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City Council Minutes - 06/27/2023 III �� City of Tigard City Council Business Meeting Minutes T I GARD June 27, 2023 1. EXECUTIVE SESSION At 6:01 p.m. Mayor Lueb announced that the Tigard City Council was entering into Executive Session to discuss labor negotiations,under ORS 192.660(2)(d). The Session ended at 6:14 and Mayor Lueb called a recess until 6:30 p.m. 2. BUSINESS MEETING A. At 6:30 p.m. Mayor Lueb called the Tigard City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Shaw V Councilor Singh V Councilor Wolf V Council President Hu V Mayor Lueb V Youth Councilor Nag ✓ (arrived at 6:32 p.m.) C. Mayor Lueb asked everyone to mute their mics and join her in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. The Administrative Report will be heard after Public Comment and will include the introduction of a new teammate and a report and update on Universal Plaza. 3. PUBLIC COMMENT— A. Follow-up to Previous Public Comment:Assistant City Manager for Engagement and Innovation Nyland noted there was one written and one in-person comment at the last meeting.The written comment was about hydrogen power, and the person received a response which touched upon the city's climate goals and infrastructure capabilities.The in- person testimony related to fireworks and offered support for increased illegal firework fines Staff let him know that a further fireworks discussion is scheduled for late July. TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 8 B. Public Comment—Written: Michael Brewin wrote in regarding Agenda Item No. 9—Inclusive Language and Demographic Update -with a complaint that the city has institutionalized systemic racism, discrimination, and bias against white, straight males. He also suggested that government funds (RAFT grants) were used to establish and support religious practices and given to persons ineligible for government grants. C. Public Comment—In Person: None D. Public Comment—Phone-In or Video: None ADMI NIS I RATIVE REPORT (Moved up from end of meeting) City Manager Rymer introduced Maiya Delgoda who is joining the city as its first IT Director. She previously worked at the City of Portland in a technology leadership role in infrastructure, transportation, sewer and water. She also worked at Intel. Maiya is from Sri Lanka and is excited to be here and serve the Tigard community. Community Development Director Asher shared an update on Universal Plaza,joined by Owner's Representative Vanessa Robinson of Shiels,Obletz Johnsen (attending remotely). He noted there had been some operational issues at Universal Plaza and the team is working to complete the final items. The splash pad auto-fill valve needed to be replaced and even though work and training are underway,it is likely that the water feature will be available for use from now until Friday in a soft opening. It should be fully open to the public on Saturday. In response to a question from Mayor Lueb, Owner's Representative Robinson acknowledged there were a surprising number of splash pad equipment components that failed.Another difficulty is that the out-of-state team (OTL) had limited time onsite.They are here now with one issue outstanding and the city's Parks team will confirm when the design is completed and working. Community Development Director Asher said the element has not failed and is a well-designed splash pad built by reputable contractors who have worked on even more complicated water features than this one. Mayor Lueb said the opening was rushed and asked how the city can avoid this in the future, so our community is not disappointed. Councilor Wolf agreed that the splash pad is a unique design/build but asked if there were any contractual elements that could have kept OTL on site when it was critical. Mr. Asher apologized for putting Mayor Lueb in a difficult position. In April they thought they were closer than they were and ready to open in time for the Farmers Market since 95% of the project was finished. Ms. Robinson said OTL was to build a feature according to the design and they have done that, although very slowly. The warranty period has not started as the splash pad has not been accepted by the city. Council President Hu asked what kind of service level can be expected under the warranty. Ms. Robinson said they will not be leaving until Parks staff are completely satisfied and have accepted the training in order to manage it on a daily basis. If there is a piece of equipment that malfunctions, Shiels Obletz Johnsen will bring in both general contractor P&C and the splash pad contractor OTL. TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 Councilor Shaw appreciated the candid responses and said it was known there are material quality issues coming out of the pandemic. She asked if there was something within the warranty that we can beef up given the issues. Ms. Robinson said she can give the city confidence on how the team will