for
affordable housing developments;and
WHEREAS,a construction excise tax provides a means to offset lost revenue from SDC exemptions;and
WHEREAS,the 2019-2021 Council Goals prioritized adoption of a citywide construction excise tax.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.90 of the Tigard Municipal Code is hereby adopted, as shown on the attached
Exhibit A.
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall 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 dedares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 3: This ordinance shall be effective January 1,2020.
ORDINANCE No. 19-
Page 1
PASSED: By vote of all council members present after being read by number
and title only, this day of ,2019.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of _,2019.
Jason B. Snider,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 19-
Page 2
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 3.90 CONSTRUCTION EXCISE "Commercial" means any structure designed
TAX. or intended to be used, or actually used, for
occupancy for other than residential purposes and
Sections: includes structures otherwise categorized or
described as industrial.
3.90.010 Purpose.
3.90.020 Definitions. "Construct" or "construction" means
3.90.030 Tax Imposed. erecting, constructing, enlarging, altering,
3.90.040 Administration and repairing, improving, or converting any building
Enforcement. or structure for which the issuance of a building
3.90.050 Exemptions. permit is required pursuant to the provisions of
3.90.060 Failure to Pay. Oregon law.
3.90.070 Failure to Maintain Units as
Affordable. "Improvement" means any improvements to
3.90.080 Expenditure of Funds. real property resulting in a new structure,
3.90.090 Statement of Entire Value of additional square footage added to an existing
Improvement Required. structure, or additional living space to an existing
3.90.100 Penalties and Interest. structure.
3.90.110 Enforcement by Civil Action.
3.90.120 Refunds. "Median family income" means median
3.90.130 Appeals. family income by household size as defined
annually by the Housing and Urban Development
3.90.010 Purpose. (HUD) for the Portland-Vancouver Metropolitan
Statistical Area(MSA).
This chapter establishes a construction excise
tax ("CET") on commercial and residential "Net revenue" means revenues remaining
improvements to provide funding for affordable after refunds and the administrative fees described
housing in the City of Tigard. in Section 3.90.080.A are deducted from the total
construction excise tax collected.
3.90.020 Definitions.
"Residential" means any structure designed
As used in this chapter, unless the context or intended to be used, or actually used, for
requires otherwise: occupancy for residential purposes including any
residential structure, dwelling, or dwelling unit.
"Building official" means the building
official for the City of Tigard, or his or her "Value of improvement" means the total
designee. value of the improvement as determined by the
construction permit(s) or building permit(s) for
"City"means the City of Tigard, Oregon. the improvement, regardless of the number of
separate permits issued. The city building official
"City manager" means the city manager for will calculate the total value in accordance with
the City of Tigard, or his or her designee. OAR, i 918-050-0100, Statewide Fee
Methodologies for Residential and Commercial
Permits,or as otherwise provided by law.
3-90-1
Exhibit A
TIGARD MUNICIPAL CODE
the date of issuance of the building permit on
which the improvement value is based and that
3.90.030 Tax Imposed. remain affordable. For purposes of the initial
determination of eligibility for this exemption,the
A. Each person who obtains a permit to city will use the median family income for the
construct a commercial improvement in the city year prior to the date of issuance of the permit on
must pay a commercial CET in the amount of one which the improvement value is based.
percent(1%)of the value of the improvement. Continuing affordability will be determined based
on the median family income for the prior
B. Each person who obtains a permit to calendar year.
construct a residential improvement in the city
must pay a residential CET in the amount of one 2. Accessory dwelling units. This
percent(1%)of the value of the improvement. exemption is repealed automatically on July 31,
2023, after which date the full CET value will be
C. The CET is due and must be paid at the assessed.
time of issuance of a building permit. The CET
amount is assessed at the time of submittal of a 3. Construction or improvements
building permit application. having a total improvement value of less than fifty
thousand dollars($50,000.00).
3.90.040 Administration and
Enforcement. 4. Construction or improvements to a
residential structure that was partially or
The city manager is responsible for the completely destroyed by unintentional means,
implementation, administration, and enforcement such as fire or act of nature, where such
of this chapter. The city manager may adopt such construction or improvement results in a net
policies and procedures as are necessary to increase of living area of ten percent(10%)or less
efficiently and effectively carry out that over the living area of the destroyed structure.
responsibility, consistent with the provisions of
this chapter. 5. Cottage clusters, courtyard units,
and quads, as defined by Title 18.200 of the
3.90.050 Exemptions. Tigard Community Development Code (2019),
from fifty-percent (50%) of the CET. The
A. Notwithstanding TMC 3.90.030, the remaining fifty percent is due and payable as
following are exempt from payment of the CET: provided in Section 3.90.030.C. This exemption
is repealed automatically on July 31,2023.
1. Residential housing units, including
detached housing, that are subject to a deed 6. Public and private school
restriction or other mechanism acceptable to the improvements.
city ensuring that the unit(s) are affordable under
guidelines established by the United States 7. Public improvements as defined in
Department of Housing and Urban Development, ORS 279A.010.
to households that earn no more than eighty
percent (80%) of the median household income 8. Public or private hospital
for a period of at least twenty(20)years following improvements.
3-90-2
Exhibit A
TIGARD MUNICIPAL CODE
the CET will immediately be due and payable as
9. Improvements to religious facilities of the date the unit no longer qualifies as
primarily used for worship or education associated affordable, together with interest and penalties as
with worship. provided in Section 3.90.100. The amount of the
CET will be calculated using the CET in effect at
10. Long-term care facilities, as the time the unit ceases to qualify. The owner of
defined in ORS 442.015, operated by a not-for- record of the unit at the time the unit ceases to
profit corporation. qualify will be obligated to pay. The seller and
buyer, jointly and severally, will be obligated to
11. Residential care facilities, as pay if the unit ceases to qualify as the result of a
defined in ORS 443.400, operated by a not-for- sale, including a sale to a person occupying or
profit corporation. intending to occupy the unit whose income
exceeds the median family income determination
12. Continuing care retirement for the prior year.
communities, as defined in ORS 101.020,
operated by a not-for-profit corporation. 3.90.080 Expenditure of Funds.
13. Any improvements required to be A. The city may retain up to four percent
exempted from this CET by state law. (4%) of the tax collected for payment toward
administrative expenses related to collection and
B. The city may require any person seeking distribution of the tax.
an exemption to demonstrate that the •
improvement is eligible for an exemption and to B. After deducting the administrative fee
establish all necessary facts to support the authorized by subsection A, the net revenue from
exemption. the tax on residential improvements will be
allocated by the city as follows:
3.90.060 Failure to Pay.
1. Fifteen percent (15%) of net
The City may not issue a building permit to revenue will be remitted to the Oregon
any person required to pay the CET unless the Department of Housing and Community Services
person has paid the full amount of CET alleged by to fund home ownership programs.
the city to be due.
2. Fifty percent (50%) of net revenue
3.90.070 Failure to Maintain Units as will fund incentives for the development and
Affordable. construction of affordable housing authorized by
the city as provided by state law.
The exemption for affordable units provided
in Section 3.90.050.A.1. automatically terminates 3. Thirty-five percent (35%) of net
if the unit ceases to qualify as affordable at any revenue will fund programs and activities related
time during the twenty (20) year period of to affordable housing.
affordability. For purposes of this section,
affordability is calculated using the median family C. After deducting the administrative fee
income determination for the preceding calendar authorized by subsection A, fifty percent(50%)of
year. At any time, if the exemption terminates, the net revenue from the tax on commercial
3-90-3
Exhibit A
TIGARD MUNICIPAL CODE
improvements will fund programs of the city within thirty (30) days of notice from the city that
related to housing. the tax is due.
C. Penalties and Interest Merged with Tax.
Any accrued interest and imposed penalties under
3.90.090 Statement of Entire Value of this section will be merged with and become a
Improvement Required. part of the CET required to be paid under this
chapter. This amount becomes the new base for
A. It is a violation of this chapter for any calculating new interest amounts.
person to fail to state or to misstate the full value
of any improvement. 3.90.110 Enforcement by Civil Action.
B. Additional CET will be due on any The CET, and any assessed interest and
increase in the value of the improvement arising penalties, due and owing under this chapter
from the value having been understated or arising constitutes a debt owing to the city by the person
from construction changes that result in increased liable for the tax as set forth in Section 3.90.040.
building permit fees. The city has all remedies available at law and
equity.
3.90.100 Penalties and Interest.
3.90.120 Refunds.
A. Interest. Interest will be due on the
entire amount that the city manager determines A. The city will issue a refund to any
has not been paid and assessed at the rate of ten person who has paid a CET if:
percent (10%) per annum from the due date.
Interest will be assessed to the 15th day of the 1. The person establishes that the tax
month following the due date. Interest amounts was paid for improvements that were otherwise
properly assessed in accordance with this section eligible for an exemption under Section 3.90.050
may not be waived or reduced by the city at the time of permit issuance;
manager.
2. The person establishes that
B. Penalties. In addition to assessing construction of the improvements had not begun
interest, a penalty of five percent (5%) of the and the associated building permit was cancelled
otherwise applicable CET liability will be by the city; or
imposed upon:
3. The city manager determines that
1. Any person who removes one or the amount of any CET, penalty, or interest was
more units from the affordability exemption in erroneously collected or paid to the city.
Section 3.90.050.A.1.
B. The city will either refund all amounts
2. Any person who intentionally fails due within thirty (30) days of a complete request
to state the full value of an improvement. for the refund or give written notice of the reasons
why the request has been denied. Claims for
3. Any person who fails to pay the refunds must be made upon forms provided by the
full amount of the tax, interest, and any penalty city. The request for the refund must be submitted
3-90-4
Exhibit A
TIGARD MUNICIPAL CODE
within three(3)years from the date of payment of
the CET.
C. Denial of a request for refund may be
appealed as provided for in Section 3.90.130.
3.90.130 Appeals.
A. A person who objects to a determination
issued by the city applying the provisions of this
chapter may file for review of the determination
by the city's finance director. The request for
administrative review must be in writing,received
within ten (10) days of the determination, and
must include documentation supporting the
request. The finance director's determination in
the administrative review will be sent by regular
mail.
B. The administrative review determination
of the finance director may be appealed to the city
manager by filing a notice of appeal with the city
manager within ten (10) days of issuance of the
finance director's determination. The notice must
describe the basis for the appeal and the relief
sought.
C. The filing of any notice of appeal does
not stay the effectiveness of the written
determination unless the city manager so directs.
D. Notwithstanding Section 3.90.060, the
city may issue a building permit while an appeal
is pending provided that the applicant posts with
the city the full amount alleged by the city to be
due.No interest will accrue to the applicant on the
deposit.
E. The city manager will provide a written
decision by regular mail to the person who filed
the appeal. The city manager's decision on appeal
is the city's final decision, subject to judicial
review only as provided in ORS 34.010 et seq.
3-90-5
1.1
City of Tigard Respect and Care I Do the Right Thing I Get it Done
t.
