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City Council Packet - 05/07/2024 . City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND MAY 7,2024- 5:00 p.m. Special Meeting TIME: MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223-See PUBLIC NOTICE below PUBLIC NOTICE:In accordance with Oregon House Bill 2560,this will be a hybrid meeting where some Council, staff or public will participate in person and some will participate remotely. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments by noon,on the day of the meeting. •If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to two minutes. •You may comment by video through the Teams app. Go to this link to learn how to participate by video: May 7, 2024 Council Meeting(https://www.tigard-or.gov/Home/Components/Calendar/Event/5817/372). Upon request,the City will endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd& 4th Tuesdays) at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m. . City of Tigard TIGARD Tigard Special Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE AND MAY 7,2024- 5:00 p.m. Special Meeting TIME: MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223-See PUBLIC NOTICE below 5:00 PM 1. SPECIAL MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—In Person D. Public Comment—Phone-In E. Public Comment—Video 3. CONSIDER CITY COUNCIL VACANCY PROCESS 5:15 p.m. estimated time 4. NON AGENDA ITEMS 5. EXECUTIVE SESSION:The Tigard City Council may go into Executive Session.If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 6. ADJOURNMENT 5:45 p.m. estimated time TIGARD Written Public Comment for the May 7, 2024 Tigard City Council meeting 1. Holly Campbell-Polivka — Public Hearing (Item No. 3) — Council Vacancy Process Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, May 7, 2024 10:36 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* City Council Public Comment Form City Council Public Comment Form Submission#: 3187934 IP Address: 208.71.205.130 Submission Date: 05/07/2024 10:36 Survey Time: 2 minutes, 53 seconds You have a new online form submission. Note: all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Holly Campbell-Polivka Email Complete Address 14305 SW 100th Ave Tigard,OR 97224 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) 3 Consider City Council Vacancy Process Comments Oops! I should have paid more attention to the agenda. In my previous statement, I asked that Council appoint a person of color without realizing there were other choices besides appointment. I would rather see a special election held. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, May 7, 2024 10:27 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* City Council Public Comment Form City Council Public Comment Form Submission#: 3187897 IP Address: 208.71.205.130 Submission Date: 05/07/2024 10:26 Survey Time: 6 minutes, 28 seconds You have a new online form submission. Note: all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Holly Campbell-Polivka Email Complete Address 14305 SW 100th Ave Tigard,OR 97224 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) 2B Public Comment-Written Comments I am deeply concerned about the recent resignations of both Councilor Singh and the IT director, Maiya Delgoda. Our city is not healthy when two of the first people of color in such high positions in our city resign with no notice. Our city continues to uphold systemic racism, maybe without even realizing it. I hope you take these resignations as a sign that something needs to be done. Please consider appointing Councilor Singh's replacement with another qualified person of color.We need more voices of those who have been marginalized, not more of the same straight,white cisgender people.We already have plenty of those! Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 AGENDA ITEM NO. 2.C. - PUBLIC COMMENT DATE: May 7, 2024 (Limited to 2 minutes or less,please) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record.The names and cities of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes,which is a public record. Please review the"Tigard City Council Protocol for Public Comment." NAME & CITY YOU LIVE IN TOPIC Please Print Name City Please spell your name as it sounds if it will help the presiding officer None pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contactinformation: ..................................................................................................................................................................................................... Check one: Phone or email For 0 Against 0 Neutral 0 AIS-5546 3. Special Meeting Meeting Date: 05/07/2024 Length (in minutes): 30 Minutes Agenda Title: Consider City Council Vacancy Process Authored By: Shelby Rihala Presented By: City Manager Steve Rymer Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE With the resignation of Councilor Jai Raj Singh,Council must decide how to proceed with filling the vacancy. ACTION REQUESTED Staff requests direction on whether to fill the