ORDINANCE No. Amends City Code to create a Transportation User Fee paid by both businesses/non-residential and households/residential to fund Pot'tland?s transportation needs, primarily transportation maintenance and safety needs (Ordinance; add Code Chapter 17.21) The City of Portland ordains: Section 1. The Council Finds: l. The City is behind in addressing the maintenance-need's of much of its aging infrastructure. Portland?s 4,827 lane miles of paved streets show continuing decline, with 48 percent of the city?s most trafficked streets? in poor or very poor condition, the most expensive categories to repair. The Portland Bureau of Transportation (PBOT) reported that to bring the pavement system to better condition it would cost an additional $91 million per year for ten years. The c'ost_of deferring that need will-keep increasing as it becomes more expensive to rebuild roads after they have failed, versus conducting preventive maintenance at time on the right street. 2. Maintenance and proper operation of the streets is required in order to protect the public health, safety and welfare. 3. The needs of the transportation system have significantly outpaced resource growth. 4. The majority of PBOT's revenue comes from Federal, State, and regional grants, parking revenue, interagency revenues from City bureaus, cost recovery revenues (service charges, licenses, and permits) and the Gas Tax. For the FY 13-14 Adopted Budget, PBOT received two percent of the City of Portland General Fund, of which 63 percent pays for the electricity for street lights. 5. PBOT's Financial Task Force and Budget Advisory Committee have outlined concerns about the future of transportation funding. The State and County gas tax falls short of the revenue needed to address maintenance and safety needs. Federal funds are declining and have restrictions on their use. There is Widespread recognition that local governments must solve their funding needs. 6. The average Portland household pays $25.19 in State and local gas taxes each month. Only 11 percent, or $2.82, comes directly to PBOT for discretionary spending. 7. To learn more about the needs outlined above and identify a solution, PBOT sought extensive public input on the status ofthe transportation system. Two citywide scientific polls were conducted asking Portlanders what the top transportation needs are and what the best mechanism is to fund those needs. In addition to the polls, seven Town Halls were held to solicit input from the community.8. The top priorities for transportation identified through the public outreach include maintaining the existing system,improving the safety of the streets for all users and improving public transit, especially in areas that lack service. 9. The Transportation Needs and Funding Advisory Committee (Advisory Committee) was formed with the purpose of guiding the process to help solve Portland's transportation problems. The Advisory Committee included business people, neighborhood representatives and members of transportation interest groups. l0. The Advisory Committee determined that a new funding mechanism was needed and recommended the Transportation User Fee contained in this ordinance. ll. It is appropriate for those using the transportation system to pay the costs required to maintain the assets and improve the safety of the system. The Transportation User Fee is based upon the premise that all users of the system (transit, bicycle, pedestrians, and motor vehicles) contribute to the maintenance and safety costs. 12. Twenty-eight local jurisdictions in the State of Oregon have a Transportation User Fee to address their maintenance and safety needs. 13. An Oversight Committee shall be formed to oversee the ensure that the implementation principles and objectives of the project are adhered to and that all expenditures are consistent with the Plan detailed in this ordinance. This committee shall be appointed by City Council and include 13 members various perspectives in Portland. 14. Funds received under this ordinance shall be placed in the "Transportation User Fee Subfund" within in the City's Transportation Operating Fund, herein-after referred to as the "Transportation User Fee Subfund." Funds will be dedicated and used exclusively for the transportation projects and activities approved by Council. 15. As a result of the Transportation User Fee (TUF)methodology, collections and expenditures are tied to the costs derived from direct and indirect use of the Cityh Transportation System, based upon the number ot trips generated and size and type of facility. This creates an equitable and efficient means for paying for tranportation services. 16. Low income rates for the TUF shall be applied for qualifying ratepayers, following the criteria used for reduced water and sewer rates. 17. A low income discount will be applied to multi-family affordable housing units that are designated as 0-60 percent of median family income. 18. A credit of up to the single family household fee will be given to single-owner businesses with less than 10 employees and who also live in the City of Portland. Page 2 of 319. Thee Council finds the following source documents to be generally accepted and reliable for use in implementing the terms of this ordinance: (a) Trip Generation, 9th edition, published bv the Institute of Transportation Engineers, referred to as ITE Manual; (2) Multnomah County Assessment and Taxation Database, hereinafter referred to as A&T Database; (3) City of Portland Utility Billing System; (d) City of Portland Business License Information System; and (e) Portland Housing Bureau inventory of low income unit designations. NOW,, THEREFORE, the Council directs: a. The City Code is amended to add Chapter 17.21 Transportation User Fee as shown in Exhibit A. b. The transportation projects, as shown in Exhibit B, shall be implemented within the first year of Transportation User Fee col1ection. c. The Transportation User Fee shall be based upon the TUF rate calculation methodology as shown in Exhibit C. d. The Administrative Rule TRN-14.01, Transportation Oversight Committee, as shown in Exhibit D, is added to the Portland Policy Documents. Passed by the Council, LaVonne Griffin-Valade Auditor of the City of Portland Commissioner Steve Novick By Prepared by: Jamie Waltz Deputy Date Prepared: May 21, 2014 Date Prepared:Exliiliit A: Propo.