Construction Excise Tax
City Council I
November 5, 2019 TIGARD
City of Tigard
Construction Excise Tax (CET)
• Tax levied on the permit value of construction
• CETs made possible by SB 1533 (2016)
- CETs may be levied on both residential and
commercial construction
Cih of Tigard
Construction Excise Tax (CET)
• Residential CETs
- Limited to a maximum of 1 %
- Must be allocated in city budget to defined uses:
- 50% to developer incentives for housing (SDC
exemptions, tax abatements, etc.)
- 35% for affordable housing programs
- 15% to OHCS for homeownership programs in
Tigard
CET
City of Tigard
Construction Excise Tax (CET)
• Commercial/Industrial CETs
- No upper limit but 1 % is typical
- Must be allocated in city budget to defined uses:
- 50% to affordable housing programs
mr.
.
City of Tigard
Who Has Adopted a CET?
• Milwaukie • Cannon Beach
• Medford • Hood River City
• Portland • Newport
• Corvallis • Hood River County
• Eugene • Tillamook County
• Bend*
CET
City of Tigard
Why Adopt a CET?
• Backfills SDC funds from exemptions like the
affordable housing exemption
• Funds flexible affordable housing programs
• Supports affordable homeownership in Tigard
through state down payment assistance programs
• Key implementation step for the Affordable
Housing Plan
CET
City of'Tigard
Yr
How is a CET Assessed?
• Tax levied on the permit value of construction
- Permit value is based on construction cost not sale
price or land value
- Tax is paid prior to building permit issuance, like
permit fees and school excise tax
City of Tigard
How is a CET Assessed?
• Tax levied on the permit value of construction
- Example:
home construction cost: $275, 000
construction excise tax: $2, 750
home sale price: $525, 000
City of Tigard
What is Subject to a CET?
• Generally, all construction that is not exempt
- State-mandated exemptions
- Local exemptions
CET
can of Tigard
What is Subject to a CET?
• State-mandated exemptions
- Affordable rental housing
- Private school improvements
- Public or private hospital improvements
- Improvements to religious facilities
- Agricultural buildings
- Residential improvements that do not add space
- Public improvements under contracting code
- Non-profit care facilities (long-term, residential, or
continuing care)
CET
cit., of Tigard
What is Subject to a CET?
• Locally-proposed exemptions
- Public school improvements
- Affordable housing for sale
- Accessory dwelling units (with a sunset)
- Missing middle (from 50 percent)
- Permits of value $50,000 or less
- Replacement residential structures where the
original structure was destroyed by accident and that
add no more than 10 percent living space
City of Tigard
What is Projected CET Revenue?
• Look back at previous year permit activity
- FY17-18: $2, 113,241
- FY18-19: $1, 746,485
City of Tigard
What Is the CET Revenue Forecast?
PROJECTIONS FROM PREVIOUS YEARS
08/09 $125,144
09/10 $332,884
10/11 $321,914
11/12 $337,424
12/13 $688,604
13/14 $515,001
14/15 $855,818
15/16 $1,113,066
16/17 $1,880,471
17/18 $2,113,241
18/19 $1,746,485
City of Tigard y._.
What Is the CET Budget Forecast?
Commercial
FY Residential Total Total Residential CET Commercial CET CET Total
17/18 $148,596,515 $62,727,585 $1,485,965 $627,276 $2,113,241
18/19 $55,723,512 $118,925,034 $557,235 $1,189,250 $1,746,485
Affordable
OHCS Housing Commercial
FY CET Total Admin. Fee SDC Backfill Programs Programs 50%
17/18 $2,113,241 $84,530 $713,263 $213,979 $800,377 $301,092
18/19 $1,746,485 $69,859 $267,473 $80,242 $758,071 $570,840
Cite of Tigard immumemir
What Will a CET Fund?
• Current Affordable Housing Programs
- Backfilling SDC funds from the affordable housing
exemption program
CET
Cit..- of Tigard
What Will a CET Fund?
• Proposed Affordable Housing Programs
- Down payment assistance and permanent
affordability through community land trust
- Support for purchase of low-cost market-rate units
- Land banking for affordable housing
- Gap financing for affordable rental units
City of Tigard
Thank You.
Questions ?
. AGENDA ITEM No. 4 Date: November 5, 2019
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING ON
ADOPTION OF A CONSTRUCTION
EXCISE TAX
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.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
- '' AGENDA ITEM No. 4 Date: November 5, 2019
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 ofpersons 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
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C PAH COMMUNITY PARTNERS P.O. Box 23206*Tigard, OR 97281-3206 * cpahinc.org
FOR AFFORDABLE HOUSING Tel:503.293.4038* Fax: 503.293.4039*TTY/VCO:800.735.2900
November 4, 2019
City of Tigard SUPPLEMENTAL PACKET
13125 SW Hall Blvd., FOR Akv.S .2-4)/
Tigard, Oregon 97223 (DATE OF MEETING)
Aye ndla. lfems
RE: Letter of support for tax exemptions for land banking for affordable housing by non-profit
developers and a construction excise tax of one percent on certain new residential and commercial lUb• &Ara• s
construction to fund affordable housing programs.
Dear Mayor Jason Snider
Council President John Goodhouse
Councilor Liz Newton
Councilor Tom Anderson
Councilor Heidi Lueb
I am writing on behalf of Community Partners for Affordable Housing(CPAH) in support of two
important local policy changes that will further the development and stabilization of affordable housing.
I had the privilege of participating in the City of Tigard Affordable Housing Task Force and I know that
the Affordable Housing Plan adopted by Council in June provided these important recommendations ; it
is gratifying to participate in a community planning effort that results in real staff proposals,
consideration, and ultimately policy changes.
The savings to organizations developing affordable housing from a tax exemption for land banking are
real; at Red Rock Creek Commons property taxes were $5000 a year while we were waiting to assemble
financing. Other parcels could have significantly higher taxes.
The value provided by holding a parcel for development is particularly meaningful when looking at
places where there are likely to be significant cost increases in land value in the near future, especially
as a result of an investment of public resources. Certainly the SW Corridor is such a place, and the need
for affordable housing along this corridor is great. Decreasing the holding costs connected to land
dedicated to affordable housing can assist with more land being attained for such a use.
Additionally, a construction excise tax, a key Task Force recommendation, will allow the city to pursue
opportunities to purchase land, will provide a funding source so that the city can direct local funds to
important affordable housing projects, and can be dedicated to both rental and homeownership
programs.
The city of Tigard has been a leader in affordable housing and we are pleased to be part of the
conversation and process of adding units.
Thank you for considering these important polices.
Thank you.
ArCIL i 1.) 014
Rachael Duke
Executive Director
CPAH does not discriminate against any person on the basis of age,race,color,religion,sex,sexual orientation or gender A
identity,disability(physical,mental or developmental),familial or marital status,or national origin,in admission or
M"`NO `
access to,or treatment of,residents,employees or volunteers in any of its projects or programs.
SUPPLEMENTAL PACKET
FOR /l/o v . ao I 1
(DATE OF MEETING) Community Housing Fund
G dA_ rhS 3700 SW Murray Blvd.,#190
Al'D /I /G 5- Beaverton,OR 97005
`i do V 503.846.5794
November 5, 2019
City of Tigard
Mayor Jason Snider
And City Council Members
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Comments on Consideration of Construction Excise Tax(CET), and
Amendment of Tigard Code 3.50 Tax Exemptions for Non-Profit Affordable Housing
Dear Mayor Snider and City Council Members:
The Community Housing Fund would like to express its support for two of the items being
considered on the November 5, 2019 agenda. CHF had the opportunity to participate in the
development of your most recent Affordable Housing Plan (adopted in June). We see both
ordinances as critical to actualization of that plan, as well as to achievement of the City
Council's goal to "grow and develop in a smart and inclusive manner."
As you are aware,ten other local jurisdictions have adopted Construction Excise Tax ordinances
(CET's) since SB 1533 in 2016 made this strategy available. Most of these adoptees are small
cities like Tigard, who have had to carefully balance the decision to charge additional fees for
development, with the pressing needs of current and future residents. Unfortunately,the
preponderance of Tigard residents with severe rent burdens is part of what drove the City to
update its Affordable Housing Plan. Without clear and decisive action on the strategies in that
plan,the number of households who are rent-burdened will remain constant, or even increase.
The is one of the few strategies available to the City to generate additional funds for affordable
housing. We have reviewed the staff recommendation and analysis, and believe the
recommended rate will not place undue burden on new developments,the list of additionally
exempted developments is thoughtful, and the proposed uses match your housing plan and
goals (housing incentives, flexible gap for affordable housing, and homeownership programs).
Similarly,the updating proposed for your Non-Profit Affordable Housing Tax Exemption will
allow the City to pursue goals expressed in the Affordable Housing Plan. Allowing for land
banking, particularly as SW Corridor planning continues and market options decrease in
number and increase in price, is an important strategy. Updating income targeting to match
changes in the regulatory framework of the projects most frequently associated with this
program (Low Income Housing Tax Credit, or LIHTC) makes good sense.
The City of Tigard has demonstrated leadership in Washington County when it comes to
planning for and supporting affordable housing.The City's motto ("a place to call home") is
important for households of all incomes.Thank you for reflecting this, once again, in the
policies you consider and adopt.
Sincerely,
Sheila Greenlaw-Fink
Executive Director
I ' SUPPLEMENTAL PACKET
PROUD (DATE OF MEETING)
GROUND A ye He Aid 5-
November 5, 2019
RE: Comments on Consideration of Construction Excise Tax and Amendment of
Tigard Code 3.50Tax Exemption for Non-Profit Affordable Housing
I am the Deputy Director of Proud Ground, the region's Community Land Trust. We
provide permanently affordable homeownership opportunities for low- and moderate-
income households. In 2018, Proud Ground's Board of Directors made the strategic
decision to focus on the City of Tigard as part of a larger effort to mitigate displacement
along the SW Corridor. Proud Ground has worked collaboratively with the City, Metro,
local developers, and non-profit partners on the feasibility of developing permanently
affordable homes within the City. As a member of Tigard's Affordable Housing Task Force
who helped develop the City's Affordable Housing Plan, I am in support of both
ordinances. Construction Excise Tax and the Tax Exemption for Non-Profit Affordable
Housing will leverage new sources to develop affordable housing in the City and
mitigate displacement of its residents.
The Construction Excise Tax was one of the key recommendations of the Affordable
Housing Task Force. It is essential to pursuing the other recommendations within the plan,
including the ability purchase land and support first-time homeownership programs. It is
also critical that this type of funding has defined uses that support the community's
needs. As part of Unite Oregon SW Corridor Cohort, it is clear that the community need
centers around affordable housing. We are in support of the community development
staff's proposed programming, which includes an affordable homeownership program
managed by a community land trust to provide down-payment assistance and permanent
affordability. This programming is flourishing in Beaverton and Hillsboro. With CET, we
can bring this program to Tigard and ensure that its residents have permanently
affordable housing.
