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City Council Minutes - 08/10/2021 • ■ City of Tigard City Council Business Meeting Minutes TIGARD August 10, 2021 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll: Present Absent Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Nag ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items— None 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—There was no meeting last week so no public comments for follow-up. Assistant City Manager Nyland gave a Fun Fact:The United States and Canada dedicated the second Tuesday in August to National Night Out and she said it was time to start preparing for August 2, 2022. B. Update from Police Chief McAlpine— All nine levy-funded officers have been hired. There have been increased service calls overall for 2021 with 75 percent of behavior incidents involving some sort of mental health,houselessness or substance abuse. Of 238 calls 185 had behavioral health issues and 116 were known transients. There were 31 priority 1 or 2 calls for immediate service in the downtown area. Chief McAlpine said six officers are assigned for the 40-hour de-escalation training in September and in October Washington County is hosting it in Tigard and there will be four additional spots for Tigard officers. Councilor Newton said Commander McDonald mentioned at National Night Out that Chief McAlpine received recognition at an FBI training. She said she had the honor of representing Oregon and in one session on strategic planning, the instructor had gone to all the participants'police webpages and noted that the one agency scoring 20 of 20 points was Tigard. TIGARD CITY COUNCIL MEETING MINUTES—August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 9 Mayor Snider noted the number of concerns from businesses and residents about homeless individuals and people with mental health concerns or substance use issues. He said he spent many hours on the phone today connecting with local business owners. He advised that the city needs to escalate the speed in which it responds and needs a short-term plan to try to address concerns compassionately but also make sure we are maintaining the livability in the downtown area. B. Tigard Arca Chambcr of Commcrcc—Rescheduled to August 24,2021. C. Public Comment—Written: None were received. D. Public Comment—Phone-In:Mike Miller of Tigard Tap House called. He said there are a lot of concerns from businesses and residents regarding garbage,tents,and destruction of property in Tigard. He has experienced damage to his property. Someone walked in and threw a table, knocking over potted plants and yelling obscenities on the street.A woman with an axe in one hand and a saw in the other was seen walking down the middle of the street. Some employees are afraid to be there late at night to work the closing shift. There is a man who lives outside the Tigard library who walks right in front of his house. He asked what the timeline was and will something be done in the next week to fix this issue right away. He said no one in their right mind wants to go to downtown Portland and a business owner came to a Tigard business because of the homelessness in downtown Portland but now Tigard is having the same issues. Mayor Snider assured Mr. Miller that the city understands the urgency and will act quickly. He asked City Manager Rymer, Chief McAlpine and Library Director Bernard if they could get some work done in time to meet about this topic next week. 3. COUNCIL LIAISON REPORTS Mayor Snider initiated a discussion on allowing the youth councilor to give an advisory vote. He confirmed with Youth Councilor Nag that she does wish to provide an advisory vote. He noted that she would vote first before Council casts their votes. Councilor Goodhouse suggested that she vote within the rotation,but the consensus was she should vote first because it would be advisory. Mayor Snider asked City Attorney Rihala to weigh in on whether having an advisory vote is different from voicing support. City Attorney Rihala said her concern was focused on the scripted process under Oregon land use law and the potential issue if a case went to LUBA. Mayor Snider asked Youth Councilor Nag if she was okay with not voting on some land use matters and she confirmed she was and thanked the Council for giving her this opportunity. Councilor Shaw asked if she was agreeable to voting first and she confirmed she was. Mayor Snider said he heard consensus to move forward with allowing the Youth Councilor to give an advisory vote on some Council matters. Council President Lueb said Neighborhood Night Out was a great event and offered special thanks to police officers and detectives that participated. TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard i 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 9 Councilor Newton reported that the Public Safety Advisory Board met last night and she gave kudos to Police Chief McAlpine and Representative Grayber who covered state legislation related to public safety. The Community Roundtable met and discussed the ARPA funding,and they will notify the city if they have concerns.A draft agreement was sent over to Lake Oswego staff and then will be reviewed by the the Lake Oswego/Tigard Water Partnership's Oversight Committee prior to coming before each city's council for consideration. Youth Councilor Nag and TYAC are planning a youth-oriented dean-up of the parks in late August.Mayor Snider added that she collected and summarized a robust set of community information collected from more than 70 teens and this will be shared with the rest of Council. Councilor Goodhouse and Mayor Snider attended the opening of the newly renovated Tigard High School and saw amazing improvements and amenities. Councilor Shaw reported that the Planning Commission was honored to be part of Council's meeting recently and enjoyed the conversation about the Tigard MADE project. She asked for help on educating them on Council's role and how to better facilitate a dialog between the two bodies. Mayor Snider shared that ODOT Region 1 ACT determined that the 99W project which was being proposed for funding did not meet the State criteria. It was not a good fit so would not be a competitive proposal. He added that no one said it was a bad project;just not the right match for the criteria. 