-ted City Code Chapter l7.21 User Fee l7.2l.tllt_l Definitions. As used in this Chapter, the following terms mean"City Transportation System." The public roads and T533375 facilities, within the City under the jurisdiction or control of the City. ?Customer Group.? Residential or Non-Residential users that have been gt?-tl?? together For purposes of calculating billing rates. ?Customer.? The person or entity rewonsible for payingtbe water and sewer for 2 Developed Use. ?Day." A calendar day, unless indicated otherwise.-' ?Developed Square Footage.? The calculation of the area, b?ed on the hzlultitomah County Assessor and Taxation Database, of all Developed 555 O: 5 site, measured along the exterior walls of such improvements. ?Developed Use.? The improvements and associated use ofthose a: tea? property. Improvements include, but are not limited to, building md outside storage- ?Gas Station." Property use where. the primary business is the retail sac of motor fuels. ?I-Iousehold." Residential Use Manual.? Trip Generation, published by the Institute ofTranspc-r1atior_ Edition, or subsequently published edition adopted by the ?Low Income Customer.? Residential Customer who quali?es for City water or sewer low income rate adjustment. ?Low Income Single-Family Residential Use." Residential Utility? Customers in litmily dwellings that receive a low income rate adjustment on their City 3231. ?Low Income Multi-Family Residential Use.? Residential lamily dwellings that receive a low income rate adjustment on who qualify for affordable housing status for households earning at 6-ii perce 7. of median family income as designated by the Portland Housing Bureau. ?Mixed Use." A single parcel or property with more than one distinct use. located on separate parcels without shared amenities, such as or parking areas, would be assigned to separate Developed Uses. Mixed Lise retail shopping centers with more than one tenant in either shared or separate feasab spaces and shared or common areas such as walkways and on-site LraI":"2c areas. Use may also include a combination ofrcsidential and non-residential uses. Generated by Camscanner Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee V. . ?Multi-Faniily Residential Use.? Residential use consisting oi? two or more separate living units or spaces on a single property that share.Et:single water meter and sewer utility service. ?Non?Residential Use.? A use of property which is primarily not for personal. domestic accommodation, including but not limited to industrial and commercial uses. ?Occupant.? The person(s) or entity occupying the Developed Use for Residential or Non-Residential Use. ?Revenue Bureau.? The City Bureau responsible for. adntinistering and collecting the . . ?Partially Vacant.? A property is considered partially vacant iliit receives only one Utility Bill and at least 20 percent of its leasable-space is continuously unoccupied for at least 60 days. ?Plan.? The expenditure plan for the TUF ?tnds-"that allocates TUF resources based on system needs and uses. - ?Predominant Developed Use.? Wheremultiple Developed Uses? occur on a property with a common water and sewer bill, the type of use occupying the most developed space on that property. ?Residential Use." Use of property primarily for personal, domestic accommodation. including single family residential, residential and group homes. but not includinghotels and motels. . ?Single Family Residential Use.? Residential use consisting of a single family dwelling. ?Single?Ovmer Business." A business owned entirely by an individual or owned jointlv by spouses/domestic partners who live in the City of Portland. ?Single Use.? A parcel or property with only one distinct use. ?Trzutsportation Maintenance." Activities and programs tli-at preserve. maintain. and prevent deterioration of the existing transportation system. Esaniples of maintenance include improvements to pavement, bridges, street signals. street lights. signs -and crosswalks, curbs and sidewalks. ?Transportation Safety.? i\xlethods and measures For reducing the risk ol?a person using the road network being killed or seriously injured and addressing perceptions nfrie-1,-3 E:-tamples include, adding sidewall-is, crosswalks, signals. rapid ll-ash lxgamns. dud. bicycle lanes, removing vegetation to improve enforcenient meclianiuzm-3 . as red light cameras, and pedestrian, bicyclist and driver education. I i Page 2 oi? 1 Generated by Camscanner Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee Auk. ?Trip Generation." The average number of vehicle trip ends per Day, as determined by to the ITE Manual. BB. Transponation User Fee. The person or persons designated by the Director of the Portland nnieau of Transportation to administer this Chapter. DD. The bill received by a Utility Customer t_'pr_water, sewer or storrnwater services provided by the City. CE. Customer." The person (or entity) whofis Utility Billing system and water, sewer or stormwater services-from the 5. Transportation User Fee: A ?User Fee is hereby imposed upon all Utility Customers of Bevel-rpe-:1 ?Cses within the City for the purpose of maintaining, operating, managing and - me irjr Transportation System. The fee" is based on both the direct and use ofme Transportation System by the Occupants of property as measured Tip Crane:-anon. EL Tne 1:s:omer__is responsible for paying'tl__1e TUF. Duties of the The is re?onsible foradininistering this Chapter, including but not _administrative_,_procedures, adopting policies, administering fees and Cnston1er_ Groups, overseeing'the appeals process, authorizing conxening the Oversight Conriniittee, and preparing reports on performance ?1 ., -.-ZNresponsible for developing and maintaining the Plan for the .- maintenance. management and improvement of the City Transportation to Council approval, allocating and expending budget resources accor?