In the same vein, the Amendment of Tigard Code 3.50 Tax Exemption for Non-Profit
Affordable Housing would support the development of affordable housing. It is a critical
part of making affordable housing developments pencil. Currently, Proud Ground has
multiple opportunities to purchase land in Tigard to create permanently affordable homes,
but we cannot afford to hold the land during pre-development of the projects without tax
exemption. This amendment would allow for Proud Ground and our affordable housing
partners to land bank. A land banking program is already in early stages of development
for the SW Corridor and this amendment would ensure that Tigard is part of that strategy.
Supporting the Construction Excise Tax and Exemption Amendment are the first
steps to being part of the affordable housing solution.
�u�rnre Stwzt 1J101.t.
5288 N INTERSTATE AVE., PORTLAND, OREGON 97217, 503.493.0293, www.proudground.org
IVIETPOPOLIT ,A. N.1.
--
LAND GROUP NILO
November 5, 2019
SUPPLEMENTAL PACKET
Mayor Jason Snider and Members of the City Council FOR l- S C2C'/`1
City of Tigard (DATE OF MEETING)
13125 SW Hall Blvd., /�
Tigard, Oregon 97223 4161i`/`'t-
RE: Construction Excise Tax
Dear Mayor Snider and Members of the City Council,
Unfortunately, I'm unable to attend this evening's Council meeting but wanted to offer comments for consideration
during the public hearing of the Construction Excise Tax.
In alignment with comments that will be submitted by the Home Builders Association, we respectfully request the
City hold off approving a Construction Excise Tax (CET) until a companion effort is moved forward to amend
certain aspects of System Development Charges (SDC).
The following two SDC reform ideas would benefit the entire housing industry while minimizing the impact to local
jurisdictions:
• Vest SDC rates upon the submission of a land use review application. Currently, SDC rates are
determined upon the issuance of a building permit. Because rates change annually—and often times
dramatically— it is extremely important for a builder to properly identify SDC rates early on in the
development process. However, builders are unable to lock in SDC rates until they complete the lengthy
review process. As such, the City should provide SDC rate vesting at the submission of a complete land
use review application.
• Collect SDCs prior to the issuance of certificate of occupancy. Currently, SDCs are collected at the
issuance of a building permit to help offset the impact that new projects have on the City's infrastructure.
Given the nexus between impacts and SDCs, the most appropriate point of collection is prior to the
issuance of certificate of occupancy. As such, the City should collect SDCs prior to issuance of certificate of
occupancy.
Thank you for considering this request.
Sincerely,
gl/L.
Marc Farrar
Director of Government and Community Relations
17933 NW EVERGREEN PKVVY, SUITE 300, BEAVERTON, OREGON 97006
PHONE (503) 597-7100 FAx (503) 597-7149
AIS-4022 5.
Business Meeting One
Meeting Date: 11/05/2019
Length (in minutes):20 Minutes
Agenda Title: Legislative Public Hearing:Consider Ordinance Amending TMC 3.50 Tax Exemptions
for Non-Profit Affordable Housing
Prepared For: Schuyler Warren,Community Development
Submitted By: Schuyler Warren,Community Development
Item Type: Motion Requested Meeting Type: Council Business Meeting
Ordinance - Main
Public Hearing-Legislative
Public Hearing: No Publication Date:
I
Information
ISSUE
Shall Council adopt amendments to Tigard Municipal Code Chapter 3.50 to provide tax exemptions for land
banking for affordable housing by non-profit developers?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends adoption of the amendments.
KEY FACTS AND INFORMATION SUMMARY
The Affordable Housing Plan adopted by Council in June provides a recommendation that the tax exemption
program be updated to bring it in line with state law and to allow for tax exemptions for land banking.
In 1985, the Oregon Legislative Assembly adopted statutes that allow local jurisdictions to provide property
tax exemptions to non-profit affordable housing developers. Tigard was an early leader in adopting a tax
exemption program under state law,becoming the second Metro-area jurisdiction to do so in 1996.
Since that time,this exemption has helped lower annual operating costs for non-profit affordable housing
providers and aided new development by helping providers demonstrate these lowered costs to lenders. In
recent years,two non-profit housing providers have utilized this program to exempt taxes across five Tigard
properties. Of these properties, four are operated by Tigard-based provider Community Partners for
Affordable Housing.
In 1997, the Legislative Assembly updated the state law to allow for tax exemptions for land held for the
purpose of developing affordable housing.
Tigard's municipal code implementing this program has not been updated since its original adoption,and as a
result has fallen behind these updates to state law. This means that the city is missing a key incentive for the
development of affordable housing-land banking.This strategy is especially important with the potential
development of the Southwest Corridor light rail line. Land banking allows non-profit providers to "lock up"
property for development before property values rise significantly and hold the land for development until
funding for construction is available.
This strategy is also important because land banking is one of the key components of the Metro regional
affordable housing bond passed by voters in 2018. Metro has reserved 10 percent of the bond proceeds to
acquire properties.
OTHER ALTERNATIVES
Council could decline to adopt the amendments, and the non-profit affordable housing tax exemption
program will continue in its current format.
COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS
June 2017 - Adoption of the Affordable Housing Plan
DATES OF PREVIOUS COUNCIL CONSIDERATION
June 2016 -Adoption of the Tigard Affordable Housing Plan
Attachments
Ordinance
Exhibit A
Presentation
.% .
Affordable Housing Tax
Exemption Program Update
City Council .111 .
November 5, 2019 TIGARD
Cite ofTigard
Tax Exemption Adoption
• Allowed by state law passed in 1985
- ORS 307.540 - 548
- For qualified affordable housing
- Must be operated by non-profit
- Exempts only city taxes
- Each taxing district must adopt own exemption
- If districts representing 51 % of tax bill value adopt
exemption, then a full exemption is granted.
City ofT igard
Tigard Tax Exemption Program
• Tigard adopted in 1996
- Second Metro-area jurisdiction to do so
- Program has not been updated since
- TTSD and Tigard together represent more than 51 %
of tax value
Cin ofTigard
Program Procedure
• Program requires annual application
- Non-profits must apply for each property
- Staff reviews materials and makes recommendation
- Council adopts resolution approving exemption
• TTSD
- Practice is to adopt exemption annually on a per-
property basis
City ofTigard
Properties Exempted in 2019
• Community Partners for Affordable Housing
- Village at Washington Square (26 units)
- Greenburg Oaks (84 units)
- Knoll at Tigard (48 units)
- Four-bedroom single detached house
• Resident Resources
- Hawthorn Villa (118 units)
AH Tax Exemption
City ofTigard _ ..
Future Properties Likely to Qualify
• Community Partners for Affordable Housing
- Red Rock Creek Commons (48 units)
• Community Development Partners
- 72nd and Baylor (80 units)
• Northwest Housing Alternatives
- Senior Center Housing ("50 units)
AH Tax Exe A - -
City ofTigard
Changes in State Law
• ORS 307.540 now allows:
- properties held for later development (land
banking) to qualify for exemptions
- clawback provisions that allow a city to assess back
taxes in the event a property leaves affordability or is
not developed
Cih ofTigard
Why Land Banking?
• Lowers holding costs for developers during
assembly of the financing stack which can
sometimes take years
• Allows developers to buy properties at lower costs
• Supports equitable housing in the Southwest
Corridor
• Aligns with the land purchase goals of the Metro
regional affordable housing bond passed in 2018
City ofTigard
Why a Clawback?
• Protects city in the event that a development
leaves affordability or is never developed
City ofTigard
Thank You.
Questions ?
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19-
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.50 NON-PROFIT CORPORATION
LOW-INCOME HOUSING TO INCLUDE TAX EXEMPTIONS FOR LAND BANKING AND
REMEDIES FOR PROPERTIES THAT T.FAVE AFFORDABILITY
WHEREAS,there is an identified need for affordable housing in the City of Tigard;and
WHEREAS, in 1985, the Oregon Legislative Assembly adopted legislation that allows cities and counties to
exempt qualified affordable housing operated by non-profit corporations from property taxes;and
WHEREAS,in 1996,the City Council adopted a local property tax exemption program for affordable housing
operated by non-profit corporations under the provisions of the state law;and
WHEREAS,in 1997, the Oregon Legislative Assembly adopted amendments to state law that allows cities to
extend the non-profit affordable housing exemption to land planned for development;and
WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and
WHEREAS, a key recommendation of that plan is an update to the city's affordable housing tax exemption
program to bring it into concordance with subsequent changes to state law and to support land banking for
affordable housing;and
WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan 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";and
WHEREAS,property tax exemptions reduce carrying costs for non-profit affordable housing providers;and
WHEREAS, the Council desires to continue to encourage and support the development and operation of
affordable housing.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.50 of the Tigard Municipal Code is hereby amended, as shown on the attached
Exhibit A.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By vote of all council members present after being read by number
and title only,this day of ,2019.
ORDINANCE No. 19-
Page 1
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of ,2019.
Jason B. Snider,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 19-
Page 2
TIGARD MUNICIPAL CODE
Chapter 3.50 NON-PROFIT 3.50.020 Nonprofit Corporation Low
CORPORATION Income Housing; Exemption;
LOW-INCOME HOUSING. Criteria.
Sections: A. Property that meets all of the following
criteria shall will be exempt from taxation as
3.50.010 Definitions. provided in this section.
3.50.020 Nonprofit Corporation Low
Income Housing; Exemption; 1. The property is owned or being
Criteria. purchased by a corporation described in that is
3.50.040 Application For Exemption. exempt from income taxes under section 501(c)(3)
3.50.050 Determination Of Eligibility or(4) of the Internal Revenue Code that is exempt
For Exemption; Notice To from income taxation under section 501(a) of the
County Assessor. Internal Revenue Code as amended before
3.50.060 Termination of Exemption. December 1, 1984.
2. Upon liquidation, the assets of the
3.50.010 Definitions. corporation are required to be applied first in
payment of all outstanding obligations, and the
A. "Governing body" means the City of balance remaining, in cash and in kind, to be
Tigard City Council. distributed to corporations exempt from taxation
and operated exclusively for religious, charitable,
B. "Low-income" means: income at or scientific, literary or educational purposes or to the
below 60 percent of the area median income as State of Oregon.
information from the United States Department of 3. The property is_ occupied—by—few
(Ord. 96-34) .
1. For the initial year a person a. Occupied by low income
occupies property for which an application for persons; or
exemption is filed under this chapter, income at or
below 60 percent of the area median income as b. Held for the purpose of future
determined by the Oregon Housing Stability development as low-income housing.
Council based on information from the United
States Department of Housing and Urban 4. The property or portion of the
Development; and property receiving the exemption, is actually and
exclusively used for the purposes described in
2. For every subsequent consecutive section 501(c) (3) or (4) of the Internal Revenue
year that the person occupies the property, income Code as amended before December 1, 1984.
at or below 80 percent of the area median income
as determined by the Oregon Housing Stability 5. The exemption has been approved
Council based on information from the United as provided in section 3.50.050.