4. RECEIVE BRIEFING ON THE WASHINGTON COUNTY ENCAMPMENT PILOT PROGRAM Library Director Bernard introduced this item and said she is speaking as the project lead for City Council Goal 1: Implement an actionable person-centric and regional response to homelessness. As they were working on this goal, they were approached by Washington County staff who are here tonight give a high-level overview of the program including a slide presentation. Josh Crites,Washington County Assistant Director of Housing,was joined by Director of Health &Human Services Marni Kuyl and Undersheriff John Koch. He noted that Washington County Chair Harrington is listening to this presentation online.The purpose is to improve communication between departments, cities,special districts and our communities around homelessness and encampments. He presented the goals and desired outcomes of the encampment pilot program.This was developed for unincorporated Washington County,but they see an opportunity to partner with jurisdictions on providing support over the next 12 months. We want to leverage this 12 months as a learning experience. This is the first time putting rules and rigor to a homeless encampment program. There is a significant increase in homeless encampments and the challenge is balancing the provision of humane services with the livability of communities,especially during the COVID-19 pandemic.They are beginning a 12-month countywide homeless encampment program using limited duration ARPA funding.They will be standing up a webpage and collecting data. Washington County Undersheriff John Koch said there would be a uniformed deputy to have an eye to public safety and work with the community and with local law and code enforcement.They TIGARD CITY COUNCIL MEETING MINUTES—August 10, 2021 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 9 have people helping with property management so when an encampment must be cleaned up, they can better track personal property. Director of Health&Human Services said this is not a final solution but is a unique component in an assessment to help with decisions about health and safety. Homeless individuals are a highly unvaccinated population and just going in and sweeping them can increase the risk in both the homeless and surrounding community. We look at crime,nuisance impacts (including large amounts of waste), environmental impacts, conspicuous drug use and size of encampment to evaluate our approach. If it is recommended to leave it in place,we bring in handwashing stations,garbage cleanup,port-a-potties, etc. But if the score is above 50 then we make recommendations for camp cleanup. There is a webpage on the County website so people can report these camps. Director Crites discussed the budget of$1,956,533 for 12-months which covers outreach staff, food,TriMet tickets, code enforcement clean up and coordination, civil deputy, sanitation,hygiene and personal belonging storage. An encampment with a risk assessment score under 50 would receive support with sanitation, hygiene and waste removal. Information would be provided on sheltering options. It would be assessed at regular intervals. A score between 50-75 (could be for crime, drug use, other concerns) would be posted with a two- week grace period. Campers learn quickly what the criteria are then another assessment is done. A continued score above 50 would mean removing and cleaning the encampment after a five-day notice. An encampment with a risk score over 75, or over 50 after a grace period is recommended for removal and cleaning. Mayor Snider asked if the legislature just passed a longer notice period and Director Kuyl said it was built into this. A slide was shown of key partnership points for discussion. They are not telling each city what to do but want to partner and provide support. Code enforcement and law enforcement need to discuss the partnership. The County and City councils need to hold conversations. County resources are contracted support and funding,policies, and procedures that things will be done in accordance with the law and if we are going to leave the camp in place that we can help provide sanitation and other needs. The supportive housing which addresses those with behavioral health issues is in first stages of implementation. Help for those issues is on the way,but this encampment program is available right now. In response to a question from Mayor Snider on whether the county project will be ready now if all cities want to participate,Director Kuyl said once staff is hired, they will be at a scale to manage camps throughout the county. Youth Councilor Nag asked about outreach and making sure it is culturally specific and in an accessible language. Director Kuyl said they will have dozens of new staff at the provider level. Material now is posted in English and Spanish but they'll have a good idea if they need other languages,and these can be added if needed. TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 