-ance witli this Chapter. I ?i I I .i 1'3 Implementing Regulations. -. ielegazes to the Director of the Bureau of Transportation to adopt es. poijcies and procedtures necessary to implement provisions of this Chapter. :3 oelegared autliorir}-? shall be ?led with the City Auditor and be available . -i - .. - .. Allocated to Transportation Operating Fund. to this Chapter are allocated to the ?Transportation User Fee -?ne me Transportation Operating Fund. The Subfund must as the Plan to operate and administer the City's Transportation System. Page 3 ot"11 Generated by Camscanner Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee The f935 Paid must be reasonably related to the cost of providing street maintenance, safety and improvements andrnust follow the City?s Comprehensive Financial i\/ianageinent Policy FIN-2.06. No particular piece of real property is entitled to any speci?c Pg?io? Of the fees collected. Such fees cannot be used for purposes other than those described a eve. 1721.060 TUF Allocation of Funds. No less than 80 percent of the funds collected through the Transportation User Fee shall be dedicated to maintenance and safety improvements. Up to, but not exceeding 20 p61?C8I1T0fth?3 revenue may be spent on other transportation services, which rnajiginclude improving unimproved streets, improving accessibility for persons iarithjtitisabilities (to the extent such actions are not considered part of maintenance or public transit and 3 associated administrative costs17.21.o7o Determination of TUF. A. The TUF is based on the following 1. The Developed Use; in 2. The Customer Group; 3. For Non?Residential Uses, one or Ilriore-..o.f the follmiiring: a. For uses suc_h as penises; and others whose principal trip- 'determining factor is of the site: the acreage of the site. b. For Statio'ns':. the riinnber-bf vehicle fueling positions at the site. e. For-?all otheriises: the liefveiloped Square Footage. Other feliable variables contained in current or future versions of the ITE - Manuals? V. B. The Customer?roups 1. Single Family Residential Use; 2. Low Income Single Family Residential Use; 3. Multi-Family Residential Use; 4. Low-Income Multi-Family Residential Use; and 5. Non?Residential Use. Generatedhi?amscanner lilxhihit A: Proposed City Cntle Chapter l7.2l User lice C. D. The Administrator shall determine from the A S: Database, the City Business License Tax tlatahasc, and the Manual the Developed Use and Customer Group that shall apply to each property within the City. When the A Database. Business License tlatahasc. and the Manual are insu?icient to establish the Developed Use or Customer Group. the Administrator shall determine the appropriate Customer Group by interpreting the l'l'l? l?vl:mual and assigning the Developed Use and Customer Group that most accurately rellects the traflic generated by the particular property. The fees for each Customer Group shall be established by the TUF Administrator. The TUF Administrator may provide a credit to a..Single?Owner Business with fewer than 10 employees who also resides in the City of Portland and pays the TUF for the household. The credit shall be the amount of the Single Family Residential Use fee or the calculated amount or" the tee, whichever is lower. The credit may be allowed on the direct billing of the TUF to the business propertyonce approved. Additional rules for qualifying for the credit and future credit amounts will be established in the Administrative Rules. The TUF Administrator shall atuiually adjust the fees and qualifying discount thresholds by a minimum of zero percent to a maximum of five percent using the National Highway Construction Cost Index (NHCCI) to account for the effect of in?ation. The Administrator shall publish new rates annually at least days prior to their effective date. 1721.080 Fee Billing and Collection. A. B. The TUF is billed toiand collected?om the Customer by the Revenue Bureau. The Revenue Bureau is responsible for the:adnn'nistration and collection of the TUF, including but not limited to: "receive all fees, penalties and interest assessed and maintain an accurate record of revenues deposited to the Transportation User Fee Subfund; accept any and all gi?s and donations to the Transportation User Fee Subfund; and if necessary. contract with public or private agencies to ful?ll any of its duties. The City Council delegates authority to the Director of the Revenue Bureau to adopt administrative rules, policies. procedures and notices necessary to irnplemem billing. collection and administration of the TUF. All rules relating to this delegated authority shall be ?led with the City Auditor and be available for public inspection. 1721.090 Administrative Policies. Administrative policies are intended to provide guidance to Utility Customers regarding the meaning or operation ofthis Chapter, consistent with policies expressed herein. Policies adopted by the TUF Administrator shall apply uniformly throughout the City with full force and effect. The following policies apply to this Chapter: Page 5 Generated by Camscanner Exliiliit A: Proposed City Code Chapter 17.21 Transportation User Fee A. B. D. E. C. II. Parking lots, which are not associated with services other than parking, are not subject to the TUF as they do not generate traffic in and of themselves. Areas encompassing railroad and public right-of-way are not subject to the I F. Railroad property containing structures, such as maintenance areas, non-rolling storage areas and areas used for the transfer of rail transported goods to non-rail transport are subject to The TUF applies to all Developed Uses, including and federal governments as well as Occupants of property that may be entitledztoeiszemption from or deferral of ad valorem property taxation. The fees imposed under this Chapter are due and payablefrom and after the date when the occupancy of the property begins. Occupancy is conclusively presumed to have begun on the date the Developed Use receives a Utility Bill. A change in use does not relieve the Occupant from responsibility ibr?the TUF. The UF Administrator shall determine and assign the appropriate Customer Group or Developed Use when a change in use occurs. Nothing in this Chapter should be construed as a waiver ofthe City's right and responsibility to charge and collect the I in accordance with correct information concerning the Developed Use. I a Non-Residential Use property is no less than 20 percent vacant for an entire billing period as measured by occupancy of the property?s Developed Square Footage, the Utility Customer responsible for that property is eligible, upon written petition to the Administrator, for a fee adjustment basedon reduced Trip Generation above the 20 percent vacancy. a Multi-Family Residential Use property is no less than 20 percent vacant as measured by the number of the property?s dwelling units, the Utility Customer responsible for that property is eligible, upon written petition to the TUF Administrator, for a fee adjustment based on reduced Trip Generation above the 20 percent vacancy. l7.2l.]fl0 Inspection ofl?remises. Administrator is authorized to request entry upon private property for purposes of eonducu r.