States Department of Housing and Urban
Development. B. For the purposes of subsection(1)of this
section, a corporation that has only a leasehold
3-50-1 SE Update: 12/01
TIGARD MUNICIPAL CODE
interest in property is deemed to be a purchaser of exempted amount of each property being applied
that property if: for under this chapter;
1. The corporation is obligated under 41-. A description of the property for
the terms of the lease to pay the ad valorem taxes which the exemption is requested;
on the real and personal property used in this
activity on that property; or 52. A description of the charitable
purpose of the project and whether all or a portion
2. The rent payable by the corporation of the property is being used for that purpose;
has been established to reflect the savings resulting
from the exemption from taxation. 63. A certification of income levels of
low income occupants;
C. A partnership shall will be treated the
same as a corporation to which this section applies 74. A description of how the tax
if the corporation is: exemption will benefit project residents;-aod
1. A general partner of the partnership; 85. A declaration that the corporation
and has been granted an exemption from income taxes
under 26 U.S.C. section 501(c) (3) or (4) as
2. Responsible for the day to day amended before December 1, 1981..1
operation of the property that is the subject of the
exemption. (Ord. 96-34) 9. A description of the development of
the property if the property is being held for future
3.50.040 Application For Exemption. low income housing development; and
A. To qualify for the exemption provided by 10. Any other information required by
3.50.020, the corporation shall must file an state or local law or which is otherwise reasonably
application for exemption with the governing body necessary to effectuate the purposes of this chapter
for each assessment year the corporation wants the at the time the application is submitted.
exemption. The application shall must be filed on
or before March 1 of the assessment year for which C. The application must include the
the exemption is applied fef, except that when the following statements:
property designated is acquired after March 1 and
before July 1, the claim for that year shall must be 1. That the applicant is aware of all
filed within 30 days after the date of acquisition. requirements for property tax exemption imposed
The application shall must include the following by this chapter;
information:
2. That the applicant's property
1. The applicant's name, address, and qualified or, upon completion of the rehabilitation
telephone number; improvements and subsequent occupancy by low
income persons, will qualify for exemption at the
2. The assessor's account number for time of application approval or within 30 days of
each site; the March 1 application deadline;
3. The number of units and the 3. That the applicant acknowledges
3-50-2 SE Update: 1 2/0 1
TIGARD MUNICIPAL CODE
responsibility for compliance with the Tigard owner(s) by mailing the notice to the last known
Municipal Code, regardless of whether the address of the owner(s), and to every known
applicant obtains the exemption provided by this lender, by mailing the notice to the last known
chapter;and address of every known lender. The notice will
state the reasons for the proposed termination and
4. That the applicant agrees to furnish require the owner(s)to appear at a specified time,
other information which is reasonably necessary to not less than 20 days after mailing the notice, to
fulfill the objectives of this chapter. show cause, if any,why the exemption should not
be terminated.
CB. The applicant shall must verify the
information provided in the application as required B. If the owner(s) fail to appear and show
by subsections B and C above by oath or cause why the exemption should not be terminated,
affirmation. (Ord.96-34) the governing body will notify every known
lender, and allow any lender not less than 30 days
3.50.050 Determination Of Eligibility after the date the notice of failure to appear and
For Exemption; Notice To show cause is mailed to cure any noncompliance or
County Assessor. to provide adequate assurance to the governing
body that all noncompliance will be remedied.
A. Within 30 days of the filing of an
application under section 3.50.040, the governing C. If the owner(s) fail to appear and show
body shall will determine whether the applicant cause why the exemption should not be terminated,
qualifies for the exemption under 3.50.020. If the and the lender fails to cure or give adequate
governing body determines the applicant qualifies, assurance of the cure of noncompliance, the
the governing body shall will certify to the assessor governing body will adopt a resolution stating its
of the county where the real property is located that findings that terminate the exemption. Within 10
all or a portion of the property shall be exempt days of the adoption of the resolution,a copy of the
from taxation under the levy of the certifying resolution will be filed with the county assessor
governing body. and sent to the owner(s) at the owner(s)' last
known address and to the lender at the last known
B. Upon receipt of certification under address of the lender.
subsection (4-) A of this section, the county
assessor shall will exempt the property from D. Upon the county assessor's receipt of the
taxation to the extent certified by the governing city's termination findings:
body.(Ord. 96-34)
1. The exemption granted to the
3.50.060 Termination of Exemption. housing unit or portion under this chapter
immediately terminates, without right of notice or
A. If the governing body determines that appeal;
property that has received an exemption under this
chapter in anticipation of future development of 2. The property will be assessed and
low-income housing is being used for any purposes taxed as other property similarly situated is
other than the provision of low-income housing,or assessed and taxed;and
that any provision of this chapter is not being
complied with,the governing body will give notice 3. Notwithstanding ORS 311.235,
of the proposed termination of the exemption to the there will be added to the general property tax roll
3-50-3 SE Update: 12/01
TIGARD MUNICIPAL CODE
for the tax year next following the presentation or
discovery, to be collected and distributed in the
same manner as other real property tax,an amount
equal to the difference between the taxes assessed
against the property and the taxes that would have
been assessed against the property had it not been
exempt under this chapter for each of the years,not
to exceed the last 10 years, during which the
property was exempt from taxation under this
chapter.
E. The assessment and tax rolls will show
potential additional tax liability for each property
granted an exemption under this chapter if the
property is being held for future development of
low-income housing.
F. Additional taxes collected under this
section will be deemed to have been imposed in the
year to which the additional taxes relate. ■
3-50-4 SE Update: 12/01
COMMUNITY PARTNERS P.O. Box 23206*Tigard, OR 97281-3206* cpahinc.org
C PA
FOR AFFORDABLE HOUSING Tel:503.293.4038 * Fax:503.293.4039 *TTY/VCO:800.735.2900
November 4, 2019
City of Tigard SUPPLEMENTAL PACKET
13125 SW Hall Blvd., FOR NQV"S f
Tigard, Oregon 97223 (DATE OF MEETING)
,glenda- Hems
RE: Letter of support for tax exemptions for land banking for affordable housing by non-profit
developers and a construction excise tax of one percent on certain new residential and commercial Nb• BC J°• 5-
construction to fund affordable housing programs.
Dear Mayor Jason Snider
Council President John Goodhouse
Councilor Liz Newton
Councilor Tom Anderson
Councilor Heidi Lueb
I am writing on behalf of Community Partners for Affordable Housing (CPAH) in support of two
important local policy changes that will further the development and stabilization of affordable housing.
I had the privilege of participating in the City of Tigard Affordable Housing Task Force and I know that
the Affordable Housing Plan adopted by Council in June provided these important recommendations ; it
is gratifying to participate in a community planning effort that results in real staff proposals,
consideration, and ultimately policy changes.
The savings to organizations developing affordable housing from a tax exemption for land banking are
real; at Red Rock Creek Commons property taxes were $5000 a year while we were waiting to assemble
financing. Other parcels could have significantly higher taxes.
The value provided by holding a parcel for development is particularly meaningful when looking at
places where there are likely to be significant cost increases in land value in the near future, especially
as a result of an investment of public resources. Certainly the SW Corridor is such a place, and the need
for affordable housing along this corridor is great. Decreasing the holding costs connected to land
dedicated to affordable housing can assist with more land being attained for such a use.
Additionally, a construction excise tax,a key Task Force recommendation, will allow the city to pursue
opportunities to purchase land, will provide a funding source so that the city can direct local funds to
important affordable housing projects, and can be dedicated to both rental and homeownership
programs.
The city of Tigard has been a leader in affordable housing and we are pleased to be part of the
conversation and process of adding units.
Thank you for considering these important polices.
Thank you.
hcAdia
Rachael Duke
Executive Director
CPAI-does not discriminate against any person on the basis of age,race,color,religion,sex,sexual orientation or gender A
identity,disability(physical,mental or developmental),familial or marital status,or national origin,in admission or
access to,or treatment of,residents,employees or volunteers in any of its projects or programs. E'�«+ `
SUPPLEMENTAL PACKET
FOR /l/i v .
(DATE OF MEETING) Community Housing Fund
A_leod& 1-/-,C✓hS 3700 SW Murray Blvd.,#190
• „O f/ '( �a C Beaverton,OR 97005
N 't Oc 503.846.5794
November 5, 2019
City of Tigard
Mayor Jason Snider
And City Council Members
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Comments on Consideration of Construction Excise Tax (CET), and
Amendment of Tigard Code 3.50 Tax Exemptions for Non-Profit Affordable Housing
Dear Mayor Snider and City Council Members:
The Community Housing Fund would like to express its support for two of the items being
considered on the November 5, 2019 agenda. CHF had the opportunity to participate in the
development of your most recent Affordable Housing Plan (adopted in June). We see both
ordinances as critical to actualization of that plan, as well as to achievement of the City
Council's goal to "grow and develop in a smart and inclusive manner."
As you are aware,ten other local jurisdictions have adopted Construction Excise Tax ordinances
(CET's) since SB 1533 in 2016 made this strategy available. Most of these adoptees are small
cities like Tigard, who have had to carefully balance the decision to charge additional fees for
development,with the pressing needs of current and future residents. Unfortunately,the
preponderance of Tigard residents with severe rent burdens is part of what drove the City to
update its Affordable Housing Plan. Without clear and decisive action on the strategies in that
plan, the number of households who are rent-burdened will remain constant, or even increase.
The is one of the few strategies available to the City to generate additional funds for affordable
housing. We have reviewed the staff recommendation and analysis, and believe the
recommended rate will not place undue burden on new developments,the list of additionally
exempted developments is thoughtful, and the proposed uses match your housing plan and
goals (housing incentives, flexible gap for affordable housing, and homeownership programs).
Similarly,the updating proposed for your Non-Profit Affordable Housing Tax Exemption will
allow the City to pursue goals expressed in the Affordable Housing Plan. Allowing for land
banking, particularly as SW Corridor planning continues and market options decrease in
number and increase in price, is an important strategy. Updating income targeting to match
changes in the regulatory framework of the projects most frequently associated with this
program (Low Income Housing Tax Credit, or LIHTC) makes good sense.
The City of Tigard has demonstrated leadership in Washington County when it comes to
planning for and supporting affordable housing. The City's motto ("a place to call home") is
important for households of all incomes.Thank you for reflecting this, once again, in the
policies you consider and adopt.
Sincerely,
Sheila Greenlaw-Fink
Executive Director
SUPPLEMENTAL PACKET
I FOR I/- - ao/�
PROUD (DATE OF MEETING)
GROUND ,4ykkiw 1 e�
November 5, 2019
RE: Comments on Consideration of Construction Excise Tax and Amendment of
Tigard Code 3.50Tax Exemption for Non-Profit Affordable Housing
I am the Deputy Director of Proud Ground, the region's Community Land Trust. We
provide permanently affordable homeownership opportunities for low- and moderate-
income households. In 2018, Proud Ground's Board of Directors made the strategic
decision to focus on the City of Tigard as part of a larger effort to mitigate displacement
along the SW Corridor. Proud Ground has worked collaboratively with the City, Metro,
local developers, and non-profit partners on the feasibility of developing permanently
affordable homes within the City. As a member of Tigard's Affordable Housing Task Force
who helped develop the City's Affordable Housing Plan, I am in support of both
ordinances. Construction Excise Tax and the Tax Exemption for Non-Profit Affordable
Housing will leverage new sources to develop affordable housing in the City and
mitigate displacement of its residents.