approach any further issues. Mr.Asher said splash pads are notoriously finicky and he has no doubt that there will be issues that arise over the years. Tualatin just had to replace theirs. But he does not want any issues to arise because of defects. He said it will become a public works function once we sign off on it. He asked Council if they want more oversight in the sign-off moment when the city accepts the project. Council President Hu said he would prefer that for something like the swings because the splash pad may not have a safety issue. In the worst case,it could just be turned off. Councilor Wolf said she appreciated the offer but thought just a thumbs up from Parks and Recreation would be adequate. Mr. Asher thanked Council for their confidence and said he,Public Works Director Rager,Parks Manager McKnight,City Manager Rymer,Vanessa Robinson, and everyone on the entire team will need to sign-off on this. Ms. Robinson said the public loved the swings! As a result a few bolts dropped. She said it was not a safety issue related to the integrity of the swings,but it is not okay that they are dislodging from the limiters. She will follow up on this and get something in writing. P&C was onsite and verified each bolt and found no issues with them.They will be out tomorrow to look for any shifting. Subcontractor Rios is in conversation with Landscape Forms to diagnose this. Council President Hu said bolts falling out is a safety issue to him as they could hit a child in the head. Mayor Lueb asked about intervals for continual checking on the bolts. Owner's Representative Robinson said there is a punch list of items to finish that started with 60 items at substantial completion and now there are just over 10 remaining,with none having cost implications.These include some boards at the boardwalk and some planks at the community table. The monument sign was there for the grand opening but removed so the city logo could be etched into the bench, followed by reinstallation of the symbols. The pervious asphalt,which was a requirement of Clean Water Services,has recently started failing at the edges.They are diagnosing the cause. This asphalt is weather dependent and work on it will require cooler fall temperatures. 4. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. LOCUST STREET SAFE ROU YE TO SCHOOLS (SRTS) INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY B. PAVEMENT MANAGEMENT PLAN (PMP)ROADWAY STRIPING PROJECT CON 1RACT C. RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN PROMISSORY NO 1'E FOR LOANS TO THE TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 23-18 -A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN PROMISSORY NOTE FOR LOAN TO THE TOWN CENTER DEVELOPMENT AGENCY Council President Hu moved to approve the Consent Agenda and Councilor Wolf seconded the motion. Mayor Lueb conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 8 Yes No Councilor Shaw ✓ Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ 5. DISCUSS SOLID WASTE FRANCHISE FEES AND CHARGES AGGREGATE REPORT Interim Finance Director Kang introduced this agenda item and gave some background before turning over the discussion to Consultant Chris Bell. He said every March the solid waste franchisees are required to submit annual reports which are reviewed by city staff to calculate the rate of return for the two franchisees. Depending on the blended rates the Tigard Municipal Code 11.40.090 applies an annual 8 %rate. Staff is seeking guidance from Council on two rate alternatives and timing of the adjustment, and will return on July 25 for adoption. Consultant Chris Bell and Dave Huber (Waste Management) attended in person. Kristin Leichner (Pride Disposal) attended remotely. Consultant Bell was asked to study drop box fees and charges and complete a study on the city's solid waste collection as the proposed increase is significant. Consultant Bell had a presentation showing the 2022 adjusted return. However,2023 assumptions include a Metro solid waste disposal increase of 11.4%,yard debris cost increase of 34%,and comingled recycling increased 32% due to lower material values.The lag in new collection truck deliveries led to a 29%increase in depreciation,and there is a Teamsters labor increase of 2.8%. Insurance options are very limited for garbage haulers and have increased by 38%. Consultant Bell showed slides of two alternatives for rate increases, one is to increase collection rates by the CPI—8.01% and the other adjusts rates to the Cost of Service and does not increase the drop box/roll off compactor charges. Rate Alternative 1 is less expensive for residents and Rate Alternative 2 is less expensive for commercial container users. Councilor Shaw said there was a slow uptake on comingling of food waste in yard debris and asked what the costs were to go back to just yard debris. She noted there was only one facility that will take food waste comingled with yard debris and asked if there were more