-g any studies or collecting information bearing upon the determination of the appropriate Customer Group or Developed Use in accordance with this Chapter. is rjcriictl, the 'l'ljl* Administrator shall estimate the Developed Use and assign the highest fee rate in the schedule for that Developed Use. 17.21.11!) Penalties. A. Penalties For providing false information. i? to a"G?enerated by Camscanner Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee Any person or Utility Customer that shall fully and knowingly provide false information pursuant to obtaining a rate adjustment under Sections 1121.050 or 1121.090 may be subject to civil penmties up to $2,500 per occurrence. The Director of the Portland Bureau of Transportation shall establish penalties by administrative rule. The TUF Administrator is responsible for determining if false information was provided. The TUF Administrator may waive or reduce such penalties for good cause or consistent with written policies. B. Late penalties and interest. The Director of the Revenue Bureau is authorized to establish penalties and interest for late payment of fees by administrative rule. The Revenue Bureau is authorized to assess such penalties and interest to Customers when applicable. The Revenue Bureau may waive or reduce any late penalty for good cause or consistent with written_policies. The Revenue Bureau may not waive properly msesscd interest. unless specifically provided for by written policy. 17.21.12!) Adjustment of TUF Charges. A. When a Utility? Customer has been oveibi?lled or under billed, the Revenue Bureau shall adjust the TLT charges on current and prior.TUF billings as necessary. B. For overbillings. the chmges may only be adjusted" for a period not to exceed one year. Utility Customers who receive a back billing or a billing delay may be offered the oppornmiry to pay the balance due over a period not to exceed 24 months with no interest. C. For underbilling, the charges may be adjusted for a period not to exceed one year. D. Adjustments be-in the form of credits or additional charges assessed or credited on the next Utility Customer's TUF billing. if the ltility Customer no longer has a City TUF billing account. the ?Revenue Bureau? must make a reasonable e?brt to contact the Customer to provide a refund or an additional assessment. E. Upon written request, the Revenue Bureau must provide the Customer with a written explmation detailing the circumstances of the error and the calculation of the adjustment. 17.21.13!) Administrative Interpretation of TUF Charges; Application for Review. A. The Acirninistrator shall interpret all terms, provisions and requirements of this Chapter and determine the appropriate charges hereunder. B. Any Utility Customer desiring a review of the charges or penalties assessed under this Chapter may submit a written application (the ?Application?) to the TUF Administrator. The Application must contain su?icient detail to enable the TUF Administrator to review the TUF charges or penalties for errors. The TUF Administrator may require that additional information be submitted by the Utility Customer, including an engineering study prepared by a Licensed professional engineer in conformance with the methodology outlined in the ITE. Page 7 of 11 Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee C. 1 - .??tdrn_tn1sttator may delegate to the Revenue Bureau the authority to make or m_iust:nents to Customer accounts of a clerical nature. ofdetermining the appropriate Trip Generation Rate, the TUF may consider the results of a trip study provided by the Utility Customer. studies must be conducted in conformance with the methodology outlined in the The TUE may assign a Trip Generation Rate on an interim . _:ro*:ided that it is not less than the lowest Trip Generation Rate among available lcential or nonresidential uses. Trip Studies must be updated at least every three years. may waive some or all requirements for a new trip study if the certi?es thatThe property use classi?cation has not chiangedand the property has not been tirrther developed in a way that would a?ect Trip-?Generation; or The has not been updated, or if updated does not provide Trip Generation Rates that di?er ?onr't'he_previous edition of ?the -Manual. 90 days of the receipt of all required submitted materials, the TUF Administrator 7 a ten Final Determination on the Application for review. The Final shall be based upon applicable criteria, and a copy shall be mailed to the The TUF Aclrninimtor shall maintain a collection of such s. 4 17.2 1.140 Appeals. Customer aggrieved by a Final Determination of the TUF Administrator may inn: Determ -_.ination- to the Transportation Director (the The appeal Tze Director shall send a written decision to the Utility Customer no more 30 days the date the Director received the written appeal. Customer aggrieved by a decision of the Director may appeal that decision to ?he-Cede 1-?leanings Officer as provided in Chapter 22.10 of this Code. Any such appeal '35 must be ?led no more than 10 days after the date of the Directot?s av;-itten -decision- and must contain: I A decision appealed from; gg?emenr of the grounds upon which it is contended that the decision is invalid. Ltnanthorized. or otherwise improper; . Such other information as the Code Hearings Officer may by rule require. in Page 8 ofll Generated by Camscanner Exhibit A: Proprmui City (lode Chapter 17.21 Transportation U.