The Construction Excise Tax was one of the key recommendations of the Affordable
Housing Task Force. It is essential to pursuing the other recommendations within the plan,
including the ability purchase land and support first-time homeownership programs. It is
also critical that this type of funding has defined uses that support the community's
needs. As part of Unite Oregon SW Corridor Cohort, it is clear that the community need
centers around affordable housing. We are in support of the community development
staff's proposed programming, which includes an affordable homeownership program
managed by a community land trust to provide down-payment assistance and permanent
affordability. This programming is flourishing in Beaverton and Hillsboro. With CET, we
can bring this program to Tigard and ensure that its residents have permanently
affordable housing.
In the same vein, the Amendment of Tigard Code 3.50 Tax Exemption for Non-Profit
Affordable Housing would support the development of affordable housing. It is a critical
part of making affordable housing developments pencil. Currently, Proud Ground has
multiple opportunities to purchase land in Tigard to create permanently affordable homes,
but we cannot afford to hold the land during pre-development of the projects without tax
exemption. This amendment would allow for Proud Ground and our affordable housing
partners to land bank. A land banking program is already in early stages of development
for the SW Corridor and this amendment would ensure that Tigard is part of that strategy.
Supporting the Construction Excise Tax and Exemption Amendment are the first
steps to being part of the affordable housing solution.
�uime Stint ?/enu
5288 N INTERSTATE AVE., PORTLAND, OREGON 97217, 503.493.0293, www.proudground.org
AGENDA ITEM No.5 Date: November 5, 2019
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING ON
ORDINANCE AMENDING TMC 3.50
TAX EXEMPTIONS FOR NON-PROFIT
AFFORDABLE HOUSING
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.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
AGENDA ITEM No.5 Date: November 5, 2019
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 ofpersons 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.
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AIS-4021 6.
Business Meeting One
Meeting Date: 11/05/2019
Length (in minutes):45 Minutes
Agenda Title: Receive Update on Local Option Levy Planning
Prepared For: Marty Wine,City Management Submitted By: Carol Krager,Central
Services
Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting
-Main
Public Hearing: No Publication Date:
Information
ISSUE
Receive information and findings from recent planning activities to seek a Local Option Levy in May 2020,
including:
•An update on the status of facility planning efforts
•Feedback about the levy received from outreach efforts and events underway this fall
•A report of the work and advice of the Levy and Bond Task Force
•A report from DHM Research providing survey findings from the recent survey of Tigard voters
STAFF RECOMMENDATION /ACTION REQUEST
Council is asked to consider and discuss the appropriate criteria to seek a local option levy with Tigard voters.
Staff recommends criteria to determine whether or not to pursue a local option levy, such as:
•Sufficient time to establish the need for a levy with the community.
•Explain and educate about the city's budget,and for the city to understand public perception about a
levy and fee increases.
•Present a clear,defined proposal that illustrates benefits to the community.
•Council's unanimous support to refer a measure.
•Survey indicates a clear path of voter support for the levy from a majority of likely voters (60%+),with
up to 40%+ of strong support.
Council is requested to identify questions and additional information needed about a decision to move
forward. Based on today's information, staff recommends that the city should not seek a local option levy in
May 2020 at this time based on the above criteria.
KEY FACTS AND INFORMATION SUMMARY
Update on Facilities Planning.While implementing the Levy Communications and Engagement Plan,
Council asked that planning for a future Police facility would continue.The city is working with FFA
Architecture + Design to determine priorities for a new facility. FFA has completed a space needs review for a
future building,and programmatic (more in-depth) space planning.Today's update provides findings from the
latest FFA report,including diagrams and renderings for the project.
Levy Communications &Engagement Plan. In April,the Council approved a communications and
engagement plan divided into three phases. Phase I was to Inform and Consult the Community about the
Levy(June to September),with a goal of enaging the public about the cost and value of city services. On
September 25,Council received a report about these activities and feedback the Tigard community has given
about the proposal.We are now in Phase II: Refining the Levy Proposal(October 2019 to January 2020),in
which the City Council and staff are focused on refuting and conveying key messages and refining the levy
proposal.Various meetings,mailings and outreach are planned and Council will receive a report about what
has been done and what we've heard so far. Outreach underway includes connecting with board and
committees,hosting Council Outreach events, and adding a tax calculator to the city's website so the
community can determine the financial impact to their household. Staff is beginning now to work with the
Oregon Secretary of State's office on getting safe harbor for materials that will be used if a levy is referred.
Levy and Bond Task Force. The Levy and Bond Advisory Task Force adds an important voice in pursuing
the City Council's goal regarding a levy.The task force has met for a third and final meeting to discuss the
services voters value and are willing to pay for.The Task Force received the survey results at their October 18
meeting and developed a final report to the Council,which is attached.The Task Force suggests that a May
2020 ballot measure is not recommended,although they will support the Council's decision.They recommend
that more time is needed to educate and advocate.The Task Force has other input for Council,including
information voters need to better understand the city finances and service levels,and the most effective
communication tools and messages.
Survey. Tigard has contracted with DHM Research to conduct up to three surveys.The purpose of the
survey is to understand satisfaction with police services generally,test messages that would cause a voter to
support or oppose a measure,and gauge support for a local option levy for police patrol and neighborhood
safety.The findings of the first telephone (landline and text-to-online) survey was conducted with Tigard
voters October 3-8,and a presentation of results is attached.The survey results will be presented at this
Council meeting by DHM.
OTHER ALTERNATIVES
If the City Council chooses to refer a local option levy to voters for the May 2020 election,the decision to go
to voters or not would be made in late January 2020.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
City Council Goal 1: Ensure the City's continued financial stability and sustainability while providing
mandated services. Seek ways to fund and increase services valued by the community.
Strategic Plan Goal 4: Fund the vision while maintaining core services.
DATES OF PREVIOUS COUNCIL CONSIDERATION
3/26/2019 -Initial Discussion of Potential Local Option Levy and/or Bond
4/23/2019 -Discuss Local Option Levy and Facility Bond Alternatives
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
•
Attachments
Survey presentation
Levy Bond TF Recommendation
Staff presentation
1 s Ill
TIGARD
City of Tigard
October 29, 2019
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Levy Bond Task Force guidance
Honorable Mayor Snider and City Councilors,
Knowing there is much interest surrounding the city's operations and funding sources, we
understand that any ask of the voters is not something taken lightly. We know there's a need to
assess and thoroughly examine conditions before any decision is made regarding additional
funding. We also want to ensure that if the City of Tigard moves forward with a local option levy,
that such an effort is successful.
In the eyes of the Levy Bond Task Force, success is, among other things, the thorough development
of a funding package that focuses solely on one issue. Success is developing an ask that promotes a
safe community. And success is being strategic and intentional, in thought and action, which would
bring these recommendations from ideas to implementation.
In simple terms, success will be contingent upon showing the need. We feel that before any ask is
made, the city needs to embark on an educational campaign, where the city's story is told, and
finances are explained. The community should see and clearly understand the benefit of a
successful levy passage -what it includes and why we need these resources.
After much discussion amongst the Levy Bond Task Fore members, a few themes emerged.The
group clearly stated that we would support whatever decision Council makes. That said, the
guidance provided includes:
A May 2020 ballot measure is not recommended. More time is needed to educate and
advocate.
Any measure should have a sole focus. In this instance, the focus should be on police
services.
y- Don't focus on selecting a date. Spend energy working on addressing perceptions,
explaining finances, including the need for additional funding, and building partnerships
that can help with the effort.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
With that said, we want to thank you for the opportunity to serve on the Levy Bond Task Force.
Although our work as a group is coming to an end, we do look forward to continuing the
conversation, and being part of the solution.
Sincerely,
2019 Levy Bond Task Force
Ahsha Miranda
Alan Miles
Brenda Frank
Carl Switzer
Chris Middaugh
Christopher Staggs
Clifford Rone
Darlene Dick, Chair
Erin Scheller
Holly Koontz
Jamie Watson
John Roberts
Kate Rogers
Linda Monahan
Marc Woodard
Melody Graeber
Mitch Friedman
CITY OF TIGARD
Respect and Care I Do the Right Thing I Get it Done
TIGARD
Planning: Local Option Levy
City Council Briefing I November 5, 2019
CITY OF TIGARD
For Review Tonight
Reminder — Phase II : Refine Levy Proposal
Facility Planning
Communications: Outreach and Engagement
Levy & Bond Task Force
Survey results
Recommendations for now
Discussions, Questions, and Direction
CITY OF TIGARD
UPDATE : What we've done...
• Contract with FFA Architecture and Interiors, Inc.
• Scope included :
• Working with stakeholder teams to update and refine space
needs.
• Assessment of potential structural and architectural upgrades
to determine the feasibility of expanding the existing PD.
• Updating the 2016 Facility Condition Assessment.
• Investigation of available alternative sites in Tigard for a new
public safety facility.
• Diagrammatic adjacency space planning.
CITY OF TIGARD
UPDATE : What we've heard ...
• Additional space is needed, in all divisions, to improve efficiency.
• Security, including secured parking, is a priority.
• The current facility was built to allow a second floor.
• There are few properties currently available in Tigard large
enough for a new public safety facility.
• Programming results indicate the need for a facility that is
almost 50,000 square feet.
• The total square footage requirement for a site is approximately
74,680.
CITY OF TIGARD
UPDATE: What we've done...
In-Person Engagement
• Outreach efforts did not stop after the previous levy.
• 94 events attended by City of Tigard :
5 Pop Up in the Park events _ t., - f
4 Chat with the Chief events }_!
r , r
2 Emergency Preparedness Fairs
1 Police Open House t
• Other events include: Tigard Chamber Forum, Just
Compassion Forum, Latino Festival, 5th Tuesdays.
CITY OF TIGARD
UPDATE : What we've done...
Digital Engagement
• Social Media
27 posts on Facebook, lnstagram, Nextdoor and Twitter
63,968 people reached
• Original Content
17 original articles
3 Mayor's Corners shared with 22,169 Cityscape subscribers
3 videos: 'Minutes Matter', 'Safety Comes First', and State of
the City
1 City Report Card sent to all utility billing customers
CITY OF TIGARD
UPDATE : What we've done...
• Survey about "safe routes"
• Levy Bond Task Force: Aug. 21, Sept. 18, Oct. 16
• Tigard Police Open House: September 21
• Council discussions: April 29, Sept. 24, Oct. 1, Nov. 5
• Council Outreach
• Performance Audit- recommendations and metrics
• Survey
CITY OF TIGARD
UPDATE : What we've heard...
Takeaways from Our Outreach Efforts
1. People are surprised by the number of , I 1
patrol officers. aY 7174 y .«
2. Communication must be consistent, i v .- 0 ,
::v J
concise, and jargon-free.
4 :
3. We need to explain how this levy is
different than the previous levy. 4
4. We must balance data with stories.
5. We need a diverse group of messengers.
CITY OF TIGARD
Levy & Bond Task Force: What we've done...