facilities accepting yard debris only. Kristin Leichner said it goes to Recology NW in Forest Grove and whether there is food waste added or not, there was a price increase. In response to a question from Councilor Wolf about how many patrons use the food waste option,Ms. Leichner said they have not studied that but Recology NW estimates 7% of what they take in is food waste. Consultant Bell said it is 4-7% and difficult to measure. Several Councilors expressed interest in examining the cost change of removing food waste from yard debris. Council consensus was to adjust rates in January. Councilor Singh agreed with January and while open to examining the cost, advocated keeping food composting. Youth Councilor Nag advised not taking the composting option away and advertising this service to increase its use. TIGARD CITY COUNCIL MEETING MINUTES -June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 8 Councilor Wolf requested information on when rate increases have occurred over the last 5 years. Interim Finance Director Kang will return to Council on July 25 for consideration of these changes to the fees and charges schedule. 6. APPOINT YOUTH CITY COUNCILOR POSITION EFFECTIVE JULY 1,2023 Executive Assistant Bengtson introduced this agenda item. Teammates advertised the youth councilor opportunity in the spring and interviews were conducted by Mayor Lueb, Council President Hu and current Youth Councilor Nag on June 21.The interview panel recommendation is for Council to appoint Madeline Vogel to be the next Tigard Youth City Councilor. Council President Hu moved to appoint Madeline Vogel as the Tigard Youth City Councilor effective July 1, 2023. Councilor Shaw seconded the motion. Youth Councilor Nag gave an advisory vote of yes. Mayor Lueb conducted a vote and the motion passed unanimously. Yes No Councilor Shaw ✓ Councilor Singh ✓ Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ 7. APPOINT TIGARD PUBLIC LIBRARY BOARD MEMBER Library Director Bernard introduced this agenda item and said she was recommending an outstanding community member to an open voting position on the Tigard Public Library Board. A member resigned mid-term and Board bylaws state that members serving as alternates will be given first consideration to fill a mid-term opening. She and Councilor Singh interviewed the alternates and are recommending that Bart Hawkins be appointed to a term ending in December 2024. She said he is eager to continue to contribute his perspective as an educator,parent, avid reader and lifelong learner to support the mission and vision of the library. Bart Hawkins (attending remotely) thanked them for the opportunity to be involved and support the library. Councilor Singh moved to approve Resolution No. 23-19 and Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the Resolution: RESOLUTION NO. 23-19—A RESOLUTION APPOINTING ALTERNATE BOARD MEMBER BART HAWKINS TO COMPLETE A VACATED MID-TERM POSITION AS A VOTING MEMBER OF THE TIGARD LIBRARY BOARD Youth Councilor Nag gave an advisory vote of yes and the Council voted unanimously to approve Resolution No. 23-19. TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 8 Yes No Councilor Shaw ✓ Councilor Singh V Councilor Wolf ✓ Council President Hu ✓ Mayor Lueb ✓ 8. RESOLUTION OF THANKS FOR YOUTH CITY COUNCILOR AISHIKI NAG Mayor Lueb read the resolution and said it was an incredible experience to watch Youth Councilor Nag invigorate the community and stand up for youth,holding Council accountable and going above and beyond to serve the community. Councilor Shaw appreciated her zeal and how she urged peers to vote. Councilor Singh thanked her for her curiosity and great questions. Council President Hu was very impressed with the youth on the trip to Washington DC and said it made him very hopeful for the future. Councilor Wolf noted her consistency and advocacy. City Manager Rymer said it has been a joy to work with her and see her being active on the council and in the community,with a laser_ focus on the environment. He said they look forward to hearing about her future endeavors. Youth Councilor Nag said she was lucky to have this position and to have grown up in a city that offers this opportunity. She thanked everyone for their support and belief in her and noted the Council's continued commitment to youth. Council President Hu moved to approve Resolution No. 23-20 and Councilor Wolf seconded the motion. City Recorder Krager read the number and title of the Resolution: RESOLUTION NO. 23-20—A RESOLUTION THANKING AISHIKI NAG FOR HER SERVICE AS TIGARD'S YOUTH CITY COUNCILOR 2021-2023. Yes No Councilor Shaw ✓ Councilor Singh V Councilor Wolf V Council President Hu V Mayor Lueb ✓ Mayor Lueb announced that Resolution No. 23-20 was approved by unanimous vote of the Council. 