-ter Fee 17.21.1513 Severahility. L-: rite any rzerztion; paragraph, sentence or phrase of this Chapter or any policy is determiner! by a court of to bi: invalid ur.enforceahle._ the validity of the rernaintler of the Chapter or policy shall 10 be ef:'ect':ve. lie court. ril'cornpr:terit jurisdiction determines that this Chapter imposes a fee and charge that is therefrire unlawful to certain but not all affected Utility Customers. then as I0 Utility an exception or exceptions from the imposition Ofth? TUF Shall therehy he created and the rernainder of the Chapter and the fees and charges imposed hereunder ?stall continue to apply to the remaining Customers without interruption. Nothing cor.:ainee7 ?r.e-rein should be comtruerl as limiting the City's authority to levy special Er. r.on.1ection with public or any other fees andcharge imposcd Pursuant to applicable law. The fees and charges herein are not intended to, be taxes. 17.21.] 60 Effective Date. 2 . This Chapter shall be effective as provided by law. The fees and charges imposed under l.l'11S (fr.-agate-r shall begin on July 1,2015. 5.- ]7.2I.l7t'J Transportation Oversight Committee." -. A. Pereozr-. The Oversight Committee is hereby created. The .. ?tters?: purpos.-e to monitor and provide guidance to the TUF Administrator, the Tr? Director, and Council regarding the effective and efficient administration of the -t 0- . I-lee program. B. D?utie?.. The tiorrimittee shall perform the following functions: I. Annual report to Council. Annually, the Committee shall review and issue a report to Council regarding the performance ofthe TUF program; the report shall include, but not be limited to the following subjects regarding TUF-funded projects: a. Distribution ofallocatcd funds; b. Adrninistrative costs; c. implementation status ofall active projects; cl. Whether all relevant reporting requirements were met; e. Whether State, Federal, and SDC funds were leveraged; Whether URS 279 public contracting requirements were met; Coordination with the Transportation System Plan and the Portland Plan: h. Equity in the geographical distribution ofprojeets; Page9ofll Generated by Camscanner A: i?t-opnsed City Code ('l'i:tptei- 17.2! Use!? F00 l. Minintirtation ol? the negative impacts of projects to businesses due to construction: j. Progress in Facilitating businesses? and neighborhood associations? joint efforts to trafiic safety priorities; oi?minority-ewnetl, women-owned, and emerging small businesses on project contracts: I. listing and reports received from stat"f, outside experts, and other in 'omietl parties: and ll - 1'2 in. suit'm1ar}' of Committee and PBOT, and any actions Council or the bureau have ta_k_en- on the recommendations. Ox etsiglit otthe TUF Fund's ?nancial planning and fee collection. The Committee shall twice" the proposed ?nancial plans and revisions and submit the t. ?emmittce's and recommendations to Council as part of the City?.s annual budget process. The shall also periodically provide recommendations to Council on pmiw-*cti elianges to the TUF rate structure, discounts, and appeals process. I). .\teml~ersliip. '1 L- (3. The Committee shall have 18 members,-appointed by Council. (Tommittec inentbersinust either. reside or work predominantly within the City of Pottlantl and have a clcmonstrated interest in transportation, such as: system and maintenance; servieedclivery; ?nance; accessibility; economic conservation; or concerns. The Comniissiolier in Charge shall appoint the Chair of the Committee. (?nmmittce memliers shall serve, without compensation, for a term of four years from the date of (foinicil appointment oftlie member, or such other date as the Council may To ensure continuity-' of membership, six ofthc initially appointed members shall serve a two-year term. L?ommittee member may serve on the Committee for more than two COI'1SEClltive terms. The Portland Bureau of Transportation shall provide staffing for the Committee. Meetiitg, Schedule. Bylaws Page Generated by Camscanner A: l?mpcm:cl City fflnugiter 17.2! 'l'ransp?'irtatlnn User Pee I. til? the negative impacts of projects to businesses due to in lheilitzlting businesses? and neighborhood ass:3ciati0ns'jr3i:it eff -.3 to neighbrirlinrid traffic safety priorities; k. Utilinmtirin of minority-(wmcd, women-owned, and emerging small ?aesiizes:-ies ox: prnjeet I. A listing, nfbrieiings: and reports; received from staff, outside experts, and other iziihrnicri parties; and I. m. A of Committee recnmmendatiltin? to"C0uncii and P807, 331? iuztinnra Cuuncil or the bureau have taken on the reeommendatior.-3. (I. Over-sip_l1t ?nancial planning and fee The review the Admini:-; rutcJr?s ?nancial plans and revisions and submit fie ?nclirny; and reerimmendationsz tri'C?nuncil as pain ofthe City"; budget prnee:;:s. The (Committee Eilliill also periridicaliy previcie recommendations to CriL::-eii er; pmpnucri in the rate structure, and appeals process. I). Memberrship. I. The Committee shall have 18 memberrg,-appointed by Council. 2. All I fumrriittce either reside or work jiretiriminantlj-' Ci?? 0 Portland and lizwe at zlerntunatrated interest in transprinzitirin, such as: development and maintenance; deliveijr; finance; accessibility; economic development; crineervutinn; or environmental concerns. 3. The in shall appoint the Chair of the Committee. 4. (Irimmiltee members s;h;.1ll raerve, without crirnpematirin, for a term of four the dim: of (Iriuneil iippr,-intment rifthe member, -fir such other date as the C-juncii may 5. To en:;ure erintinuity rifmembership, rifthe initially appointed inenihern? rshull serve a two-1/ear term. 6. Nu member may on the Committee for more than terms. The Prirtland Bureau of '1 shall provide mfiing for the F. Meetitig Schedule, liyiaws iktge 10 oil I Generated by Camscanner Exhibit A: Proposed City Code Chapter 17.21 Transportation User Fee I.. The Committee shall meet at least quarterly in an open meeting at a Venue accessible to the public. 2. Additional meetings may be scheduled as determined by the Committee Chair. 