• Reconvened LBTF in August 2019. 12 returning
members. Five newly appointed .
• Met three times: Aug. 22, Sept. 18, Oct. 16.
• Presentation topics included 2018 levy efforts,
proposed 2020 levy package, city finances, outreach
and engagement, Safe Routes to Schools, police
operations, messaging, and ballot titles.
• Letter to Council .
CITY OF TIGARD
UPDATE : What we've heard ...
• A May 2020 ballot measure is not recommended.
More time is needed to educate and advocate.
• Any measure should have a sole focus. In this instance,
the focus should be on police services.
• Don't focus on selecting a date. Spend energy working
on addressing perceptions, explaining finances,
including the need for additional funding, and building
partnerships that can help with the effort.
CITY OF TIGARD
DHM Presents: Survey Results
• From October 3 to 8, DHM Research conducted a voter survey.
• Purpose:
• Understand satisfaction with police services generally
• Test messages that would cause a voter to support or
oppose a measure
• Gauge voter support for a local option levy
• Information for Council to inform go/no-go decision
• John Horvick and Tony laccarino, DHM Research
CITY OF TIGARD
Council Discussion : Levy Refinement & Go/No-
Go Decision
• Reminder: referral would be end of January 2020
• What are the criteria Council will use to decide?
• Should the levy package be refined? How?
• What's needed if Tigard moves forward with a ballot
measure?
CITY OF TIGARD
Recommended Criteria :
• Sufficient time to establish the need.
• Explain and educate about budget: optics, perceptions,
and fee increases.
• Present a clear, defined proposal that illustrates
benefits.
• Unanimous support amongst Councilors.
• Survey with support in the 60%+ range, with 40%+ of
strong support.
CITY OF TIGARD
Staff Recommendations:
• Do not move forward with a measure for May 2020.
• Create a city-wide strategic communications plan .
• Educate about city operations and budget.
• Implement performance audit recommendations.
• Other things to learn from another survey?
• Continue identifying service needs, including long-term
facilities plan .
• Report back to Council with quarterly status reports.
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City of Tigard
Public Safety Levy
October 2019
. " dhm
TIGARD RESEARCH
Research purpose
■ Measure voter support for five-year City of Tigard local-option
levy for police patrol and neighborhood safety
■ Identify strongest reasons to support and oppose Tigard levy
■ Assess impact of possible Washington County public safety levy
on support for Tigard levy
■ Evaluate alternative funding measures, including police station
bond , and bond to fund building to house all City services
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Methodology
■ Hybrid telephone and online survey of 300 Tigard voters
■ Conducted October 3-8, 2019; 16 minutes to complete
■ Quotas set and data weighted by age, gender, party, and
precinct to ensure a representative sample
■ Margin of error ±5.6%
■ Due to rounding , some totals may differ by ±1 from the sum of
separate responses
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Key takeaways: general mood
■ Voter sentiment in Tigard is positive, with most voters feeling
confident that things in Tigard are heading in the right direction .
■ Overall satisfaction with police and public safety in Tigard
remains high .
■ A majority of Tigard voters feel as safe now as they have felt in
the last few years.
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Key takeaways: opposition to levy
■ Support for a police patrol and neighborhood safety levy is low
and soft, with opposition higher and stronger.
■ Concerns about housing affordability and cost of living are the
primary reasons why voters oppose funding the levy.
■ Affordability concerns are shared across every demographic
group.
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Key takeaways : support for levy
■ Support increases as voters learn more about the levy, but is still not
enough to reach a majority.
■ Voters respond well to arguments that the levy will:
✓Enhance police capacity to deal with population growth and multiple
emergencies
✓Offer additional officer training and resources to address mental illness and
homelessness
✓Provide kids with safer routes between school and home
■ Knowing that only a small portion of the levy is dedicated to safety
improvements along school routes boosts support significantly.
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
General perceptions
of the City of Tigard
A solid majority of Tigard voters feel things are headed in the
right direction, though there's been a slight decline since 2017.
76% 68%
Right
65% direction
21% Don't
• 18% know
19%• 11% 17% Wrong
track
Jan. 2017 Dec. 2017 Oct. 2019
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 8
Voters express high levels of satisfaction with police and
public safety, though there's been a slight decline since 2017.
2017 Total satisfaction 2019 Total satisfaction
96% 92%
65% Somewhat
53% satisfied
% Very
38
32% satisfied
Jan. 2017 Oct. 2019
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Most voters consider Tigard as safe as it was a few years ago,
but those who consider it less safe outnumber those who view
it as more safe.
More safe M
11%
Less safe
21%
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 10
ini
a)
>i
a)
ra
■
E
Support for the police patrol and neighborhood safety
levy is low and soft, with opposition higher and stronger.
54%
38% 23%
21%
31%
8%
Certain 16% MEE
Yes No Don't know
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Clarifying that the levy would increase taxes for the typical
homeowner by $125 per year boosts support slightly.
52% 54%
42%
f 38% 22%
31% 31% ° 8%
Certain 19% 16% 6/°
Test Pre-test Test Pre-test Test Pre-test
Yes No Don't know
DHM RESEARCH CITY OF TIGARD PUBLIC SAFETY LEVY OCTOBER 2019
Reasons to support the levy
Two of the top-tier reasons to support the levy are about
enhancing police capacity to deal with population growth and
multiple emergencies.
Very
Very good Good Poor poor Don't know
Provide enough officers to respond to
multiple emergencies 35% 41% 13% 70/0 50/
Hire ten new officers to keep up with
population growth and keep our 31% 11.1 41% 16% 8%
community safe
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 15
Two other top-tier reasons are about additional officer training
and resources to address mental illness and homelessness.
Very
Very good Good Poor poor Don't know
Provide officers with advanced training in
crisis intervention and de-escalation
strategies to help people suffering from 34% 36% 14% 17%
mental illness
Hire new officers who work full time to
connect the homeless with services and
help get them off the streets 30% 0 15% 9%
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 16
A final top-tier reason is about keeping kids safe when
traveling between home and school.
Very
Very good Good Poor poor Don't know
Provide kids with safer routes
between school and home 35% 36% 14% 11%
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 17
Lower-tier reasons are about enhancing community policing,
reducing response times, protecting the economy, and adding
school safety officers.
Very
Very good Good Poor poor Don't know
Enhance community policing 24% 41% 21% 8% 6%
Hire ten new officers to reduce
response times 23% 44% 21% 9%
Protect businesses and investments .. ..
in homes 21% 10% ' .
Provide school resource officers to
22% 1110 38% IMO 21% 13% 7%
keep young people safe
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 18
Reasons to oppose the levy
Affordability issues top the list of reasons to oppose the
levy.
Very
Very good Good Poor poor Don't know
Increasing property taxes will make
housing even less affordable and make it
harder for most families to make ends 42% 33% 13% 8%
meet
Property taxes are already too high. We
just can't afford to pay any more 39% 32% 16% 9%
10.
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 20
Middle-tier reasons to oppose the levy include voter frustration
with repeated funding requests and likely competition from
other funding measures.
Very
Very good Good Poor poor Don't know
City leaders keep asking us for money.
This has got to stop. 27% 35% 21% 11% 7%
There are more important funding
measures on the ballot next year. 20% 38% 22% 12% 7%
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 21
Lower-tier opposition arguments are that voters do not trust
Tigard to spend money wisely, that it already possesses
sufficient police capacity, and that the City is doing just fine.
Very good Good Poor Very poor Don't know
I don't trust the City of Tigard to spend 22% 24% 29% 16% 9%
funds wisely
There are plenty of police patrols and
public safety presence now and Tigard 17% 28% 28% 18% 8%
doesn't need more
Things in Tigard are just fine. We don't 16% r !°. 28% 19% 7%
need more government services
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 22
Cl)
a)
1
L.
>i%
a)
-J
After learning more about the levy, general voter support
increased, though still falls short of a majority.
51% 54%
43%
38% 21% NW (14%)
20%` Renters (13%)
Precinct 405 (7%)
Seniors (7%)
Certain 24% ° 30% 31% 6% 8% Children in HH (5%)
16/°
Test Pre-test Test Pre-test Test Pre-test
Increases between
Yes No Don't know Pre-test and test
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
Knowing that only a very small portion of the levy is dedicated
to safety improvements along school routes helps increase
support significantly.
Much Somewhat Somewhat Much Don't
more likely more likely less likely less likely know
2-3¢ (out of 46¢) per $1000 22% 33% 18% 18% 9%
assessed value
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 25
Alternative funding measures
and approaches
If a Washington County public safety levy were on the same
ballot it would have little impact on support for the Tigard levy.
42% 44% 43%
26% YES on
both
NO on YES on Tigard Police
Tigard, YES 18% Tigard, NO Levy re-test
on Wash Co 11% on Wash Co total support
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 27
Voter were also asked about a bond to fund a new police
station ; support was low and soft, opposition was stronger and
harder.
50%
40%
25%
31% 9%
Certain 15%
Yes No Don't know
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
60% of voters prefer that some public safety funding
measure be placed on the ballot, but they don't provide clear
guidance as to whether it should be a levy, a bond, or both.
60%
27%
23% 23%
i 4' o 12%
Neither levy nor Levy and bond Levy now, bond Bond now, levy Don't know
bond now now later later
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019
If given a choice, voters prefer one big ask to fund a building to
house all City services, rather than multiple smaller asks for a
police station and other needs though many voters are
uncertain.
50% Ask voters only
"I once to fund a
building that
includes all 28%
Ask voters to fund ° services now,
the police building 22 /0 and don't ask
now and come back for multiple tax
to ask for other increases over
needs later. time.
Don't know
DHM RESEARCH I CITY OF TIGARD PUBLIC SAFETY LEVY I OCTOBER 2019 30
Additional Considerations
Washington County
Vote Share by Party in Primary Elections of Presidential Years
Democrat / Republican / NAV/other
R +2 D +15 D+ 9 D+ 15
16 /o
0 11% 13% 12%
31% 39% 31%
42%
56% 48% 56%
40%
2004 2008 2012 2016
Washington County
Vote Share by Party in General Elections of Presidential Years
Democrat / Republican / NAV/other
R +3 D +10 D +9 D +15
25% 23% 27% 29%
0
39% 33 0 32% 28%
36%
43% 41% 43%
2004 2008 2012 2016
Polling comparisons to consider
Turnarounds
• Salem police facility: failed in 2016, passed in 2017
• Portland transportation funding: street fee to gas tax
Pulled
• Jackson County jail bond
• Tualatin civic center
Additional research considerations
• Test cost sensitivity: would a lower rate improve likelihood of passage
• Test alternative packages: would a different mix of services change
support (e.g., focus on homelessness or traffic safety)
• Measure changes: awareness of problems, opinions about public safety,
and support for additional funding
• Qualitative research with key stakeholders: business leaders,
neighborhood associations, active members of NextDoor
John Horvick
jhorvick@dhmresearch.com
allingi Tony laccarino
tiaccarino@dhmresearch.com
RESEARCH dhmresearch.com
. City of Tigard, OregonIII I'
Affidavit of Posting
TIGARD
In the Matter of the Proposed Ordinance(s)
STA 1'F, OF OREGON )
County of Washington ) ss.