9 Councilor Goodhouse said this was great,but business owners are looking at additional costs. He asked what is being done for business owners who have experienced broken items or bathroom cleanup. He asked what is being done up front to help with behavioral health. He said there used to be hospitals but now all we are doing is placing a band aid on the problem. He asked how it is humane to see them stumbling around and money is needed for mental health and prevention of some of these issues. Director Crites said the system has never seen this level of supportive housing and the investment is coming.Permanent housing with supportive services is the evidence-based solution. Director Kuyl said working upstream is preventing drug abuse and mental issues and we work with schools all the way through to adulthood but there are not enough services. In the 70s a lot of mental health institutions closed,but the state has made a significant investment in mental health, and we will begin to see some changes. The other piece is we are having a crisis in hiring enough qualified mental health practitioners. Tigard took some great steps by adding to the mental health team. This helps people connect with services. She said she agrees it is a "band aid" but it needs to be applied while we work on prevention. Councilor Goodhouse asked what work plan is there for the businesses who are being impacted and Library Director Bernard responded that part of the work is to make sure we are hearing what our business community is telling us. We will be reaching out to them to find out their needs. She said they hear loud and clear that there is an urgent need for support, and they will discuss how to resource this.They will be reaching out to the Chamber and the Tigard Downtown Association and loop in the community partners that are doing some very good work. Chief McAlpine said we recognize there is an appearance of lack of action, sheltering in space,and waiting,but we must also recognize there is not only a sense of urgency,but also a process that needs to meld together. Councilor Newton asked if encampment meant multiple person camps or individuals. It is a 12-month program and she is a little concerned that we don't get overly deliberate since we have some big issues now. She said the behavior outside of the encampments is what really causes the problem. She has heard that some Tigard residents no long want to go downtown. They are afraid to walk on the Fanno Creek Trail underneath the viaduct. Homeless people are going door to door at apartments asking for money. She was not unsympathetic and wants people to get help but asked about the spillover behavior. Director Crites said when they look at an assessment,they are looking at structures. The spillover is why it is important to have the communication. Crimes get attributed to a particular encampment. Undersheriff Koch said they need to be able to track the crime back to encampments make sure it gets to the appropriate folks for an assessment. In response to a question from Councilor Shaw on what the cost of an encampment removal is, Director Kuyl said their estimated costs were based on similar jurisdictions and they feel confident these are included in the 12-month costs,but this is a pilot program and this is their best guess. In response to a question from Councilor Newton,Director Kuyl said they score encampments on environmental aspects and danger from extreme heat or fire is a factor they consider during the summer. 5. RECEIVE UPDATE ON AMERICAN RESCUE PLAN ACT (ARPA) City Manager Rymer and Senior Management Analyst Hendrix introduced this agenda item. Their slide presentation is in the packet for this meeting. It covered allowable uses of the ARPA $1.85 trillion to fund responses to communities from the effects of COVID-19, the funding breakdown TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 9 by category, and Tigard's investment approach. So far,Tigard has provided$5.9 million in resources: • $3.5 million for business grants and loans • $2.2 million for city fees and charges assistance o $625,000 for unemployed o $125,000 for businesses o $50,000 for low-income households o $1.4 million for rate increase delays • $200,000 for non-profit organizations • $90,000 for community resiliency and mental health Tigard's first tranche of the$7.49 million was received in June and second will be distributed in June 2022. Funds must be allocated by 2024 and expended by 2026. We will continue to see what the community needs. Conversations with community partners indicate the need for housing support, food access,and access to support and services,including for youth and mental health. Tigard is also coordinating with neighboring cities and Washington County. The Tigard Community Investment Plan categories and Guiding Principles were highlighted. There were two Tigard Community Investment Plan recommendations for Council consideration: • Launch Pod Business Incubator—a mobile business incubator that provides a low- barrier entry for food and beverage entrepreneurs. It will start at Universal Plaza when it opens. $25,000 (from Housing and Economic Security$1.49 million) • Community Resiliency Plan—The development of a plan that identifies existing efforts, opportunities vulnerabilities, and goals in addressing climate change. $125,000 (from Community Resiliency Plan$1 million) Next steps: Coordinate and leverage partnerships,monitor and adapt to treasury guidelines and an opportunity for City Council review and input as investments are phased in. Mayor Snider, City Manager Rymer and Management Analyst Hendrix met with Treasury representatives and