3. Proper notice and documentation of meetings shall be given in accordance with the Oregon Public Meetings law. 4. The Committee shall adopt rules of procedure (bylaws) as necessary for the governance of its proceedings. Page 11 ofll Generated by Camscanner liiuliihlt ll: 'l'rmmportntinn Projects Implemented in the First Year list of projects will be implemented in the first year of the Transportation User l"ee. (Trash Corridors 0 ltnpitl beacon crossing improvements for NE Sandy Boulevard to improve petlestrinn safety - Rumble strips on Marine Drive to prevent inattentive -drivers from crossing into the other lune or crashing into the river - ("onstruet two new pedestrian crossings improvements on SW Beaverton-I-Iillsdale I-ligitway l~'nl'e Routes to School 0 tfoniplete the missing sidewalk network around David Douglas High School on SE 135th and Sli l3(}tl1. from Stark to Division 0 Safety improvements for Lent Elementary on SE 97th and ?teele; tra?ic calming around the school boundary - 0 ?etlestrian access to SW Portlan_d?s Bridlemile Elementary; traf?c calming along SW Hamilton from Seholl?s Ferry to Doseh Generated by Camscanner Exhibit C: Transportation User Fee Rate A. E. C. User shall be calculated on a oasis err: may nilleo to Custorners on a quarterly, or other oasis. If the is billed on a time other than the bill shall be to reflect the length of the billing period. no basis of all fees shall be Trip Generation as defined the most recent edition of:? Trip Generation For the of determining the appropriate Developed Use and Customer for uses not explicitly listed in the I 1' Manual, the TLIF_-Adimnistrator will consider the factors: -- 1. the size oftize site and the buildine; 2. the rzurnis-er of employees; 3. other developcci sites the sarne or an a?iliated owner for a use generating comparable arnoi.n:t.s of traffic; {In 4. other developeri sites operated by a dine-rent owner for a use generating mmparable amounts 5. the of ivorl-: .s't1ifL; 6. the number ofiiours ?of operation; and other relevant factors that inclicate rehicle Trip Generation rates. The tie-tenniria1ionofDeveloped Use and Customer Group are not land use decisions as that test: is de?ned in ORS 197.015. I ?he fee for Residential Customer Groups is as follows: 1. Single Family Residential Use, Si 1.56 per unit; 2. Single Family Residential Use, low income, $8.09 per unit; 3. Residential Use, $6.79 per unit; and 4. Residential Use, low income, $4.75 per unit. Non residential: I. For the first 5,000 trips per month generated by the property, the rate of 50.03977 per trip; Page 1 of3 Generated by Camscanner Exhibit C: Transportation User Fee Rate Schedule H. For trips in excess of 5,000 per month but -not more than 10,000, the rate of 80.02651 per trip; For trips in excess of 10,000 per month but not more than 25,000, the rate of 50.01989 per trip; For trips in excess of 25,000 per month but not more than 75,000, the rate of 50.01326 per trip; For trips in excess of 75,000 per month but than 150,000, the rate of $000663 per trip; For trips in excess of 150,000 per nionth-but than 250,000, the rate of $000265 per trip; Por trips in excess of 250,000 the rate of per trip; Upon a showing that Use, a fee be charged; and . i_ t. - Notwithstanding the foregoing provisions in paragaph, the minimum fee for a Non?Residential Use property with Developed Use will be equal to the rate for a Single-Family Residential Use. - Fees are-calculated as 1. - Single?Fan:til3r houses, some condos): $1 1.56 per rnontil; - residences (apartnie-ntis, most condos): $6.79 per dwelling unit; and Nomresidential ?properties! - a. First calculate trips: Trips (Daily Trips per Unit Number of Units 365/ 12) 1). Calculate fee, based on trips and cost per trip. Cost per trip is on a sliding scale, as outlined in Paragraph (3. For determination of the appropriate Customer Group for Misted Uses and apportionment bills, the Following applies: 1. Mixed Uses within a single building that receive one Utility Bill will receive only Onc TUF bill, regardless of the number of tenants or types of Developed Uses found within the building; and rm?enerated by Camscanner Exhibit C: Transportation User Fee Rate Schedule 2. When determining the appropriate Developed Use for a Mixed Use property, the I UP Administrator will consider: a. The predominant Developed Use on the site; b. The mix of various Developed Uses on the site; c. The assigned Developed Use for other sites with a similar mix of Developed Uses and generating comparable amounts of traffic; d. Any and all factors considered in of this Rule, relevant to making a determination of a propertfs Developed Use; and e. Other relevant factors thatindicate vehicle Trip Generation rates. Page 3 of3 Generated by Camscanner Exhibit D: Proposed City Rule Oversight Committee Purpose. The 'l?r:tnspot1ation Oversight Committee (?Committee?) is hereby created. Tlte Coum1ittee's purpose is to monitor and provide guidance to the TUF Adntinistrutor. the 'l'mnsportation Director. and Council regarding the e?ective and efficient of the 'l?ransportation User Fee program. A. Duties. The Committee shall perform the following functions: 1. .-knnuul report to Council. By December 30 of each calendar year, the Committee shall review and issue a report to Council regarding the performance of the TUF prograniz the report shall include. but not be limited to the following subjects regarding TUF?funded projects: 3. 1). Distribution of allocated TUF i costs; I hnpletnentation status of active projects; \\'heLher all relevant reportinigirequireihents were met; State, Federal; and SDC hilnids were leveraged; Whether ORS 279 public connecting requirements were met; Coordination with the Transportatiion System Plan and the Portland Plan; Eoui?t}' in the geographical distribution of projects; of the-negatiye "impacts of projects to businesses due to construction; Progress in facilitating businesses? and neighborhood associations? joint efforts to identify neighborhood traffic safety priorities; Utilization of minority-owned, women?owned, and emerging small businesses on project contracts; A listing of brie?ngs and reports received from staff, outside experts, and other informed parties; and A summary of Committee rec_ommendations to Council and the bureau, and any actions Council or the bureau have taken on the recommendations. Generated by Camscanner Exhibit D: Proposed City Administrative Rule TRN-14.01 Transportation Oversight Commifiec 2. Upon the completion of each annual report, the Committee shall participate in a work session with the Council. The purpose of this work session is to present the Annual Report and to create a work plan for the upcoming year. Oversight of the TUF fund?s ?nancial planning and fee collection. The Committee shall eviexvihe TUF Administrator's proposed ?nancial plans and revisions and submit the Committee's findings and recommendations to ouneil as part of the ity?s annual budget process. The Committee shall also periodically provide recommendations to Council on proposed changes to the TUF rate structure, discounts, and appeals process. Membership. 