9. INCLUSIVE LANGUAGE AND DEMOGRAPHICS UPDATE Assistant City Manager Nyland and Senior Management Analyst Hendrix presented this agenda item. The slide show is included in the packet for this meeting. Assistant City Manager Nyland said as part of creating a safe and welcoming community for all,their focus tonight is on language and communications. She added that DEI is not about excluding others. It is not about taking power away from some but it's about sharing power and adding chairs to the table and more voices to the conversation.The City of Tigard will use inclusive language, which means finding a way to name, TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 8 honor and value experiences and identities. She gave examples of steps already taken to incorporate inclusive language. Senior Management Analyst Hendrix said additional steps include strengthening knowledge of who we are reaching and not reaching. In order to understand this and better serve our community, a set of seven demographic questions will be added to every city survey.These are encouraged,but optional. Demographics will be used to analyze what communication tools reach what folks. Additional steps include cataloging our communication tools, a Service Request Portal,mobile application,and internal customer experience development team; applying our Racial Equity Toolkit to policy considerations, developing the Language Access Plan,exploring a content relations management (CRM) system,and developing an Inclusive Outreach and Engagement Toolkit and Strategic Communications,including a social media policy. Senior Management Analyst Hendrix said the city was recently accepted into the University of Wisconsin-Madison's cohort focusing on 360 Thinking to work on a communications tools analysis. Assistant City Manager Nyland said one of the questions posed on the application to the cohort was getting a better understanding on if we are informing the community or just inundating them with messages.Are we exhausting them or engaging them? This will be our focus in the next two months as we work with this group. Council President Hu said he agrees that it is not a zero-sum game and just including someone does not mean someone else is excluded. He said at a meeting with IRCO (Immigrant&Refugee Community Organization) he found they did not know who to call at the city and one request was for a contact list to give to community members. He noted that this brings back the need for a community navigator position which was not funded in the budget.Assistant City Manager Nyland said the contact card was a great idea as we assume people going to the website know what service falls under which department. Councilor Singh said he appreciated the work and the demographic questions are a step in the right direction. He asked if the city had a CRM (Content Relations Management) tool. Assistant City Manager Nyland said the city does not have one at the moment and uses a spreadsheet,but Tyler Technologies will help with a CRM in the future. Youth Councilor Nag thanked the team for using the words community member instead of citizen and mentioned how the word"alien" had impacted her. She suggested adding questions about ADA requirements and childcare accommodations for board and committee applications. Councilor Shaw asked if they had asked any community organizations to vet the survey demographic questions as some questions may be culturally offensive. Assistant City Manager Nyland noted community navigator is on their radar and they are working on this. During the budget discussions they wanted to identify ways that not only a person in a position could fill but what the needs are to make it easier for anyone to interact with the city. 10. COMMUNITY DEVELOPMENT PROJECTS QUARTERLY UPDATE TIGARD CITY COUNCIL MEETING MINUTES -June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 8 Community Development Director Asher gave the staff report for this item.A copy of the slide show is in the packet for this meeting. He spoke about 23 projects categorized by division, highlighting milestones and noting any schedule updates. He noted that these projects do not include the work other Community Development Staff do such as the Building Department and Code Compliance. Councilor Hu asked if staff wanted a council liaison on the Downtown Parking Committee. Mr. Asher said he preferred not to have an elected official on the working committee;but would rather involve them at the end when it comes to Council for decision making. He will discuss this with Redevelopment Project Director Farrelly. 11. NON-AGENDA ITEMS—None. 12. ADMINISTRATIVE REPORT—This item was moved to an earlier time in the meeting. 13. EXECUTIVE SESSION: Held earlier. 14. ADJOURNMENT At 9:04 p.m. Council President Hu moved for adjournment. Councilor Shaw seconded the motion and it passed unanimously. Yes No Councilor Shaw ✓ Councilor Singh ✓ Councilor Wolf V Council President Hu V Mayor Lueb ✓ 246/ Carol A. Krager, City Recorder Attest: Heidi Lueb,Mayor Date: 1` 11IWSt3 TIGARD CITY COUNCIL MEETING MINUTES —June 27, 2023 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 8