City of Tigard )
I, (-vc liZ) A- j`-'. ! 49 e ir- , being first duly sworn (or affirmed),by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number(s) I ' , / ? ,which were adopted at the City Council
/
meeting of / V') '-) • -57 I'' ,with a copy(s) of said Ordinance(s) being hereto
attached and by reference made a part hereof, on the
1,
6 f day of �l/V—C4'14/' ,20 I % .
1. Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon
3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon
/7)-1 12144 r
Signature of Person who Performed P frog
Scribed d sworn (or affirmed) before me this day of
Abwieeniee>v , 20 /9
/ /
OFFICIAL STAMP
EDGARDO MALDONADO Signature • ' otary Public for Oregon
:r NOTARY PUBLIC OREGON
'J.r COMMISSION NO.991417
MY COMMISSION EXPIRES OCTOBER 01,2023
L•uam1dthyYonnslpost ordinance 20013.doc
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19-'6
AN ORDINANCE ENACTING A CITYWIDE CONSTRUCTION EXCISE TAX e, tw iteteel
WHEREAS,there is an identified need for affordable housing in the City of Tigard; and
WHEREAS, in 2016, the Oregon Legislative Assembly passed Senate Bill 1533, which allows cities and
counties to collect construction excise taxes to fund affordable housing;and
WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and
WHEREAS, a key recommendation of that plan is the adoption of a construction excise tax to fund affordable
housing programs within the city;and
WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan 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";and
WHEREAS,the Council desires to continue to develop a sustainable affordable housing program to ensure an
adequate supply of housing for all of Tigard's residents;and
WHEREAS, in 2018, Council adopted an exemption from city systems development charges (SDCs) for
affordable housing developments;and
WHEREAS,a construction excise tax provides a means to offset lost revenue from SDC exemptions;and
WHEREAS,the 2019-2021 Council Goals prioritized adoption of a citywide construction excise tax.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.90 of the Tigard Municipal Code is hereby adopted, as shown on the attached
Exhibit A.
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 3: This ordinance shall be effective January 1,2020.
ORDINANCE No. 19-/a
PASSED: By 2GWt0,1dil.Q--? vote of council members present after being read by number
and title only,this � day of ay council
,2019.
` 'Q4c/4 , 7(� ,
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this 5-14"day of ./(/!L`e.� -e-t ,2019.
a . Snider,Mayor
Approved as to form:
CY,(----
City Attorney
iti sl aota
Date
ORDINANCE No. 19- 1 6
Pace 2
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 3.90 CONSTRUCTION EXCISE "Commercial" means any structure designed
TAX. or intended to be used, or actually used, for
occupancy for other than residential purposes and
Sections: includes structures otherwise categorized or
described as industrial.
3.90.010 Purpose.
3.90.020 Definitions. "Construct" or "construction" means
3.90.030 Tax Imposed. erecting, constructing, enlarging, altering,
3.90.040 Administration and repairing, improving, or converting any building
Enforcement. or structure for which the issuance of a building
3.90.050 Exemptions. permit is required pursuant to the provisions of
3.90.060 Failure to Pay. Oregon law.
3.90.070 Failure to Maintain Units as
Affordable. "Improvement" means any improvements to
3.90.080 Expenditure of Funds. real property resulting in a new structure,
3.90.090 Statement of Entire Value of additional square footage added to an existing
Improvement Required. structure, or additional living space to an existing
3.90.100 Penalties and Interest. structure.
3.90.110 Enforcement by Civil Action.
3.90.120 Refunds. "Median family income" means median
3.90.130 Appeals. family income by household size as defined
annually by the Housing and Urban Development
3.90.010 Purpose. (HUD) for the Portland-Vancouver Metropolitan
Statistical Area(MSA).
This chapter establishes a construction excise
tax ("CET") on commercial and residential "Net revenue" means revenues remaining
improvements to provide funding for affordable after refunds and the administrative fees described
housing in the City of Tigard. in Section 3.90.080.A are deducted from the total
construction excise tax collected.
3.90.020 Definitions.
"Residential" means any structure designed
As used in this chapter, unless the context or intended to be used, or actually used, for
requires otherwise: occupancy for residential purposes including any
residential structure,dwelling, or dwelling unit.
"Building official" means the building
official for the City of Tigard, or his or her "Value of improvement" means the total
designee. value of the improvement as determined by the
construction permit(s) or building permit(s) for
"City"means the City of Tigard, Oregon. the improvement, regardless of the number of
separate permits issued. The city building official
"City manager" means the city manager for will calculate the total value in accordance with
the City of Tigard, or his or her designee. OAR 918-050-0100, Statewide Fee
Methodologies for Residential and Commercial
Permits, or as otherwise provided by law.
3-90-1
Exhibit A
TIGARD MUNICIPAL CODE
the date of issuance of the building permit on
which the improvement value is based and that
3.90.030 Tax Imposed. remain affordable. For purposes of the initial
determination of eligibility for this exemption,the
A. Each person who obtains a permit to city will use the median family income for the
construct a commercial improvement in the city year prior to the date of issuance of the permit on
must pay a commercial CET in the amount of one which the improvement value is based.
percent(1%)of the value of the improvement. Continuing affordability will be determined based
on the median family income for the prior
B. Each person who obtains a permit to calendar year.
construct a residential improvement in the city
must pay a residential CET in the amount of one 2. Accessory dwelling units. This
percent(1%)of the value of the improvement. exemption is repealed automatically on July 31,
2023, after which date the full CET value will be
C. The CET is due and must be paid at the assessed.
time of issuance of a building permit. The CET
amount is assessed at the time of submittal of a 3. Construction or improvements
building permit application. having a total improvement value of less than fifty
thousand dollars($50,000.00).
3.90.040 Administration and
Enforcement. 4. Construction or improvements to a
residential structure that was partially or
The city manager is responsible for the completely destroyed by unintentional means,
implementation, administration, and enforcement such as fire or act of nature, where such
of this chapter. The city manager may adopt such construction or improvement results in a net
policies and procedures as are necessary to increase of living area of ten percent(10%)or less
efficiently and effectively carry out that over the living area of the destroyed structure.
responsibility, consistent with the provisions of
this chapter. 5. Cottage clusters, courtyard units,
and quads, as defined by Title 18.200 of the
3.90.050 Exemptions. Tigard Community Development Code (2019),
from -frfttlyereerrt—f50.707 of the CET. The
A. Notwithstanding TMC 3.90.030, the emaining fifty percent is due and payable as
following are exempt from payment of the CET: provided in Section 3.90.030.C. This exemption
is repealed automatically on July 31, 2023.
1. Residential housing units, including
detached housing, that are subject to a deed 6. Public and private school
restriction or other mechanism acceptable to the improvements.
city ensuring that the unit(s) are affordable under
guidelines established by the United States 7. Public improvements as defined in
Department of Housing and Urban Development, ORS 279A.010.
to households that earn no more than eighty
percent (80%) of the median household income 8. Public or private hospital
for a period of at least twenty (20)years following improvements.
C75-p
ia) amen/id/
3-90-2 ‘7 L
Exhibit A
TIGARD MUNICIPAL CODE
the CET will immediately be due and payable as
9. Improvements to religious facilities of the date the unit no longer qualifies as
primarily used for worship or education associated affordable, together with interest and penalties as
with worship. provided in Section 3.90.100. The amount of the
CET will be calculated using the CET in effect at
10. Long-term care facilities, as the time the unit ceases to qualify. The owner of
defined in ORS 442.015, operated by a not-for- record of the unit at the time the unit ceases to
profit corporation. qualify will be obligated to pay. The seller and
buyer, jointly and severally, will be obligated to
11. Residential care facilities, as pay if the unit ceases to qualify as the result of a
defined in ORS 443.400, operated by a not-for- sale, including a sale to a person occupying or
profit corporation. intending to occupy the unit whose income
exceeds the median family income determination
12. Continuing care retirement for the prior year.
communities, as defined in ORS 101.020,
operated by a not-for-profit corporation. 3.90.080 Expenditure of Funds.
13. Any improvements required to be A. The city may retain up to four percent
exempted from this CET by state law. (4%) of the tax collected for payment toward
administrative expenses related to collection and
B. The city may require any person seeking distribution of the tax.
an exemption to demonstrate that the
improvement is eligible for an exemption and to B. After deducting the administrative fee
establish all necessary facts to support the authorized by subsection A, the net revenue from
exemption. the tax on residential improvements will be
allocated by the city as follows:
3.90.060 Failure to Pay.
1. Fifteen percent (15%) of net
The City may not issue a building permit to revenue will be remitted to the Oregon
any person required to pay the CET unless the Department of Housing and Community Services
person has paid the full amount of CET alleged by to fund home ownership programs.
the city to be due.
2. Fifty percent (50%) of net revenue
3.90.070 Failure to Maintain Units as will fund incentives for the development and
Affordable. construction of affordable housing authorized by
the city as provided by state law.
The exemption for affordable units provided
in Section 3.90.050.A.1. automatically terminates 3. Thirty-five percent (35%) of net
if the unit ceases to qualify as affordable at any revenue will fund programs and activities related
time during the twenty (20) year period of to affordable housing.
affordability. For purposes of this section,
affordability is calculated using the median family C. After deducting the administrative fee
income determination for the preceding calendar authorized by subsection A, fifty percent(50%)of
year. At any time, if the exemption terminates, the net revenue from the tax on commercial
3-90-3
Exhibit A
TIGARD MUNICIPAL CODE
improvements will fund programs of the city within thirty (30) days of notice from the city that
related to housing. the tax is due.
C. Penalties and Interest Merged with Tax.
Any accrued interest and imposed penalties under
3.90.090 Statement of Entire Value of this section will be merged with and become a
Improvement Required. part of the CET required to be paid under this
chapter. This amount becomes the new base for
A. It is a violation of this chapter for any calculating new interest amounts.
person to fail to state or to misstate the full value
of any improvement. 3.90.110 Enforcement by Civil Action.
B. Additional CET will be due on any The CET, and any assessed interest and
increase in the value of the improvement arising penalties, due and owing under this chapter
from the value having been understated or arising constitutes a debt owing to the city by the person
from construction changes that result in increased liable for the tax as set forth in Section 3.90.040.
building permit fees. The city has all remedies available at law and
equity.
3.90.100 Penalties and Interest.
3.90.120 Refunds.
A. Interest. Interest will be due on the
entire amount that the city manager determines A. The city will issue a refund to any
has not been paid and assessed at the rate of ten person who has paid a CET if:
percent (10%) per annum from the due date.
Interest will be assessed to the 15th day of the 1. The person establishes that the tax
month following the due date. Interest amounts was paid for improvements that were otherwise
properly assessed in accordance with this section eligible for an exemption under Section 3.90.050
may not be waived or reduced by the city at the time of permit issuance;
manager.