1. The Committee shall have 13 by the Commissioner in Charge and appointed by Counci.l. Eight members-shall constitute a quorum of the Committee. All Committee members must ei"tl"1er reside or work predominantly within the City of Portland and have a demonstrated interest in transportation. su_ch as: system development and maintenance; service delivery; ?nance; accessibility; economic development; conservation: or environmental concerns. Ed 3. The Commissioner in Charge shall appoint a Chair and a Co-Chair for the Committee; both shall serve as of?cers for no more than two years. 4. Committee members shall serve, without compensation, For a term of our years ?om the date of Council appointment of the member, or such other date as the Council may establish. To ensure continuity of membership. six of the initially appointed Committee members shall serve. a term. tn 6. No Committee membermajv serve on the Oversight Committee for more than two consecutive terms. Council. may? replace any member of the Commission for clue cause, including but not limited to malfeasance. incapacity, conflict of interest or neglect oftluties, Staffing. The Portland Bureau ofTransportation shall provide staffing For the Committee. Meeting Schedule, 1. The Committee shall meet at least quarterly in an open meeting at a venue accessible to the public. 2. Additional meetings ma_v be scheduled as dcterminerl by the Committee Chair. Generated by Camscanner Exhibit D: Proposed City Administrative Rule TRN-14.01 Transportation Oversight Committee 3. Proper notice and documentation of meetings shall be given in accordance with the Oregon Public Meetings law. The Committee shall adopt rules of procedure (bylaws) as necessary for the governance of its proceedings. G. Recruitment; Selection; Nominations. 1. The recruitment and selection process for Committee members shall utilize principles, best practices, and tools of public involvement as described by the Public Involvement Advisory Council and the Office of Neighborhood Involvement. . a. Committee positions and vacancies and application materials and processes shall be posted on -the City website, as vvell as through local media, print and the goal of widespread reach. b. This infonnation shall to the;ciry?s Neighborhood Associations, District Coalitions,-Business Associations, Coalition of Communities"of_Color, and transportation advocacy groups. c. The City?s standard Committees and Commissions application form will. be submitted to the Bureau for review by the selection committee. A selection panel composed of two representatives from each Commissioner (one member of the public and one City representative and the TUF administrator) shall review all applications and present its nomination recommendations to the _Commissioner in Charge based on the composition categories below. In making nominations for Council appointment, the Commissioner in Charge shall attempt to have a range of professional and academic expertise and volunteer experience represented on_the Committee. a. Disciplines such as ?nance, civil engineering, transportation safety, environmental sciences, health sciences, public administration, or urban planning are especially desired. b. In making Committee nominations, the Commissioner in Charge shall strive to ensure that the Committee reflects the diversity of the Portland community. H. Committee Composition. 1. Council appointments shall reflect the following Committee Composition; and an individual Committee member may re?eet more than one of the following categories: Page 3 of4 Generated by Camscanner Exhibit D: Proposed City Administrative Rule RN-14.01 Transportation Oversight Committee a. Businesses: Four Committee members shall represent Portland businesses, one from each category of 1 - 5 employees, 6 50 employees, and 51+ employees; non-governmental organization b. Residential Geographic Representation: Five Committee members, individuals from City neighborhoods or from Neighborhood Associations and District Coalitions, each shall represent the five geographic areas within the City: i. Southwest Portland the area the Willamette River outside of the Central City and 3 ii. Northwest Portland the Central City and north of Burnside; -I .. . :7 Central Portland area within the masts core, Lloyd District and Central 'E'astside Industrial iv. Inner Portland the area outside Central Portland east of the Willamette_.River and west of "Interstate 205; and v. Outer East Portland east ot:ilnter.state 205. c. Arealixperts: shall-?-he modal experts, one from each ofthe following categorieszfindividuals and from organizations working to improve se_r_vices.for pedestrians; transit users; persons with disabilities; - bicyclists; ahd"individt1als vehicle and freight organizations. d. Construction, Finance, andiliaving Experts: Three members shall be representativesfr__or_r1 construction, paving, and ?nance industries or disciplines. Standing Committees. 