learned about the difference between the estimate and what Tigard would receive. Council President Lueb and Councilor Newton expressed concerns about ARPA funds being used for ongoing costs rather than one-time uses.They did not want to fund ongoing costs when the city can't cover park maintenance. City Manager Rymer said one allowable use is to ensure that funds not generated during COVID will allow cities to recoup those costs and asked if there are key areas we should look at- recommending some lost revenue in parks, for example. Councilor Newton suggested working with other cities and jurisdictions on providing broadband. She was hoping to see a recommendation for RAFT funding as people are still struggling. She TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 9 requested that staff contact non-profit agencies right away as helping them is a community priority. She said many people have lost housing and Just Compassion could use some assistance. City Manager Rymer asked if she was looking to allocate local support funding tonight and Councilor Newton said yes, $150,000 or$200,000 from Housing and Economic Security funds. For parks and rec, communities have learned that access to public spaces is important to health and wellness. She noted that the TYAC is interested in hosting a series of teen mental health events. Councilor Goodhouse agreed with Councilor Newton and wants to focus on helping Tigard businesses and non-profits. He also did not want to create a position with temporary funding and noted that requiring masks again will impact businesses. Youth Council Nag said she supported helping community-based organizations now. Councilor Shaw supported the staff recommendation as proposed. Rather than approve additional funding on the fly, she asked if staff could come to the next meeting with a detailed proposal in the $150,000-$200,000 range. Council President Lueb moved to approve the two investments. Councilor Shaw seconded the motion. Councilor Newton stressed that it should move forward because Tigard has some urgent community issues. She moved to amend the motion to consider community and business assistance at the August 24 Council Meeting. Council President Lueb seconded the motion for the amendment. City Recorder Krager conducted a roll-call vote on the amendment. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ City Recorder Krager conducted a vote on the amended motion: Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 6. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE REPEALING TIGARD MUNICIPAL CODE CHAPTER 9.04 A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may testify by phone by calling 503-966-4101. TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 9 C. City Attorney Rihala gave the staff report on this code "clean-up" ordinance. Chapter 9.04 has largely been superseded or made redundant by other actions taken by Council regarding conduct on the city's parks property. D. Public Testimony—None. E. Response to testimony by staff. —None. F. Close Public Hearing—Mayor Snider closed the public hearing. G. Council consideration of Ordinance No. 21-15. Councilor Newton moved to approve Ordinance No. 21-15. Council President Lueb seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No. 21-15—AN ORDINANCE REPEALING MUNICIPAL CODE CHAPTER 9.04 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 7. CONSIDER A RESOLUTION ADOPTING COUNCIL GROUND RULES City Manager Rymer said in March of 2021 Council came together to discuss goals and a new team agreement. The one outstanding area was new ground rules. A new document was prepared that is the partner to the team agreement. Mayor Snider said every member of council has seen many drafts and provided input. Councilor Shaw moved for approval of Resolution No. 21-30, adopting the city council ground rules. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-30 -A RESOLUTION AMENDING THE COUNCIL GROUND RULES AND SUPERSEDING RESOLUTION NO. 19-08 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 8. NON-AGENDA ITEMS -None. TIGARD CITY COUNCIL MEETING MINUTES —August 10, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 9 9. ADMINISTRATIVE REPORT City Manager Rymer gave an administrative update. He thanked Washington County for coming forward and noted that when Council adopted their goal related to homelessness, "person-centric" was important. He said Library Director Bernard,Police Chief McAlpine and Assistant City Manager Nyland are engaged with moving forward with reigniting efforts for this goal. Due to the resurgence of COVID cases in the County,masks are required in city facilities regardless of vaccination status. The Governor's press conference tomorrow will inform the recommendation on in-person meetings. Cooling centers will be open throughout the county Wednesday through Saturday including a few open 24 hours. Tigard's Library is open from 10-6 and the Senior Center is open from 5-8 in the evening. The city's Parks and Rec team met with Metro for a walk and talk with the goal of leveraging local share funding for Steve Park, the Library backyard, and Cook Park accessible playground. City podcasts are popular, and 6,000 community members have downloaded at least one episode. 10. EXECUTIVE SESSION: None scheduled. 11. ADJOURNMENT At 8:46 p.m. Council President Lueb moved for adjournment. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that the motion passed unanimously. resat ci °-4-/Gla Carol A. Kragen, City Ri order Attest: J. o. i. Snider,Mayor Date: iem C. TIGARD CITY COUNCIL MEETING MINUTES—August 10, 2021 City of Tigard ; 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 9