2. The person establishes that
B. Penalties. In addition to assessing construction of the improvements had not begun
interest, a penalty of five percent (5%) of the and the associated building permit was cancelled
otherwise applicable CET liability will be by the city;or
imposed upon:
3. The city manager determines that
1. Any person who removes one or the amount of any CET, penalty, or interest was
more units from the affordability exemption in erroneously collected or paid to the city.
Section 3.90.050.A.1.
B. The city will either refund all amounts
2. Any person who intentionally fails due within thirty (30) days of a complete request
to state the full value of an improvement. for the refund or give written notice of the reasons
why the request has been denied. Claims for
3. Any person who fails to pay the refunds must be made upon forms provided by the
full amount of the tax, interest, and any penalty city. The request for the refund must be submitted
3-90-4
Exhibit A
TIGARD MUNICIPAL CODE
within three(3)years from the date of payment of
the CET.
C. Denial of a request for refund may be
appealed as provided for in Section 3.90.130.
3.90.130 Appeals.
A. A person who objects to a determination
issued by the city applying the provisions of this
chapter may file for review of the determination
by the city's finance director. The request for
administrative review must be in writing,received
within ten (10) days of the determination, and
must include documentation supporting the
request. The finance director's determination in
the administrative review will be sent by regular
mail.
B. The administrative review determination
of the finance director may be appealed to the city
manager by filing a notice of appeal with the city
manager within ten (10) days of issuance of the
finance director's determination. The notice must
describe the basis for the appeal and the relief
sought.
C. The filing of any notice of appeal does
not stay the effectiveness of the written
determination unless the city manager so directs.
D. Notwithstanding Section 3.90.060, the
city may issue a building permit while an appeal
is pending provided that the applicant posts with
the city the full amount alleged by the city to be
due.No interest will accrue to the applicant on the
deposit.
E. The city manager will provide a written
decision by regular mail to the person who filed
the appeal. The city manager's decision on appeal
is the city's final decision, subject to judicial
review only as provided in ORS 34.010 et seq.
3-90-5
f �
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19- 17
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.50 NON-PROFIT CORPORATION
LOW-INCOME HOUSING TO INCLUDE TAX EXEMPTIONS FOR LAND BANKING AND
REMEDIES FOR PROPER IILS THAT LEAVE AFFORDABILITY
WHEREAS,there is an identified need for affordable housing in the City of Tigard;and
WHEREAS, in 1985, the Oregon Legislative Assembly adopted legislation that allows cities and counties to
exempt qualified affordable housing operated by non-profit corporations from property taxes;and
WHEREAS,in 1996, the City Council adopted a local property tax exemption program for affordable housing
operated by non-profit corporations under the provisions of the state law;and
WHEREAS, in 1997, the Oregon Legislative Assembly adopted amendments to state law that allows cities to
extend the non-profit affordable housing exemption to land planned for development;and
WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and
WHEREAS, a key recommendation of that plan is an update to the city's affordable housing tax exemption
program to bring it into concordance with subsequent changes to state law and to support land banking for
affordable housing;and
WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan 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";and
WHEREAS,property tax exemptions reduce carrying costs for non-profit affordable housing providers;and
WHEREAS, the Council desires to continue to encourage and support the development and operation of
affordable housing.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.50 of the Tigard Municipal Code is hereby amended, as shown on the attached
Exhibit A.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By at-ad vote ofjll council members present after being read by number
o
and title only,this_ ¶ "day of 41ie/rt4 L— ,2019.
ORDINANCE No. 19-1 7
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this -� day of /l✓eiterM-+e%Z- ,2019.
C
Jaso . Snider,Mayor
Approved as to form:
City Attorney
t 1 I
s 9
Date
ORDINANCE No. 19- 17
Page 2
• i i
TIGARD MUNICIPAL CODE
Chapter 3.50 NON-PROFIT 3.50.020 Nonprofit Corporation Low
CORPORATION Income Housing; Exemption;
LOW-INCOME HOUSING. Criteria.
Sections: A. Property that meets all of the following
criteria :than will be exempt from taxation as
3.50.010 Definitions. provided in this section.
3.50.020 Nonprofit Corporation Low
Income Housing; Exemption; 1. The property is owned or being
Criteria. purchased by a corporation described in that is
3.50.040 Application For Exemption. section 501(c)(3)
3.50.050 - Determination Of Eligibility or(4) of the Internal Revenue Code that is exempt
For Exemption; Notice To from income taxation under section 501(a) of the
County Assessor. Internal Revenue Code as amcndcd before
3.50.060 Termination of Exemption. December 1, 1981.
2. Upon liquidation, the assets of the
3.50.010 Definitions. corporation are required to be applied first in
payment of all outstanding obligations, and the
A. "Governing body" means the City of balance remaining, in cash and in kind, to be
Tigard City Council. distributed to corporations exempt from taxation
and operated exclusively for religious, charitable,
B. "Low-income" means: income at or scientific,literary or educational purposes or to the
State of Oregon.
3. The property is_ e
(Ord.96-34) inseme-peFsens.
1. For the initial year a person a. Occupied by low income
occupies property for which an application for Persons; or
exemption is filed under this chapter,income at or
below 60 percent of the area median income as b. Held for the purpose of future
determined by the Oregon Housing Stability development as low-income housing.
Council based on information from the United
States Department of Housing and Urban 4. The property or portion of the
Development; and property receiving the exemption, is actually and
exclusively used for the purposes described in
2. For every subsequent consecutive section 501(c) (3) or (4) of the Internal Revenue
year that the person occupies the property, income Code as amended bef re December 1 1984
at or below 80 percent of the area median income
as determined by the Oregon Housing Stability 5. The exemption has been approved
Council based on information from the United as provided in section 3.50.050.
States Department of Housing and Urban
Development. B. For the purposes of subsection(1)of this
section, a corporation that has only a leasehold
3-50-1 SE Update: 12/01
TIGARD MUNICIPAL CODE
interest in property is deemed to be a purchaser of exempted amount of each property being applied
that property if: for under this chapter:
1. The corporation is obligated under 44-. A description of the property for
the terms of the lease to pay the ad valorem taxes which the exemption is requested;
on the real and personal property used in this
activity on that property; or 52. A description of the charitable
purpose of the project and whether all or a portion
2. The rent payable by the corporation of the property is being used for that purpose;
has been established to reflect the savings resulting
from the exemption from taxation. 63. A certification of income levels of
low income occupants;
C. A partnership shall will be treated the
same as a corporation to which this section applies 74. A description of how the tax
if the corporation is: exemption will benefit project residents;.
1. A general partner of the partnership; 83. A declaration that the corporation
and has been granted an exemption from income taxes
under 26 U.S.C. section 501(c) (3) or (4) as
2. Responsible for the day to dayamended bef fe December. 1 A84 •
operation of the property that is the subject of the
exemption. (Ord. 96-34) 9. A description of the development of
the property if the property is being held for future
3.50.040 Application For Exemption. low income housing development;and
A. To qualify for the exemption provided by 10. Any other information required by
3.50.020, the corporation shell must file an state or local law or which is otherwise reasonably
application for exemption with the governing body necessary to effectuate the purposes of this chapter
for each assessment year the corporation wants the at the time the application is submitted.
exemption. The application shell must be filed on
or before March 1 of the assessment year for which C. The application must include the
the exemption is applied fef, except that when the following statements:
property designated is acquired after March 1 and
before July 1, the claim for that year shall must be 1. That the applicant is aware of all
filed within 30 days after the date of acquisition. requirements for property tax exemption imposed
The application shall must include the following by this chapter;
information:
2. That the applicant's property
1. The applicant's name, address, and qualified or, upon completion of the rehabilitation
telephone number; improvements and subsequent occupancy by low
income persons, will qualify for exemption at the
2. The assessor's account number for time of application approval or within 30 days of
each site: the March 1 application deadline;
3. The number of units and the 3. That the applicant acknowledges
3-50-2 SE Update: 12/01
TIGARD MUNICIPAL CODE
responsibility for compliance with the Tigard owner(s) by mailing the notice to the last known
Municipal Code, regardless of whether the address of the owner(s), and to every known
applicant obtains the exemption provided by this lender, by mailing the notice to the last known
chapter; and address of every known lender. The notice will
state the reasons for the proposed termination and
4. That the applicant agrees to furnish require the ownerfs) to appear at a specified time,
other information which is reasonably necessary to not less than 20 days after mailing the notice, to
fulfill the objectives of this chapter. show cause, if any,why the exemption should not
be terminated.
CI3. The applicant shall must verify the
information provided in the application as required B. if the owner(s) fail to appear and show
by subsections B and C above by oath or cause why the exemption should not be terminated,
affirmation. (Ord.96-34) the governing body will notify every known
lender, and allow any lender not less than 30 days
3.50.050 Determination Of Eligibility after the date the notice of failure to appear and
For Exemption; Notice To show cause is mailed to cure any noncompliance or
County Assessor. to provide adequate assurance to the governing
body that all noncompliance will be remedied.
A. Within 30 days of the filing of an
application under section 3.50.040, the governing C. If the owner(s) fail to appear and show
body shall will determine whether the applicant cause why the exemption should not be terminated,
qualifies for the exemption under 3.50.020. If the and the lender fails to cure or give adequate
governing body determines the applicant qualifies, assurance of the cure of noncompliance, the
the governing body shell will certify to the assessor governing body will adopt a resolution stating its
of the county where the real property is located that findings that terminate the exemption. Within 10
all or a portion of the property shall be exempt days of the adoption of the resolution,a copy of the
from taxation under the levy of the certifying resolution will be filed with the county assessor
governing body. and sent to the owners) at the owner(s)' last
known address and to the lender at the last known
B. Upon receipt of certification under address of the lender.
subsection (4. A of this section, the county
assessor shall will exempt the property from D. Upon the county assessor's receipt of the
taxation to the extent certified by the governing city's termination findings:
body. (Ord. 96-34)
1. The exemption granted to the
3.50.060 Termination of Exemption. housing unit or portion under this chapter
immediately terminates, without right of notice or
A. If the governing body determines that appeal;
property that has received an exemption under this
chapter in anticipation of future development of 2. The property will be assessed and
low-income housing is being used for any purposes taxed as other property similarly situated is
other than the provision of low-income housing, or assessed and taxed;and
that any provision of this chapter is not being
complied with,the governing body will give notice 3. Notwithstanding ORS 311.235,
of the proposed termination of the exemption to the there will be added to the general property tax roll
3-50-3 SE Update: 12/01
TIGARD MUNICIPAL CODE
for the tax year next following the presentation or
discovery, to be collected and distributed in the
same manner as other real property tax, an amount
equal to the difference between the taxes assessed
against the property and the taxes that would have
been assessed against the property had it not been
exempt under this chapter for each of the years,not
to exceed the last 10 years, during which the
property was exempt from taxation under this
chapter.
E. The assessment and tax rolls will show
potential additional tax liability for each property
granted an exemption under this chapter if the
property is being held for future development of
low-income housing.
F. Additional taxes collected under this
section will be deemed to have been imposed in the
year to which the additional taxes relate. ■
3-50-4 SE Update: 12/01