1. The Cornmittee Chair and Co-Chair shall facilitate ongoing comrnunication between the Committee, the City Council, the TUF Administrator, and the Bureaus. The Committee may, at any time, establish committees of at least three (3) individuals to address meci?c issues related to the Committee?s purpose 3. The Committee may designate additional roles and responsibilities for the Executive Committee and any other committee. Such roles may be set forth in the Commjnee bylaws. Generated by Camscanner RESOLUTION No. Refer amendment to Chapter 9 of the City of Portland Charter to the November 4, 2014, General Election ballot to require that all funds collected through the Transportation User Fee will be used for transportation purposes. with the majority of funds used for transportation maintenance and transportation safety improvements. (Resolution) WHEREAS, The Constitution of the State of Oregon grants municipalities the power to establish a Charter to provide a foundation for their governing structure and policies; and WHEREAS, The City is behind in addressing the maintenance needs of much of its aging infrastructure: Portland's 4.827 lane miles of paved streets show continuing decline. with -18 percent of the ity's most trafficked streets in poor or very poor condition. which are the most expensive categories to repair. The Portland Bureau of Transportation reported that to bring the pavement system to a fair or better condition it would cost an additional $91 million per year for ten years. The cost of deferring that need will keep increasing as it becomes more expensive to rebuild roads after they have failed versus conducting preventive maintenance at the right time on the right street?. and WHEREAS, Maintenance and proper operation of the streets is required in order to protect the public health. safety and welfare; and WHEREAS, The Council is considering. concurrent with this Resolution, an ordinance to create a Transportation User Fee, which is needed to fund improvements to address the City's signi?cant transportation maintenance and safety needs; and WHEREAS, The Council seeks to dedicate funds collected through the Transportation User Fee for transportation purposes, including associated administrative costs, with a majority of those funds used for transportation maintenance and transportation safety improvements; and WHEREAS, The amendment to the City Charter proposed by this Resolution ensures that the City must, now and in the future, use funds collected through the Transportation User Fee only for transportation purposes unless the voters of the City of Portland approve a change during an election. NOW, THEREFORE, BE IT RESOLVED that the City Council will submit a Measure for an Act amending the City of Portland Charter, Chapter 9, Article 4. to provide that funds collected through the Transportation User Fee will be used for transportation purposes, attached as Exhibit A, to the voters of the City of Portland in Multnomah County, Clackamas County and Washington County at the November 4. 2014, General Election in the City of Portland; and BE IT FURTHER RESOLVED that the City Council submits the ballot caption. question, and summary for the November 4, 2014, General Election ballot as shown in Exhibit and Generated by Camscanner BE IT FURTHER RESOLVED that the City Council directs the Auditor to publish the is-::iio1 131;, as shown in Exhibit B, in accordance with City Code; and BE IT FURTHER RESOLVED that the Mayor and Commissioner in charge of Bureau of Transportation may submit an explanatory statement to the City for publication in the voters? pamphlet; and General Election ballot. Passed bl? the Council: LaV'onne Auditor of Cit}: or" Mayor Charlie Hales Prepared by: Matthew Robinson Generated by Camscanner Our Streets Transportation User Fee To improve street maintenance and safety, the Average of $40M/year net revenue for Portland Bureau of Transportation proposes a first 5 years Transportation User Fee- Proposed Distribution of Funds What is a Transportation User Fee? A transportation user fee is a charge to users oi? Portland's . transportation infrastructure, based on estimates of trips they fl pmiects Malmenance Jenerate oi any mode -- wiietiier by foot, trike, car freight, or 44% Pm ems transit. Residents, and other organizations rely on 10/ the system to travel and to receive and deliver goodskeep that svsiem safe and well-maintained. 3% Residential Rates Sample Non-Residential Rates . Household in Single-Family - 60% of Portland non-residential home: $11.56/month - Low income household in Single-Family home: $8.09/month - Household in Multi-Family I Residential building: $6.79/month 50% - Low income household in Muiti-Family building: $4.75/month users generate less than 5,000 trips month and would pay an average fee of $76/month - Go online to PBOT Trip Calculator to ?nd estimated rate for individual non-residential users: Other Components - Oversight committee - Revenue dedicated to transportation - Annual Reporting - Prioritized for maintenance and safety . project Selection criteria 0 LOW discount Appealg process . Single-Owner Business credit (for Portland Residents) Immementauon Date: July 2015 1'-Pit; 5'-iftl: Ave, Stilti: 800 - Portland, OR 97204 - S03-823-5185 farr-tinoi ,I'y tr-i ?pr Pii?mwn Generated by Camscanner Proposed Program Distribution of Transportation User Fee Revenue Safety on Local Streets Maintenance (53% of total spending) (15% of total spending) 5-year estimated outcomes: 5~year estimated OIJCOOMES: 150-P50 l?l'ii'dil?liPl?ir?1l'lCi" - Safety improvements around elementary traffic signals uprirarlrerl schools, valued at Def hl?h 7,000 street lights to LED school attendance boundary - 20-25 miles of neighborhood greenways - safer pedestrian and networks 1-3 hrirjgr.-s receive major maintenanrre 40,000 street name signs replaced 1042 miles of safer shoulders and other Crosswalk design upgrades for Streets lacking Sidewalks Vegetation removal for signals, lights, signs Neighborhood Safer Shoulders Safety on Busy Streets Gfeenwf-W5,? (29% of total spending) 2% 5-year estimated outcomes: - Approximately spread Safe Routes across Portland's Highest Crash Corridors 10% - 100-115 safer crossings Sid [ks ewa - 5-19 miles/approx. 380-400 10% blocks of sidewalks 420/ 0 a 7-10 miles of protected bike Crossing ?mes lmprovernents_i - Faster response to 823-SAFE 5% Protected Bike_/ Lanes High Crash 4% Corridors other of total spending)? 9% 5-year estimated oiitoomesi i . Increase earthquake resilience of bridges other . Enhance public transit service . 3% 8% Pave gravel/unimproved streets Tim UIJHJUU rif iirripiir-'. Mir? (if Hit? ?rl (if Hir? i':rli' i'l_ rim?! ir. uh? Hi: Loirir?riirirs, ririil rrilrirriuriril irifrir.-ririrrim_ Hi!? Fifi!? rmri 4' ririrrliririlrir Piirii?-Lirail. r..r (Hy NY 503' H) in mi? Orr-_ifiiri i'i?i'i'riy 7H RANSPORTATION