Council vacancy by appointment, special election,or at the November general election. BACKGROUND INFORMATION The attached memo outlines considerations for each of the options for filling a vacancy on City Council--special election,appointment,or a public vote in the November 2024 general election. ALTERNATIVES & RECOMMENDATION ADDITIONAL RESOURCES Attachments Memo Council Liaison Appointment 114 " City of Tigard .TIGARD Memorandum To: City Council From: Shelby Rihala, City Attorney Re: Filling Council Vacancy Date: May 6, 2024 With the vacancy of Councilor Jai Raj Singh's seat, effective May 3, 2024, Council will have several options for filling the remaining two years of his term. Council will need to take action in a public meeting to determine which course it chooses. The options are: 1. Special Election Section 7 of the Charter provides, "In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term." Tigard Council has historically focused on the use of the word "may" instead of"shall" and determined that holding a special election is an option, but not a required option. Pursuant to state law, if the City holds a special election, it bears the entire cost of that election. The cost will vary depending on how many measures are on the ballot, but it could be upwards of$43,000. 2. Appointment The Charter also gives the option that, "The Council may appoint a person to fill a vacancy until an election can be held." It does not provide any further details, including how long the appointee may serve. A review of Council minutes and discussions surrounding past vacancies showed a general preference to not fill an unexpired term longer than one year by appointment. • Jim Griffith was appointed to serve as Mayor from Sept 12, 2000 to the March 2001 election, following the death of Mayor Nicoll in June 2000. Mayor Griffith ran in a special election in March 2001 to finish the remainder of the term, through December 2002. • Craig Dirksen was appointed as Mayor to serve from January 13, 2004 until December 31, 2004, following the death of Mayor Griffith in November 2003. Mayor Dirksen was elected in November 2004 to fill the remainder of the term, through December 2006. • Tom Woodruff was appointed as Councilor in February 2004 to the November 2004 election, following the appointment of Craig Dirksen to Mayor in January 2004. Councilor Woodruff was then elected in November 2004 for a full four-year term,January 2005 through December 2008. Nonetheless, this is a policy decision and past Council preference does not bind the current Council. Council could fill this vacancy by appointment for any length of time. Councilor Lueb was appointed to fill the remaining two-years of Councilor Snider's term when he resigned to run for Mayor in 2018, so there is precedent on both sides. When Councilor Lueb resigned to run for Mayor in 2022, her resignation was effective December 31, 2022, so Council opted to put that vacancy on the November 2022 ballot and Councilor Wolf was elected to fill the remaining 2 years of this term. 3. November 2024 General Election Oregon law defines a general election as the election held on the first Tuesday after the first Monday in November of each even-numbered year. A primary election is the third Tuesday in May of each even-numbered year, per ORS 254.056. Any election that is not a primary or general election is a special election. The next non-special election opportunity following the submittal of the resignation will be the November 2024 general election. Therefore, Council could elect to advertise the vacant seat for the November election, to fill the remainder of the unexpired term. The November 2024 ballot would therefore include: • The election of one Councilor to fill the remaining 2 years of Councilor Singh's unexpired term. • The election of two Councilors for 4-year terms. • If the Charter passes in May: o The election of one Councilor to a 2-year term. o The election of one Councilor to a 4-year term. Candidates would need to indicate for which seat they were running at the time of filing, either for a 2-year or 4-year term. The filing window for Council seats opens June 5, 2024 and ends August 26, 2024 at 5pm. 2023-2025 City Council Liaison Appointments Regional Assignments .... ,_ ' Regional Water Providers Consortium (RWPC) Quarterly I Portland Water Bureau or Virtual Te8 s N - ,0 Councilime ExpAlternate:ctation:Councilorhour /year Shaw I City Team Liaison: Brian Rager, Public Works Director Consortium comprised of all water suppliers in the metro area.The Councilor appointee to this group ifil represents the city on regional policy issues. City Councilor Willamette Intake Facility (WIF) Jai Raj Singh Quarterly I Tualatin Valley Water District or Virtual Time Expectation: 6-8 hours/month Council Alternate: Councilor Wolf I City Team Liaison: Brian Rager, Public Works Director Council adopted an ordinance/IGA for joint ownership,operation, and management of the Willamette Intake Facilities.Tigard,Sherwood,Wilsonville, Hillsboro, Beaverton,and Tualatin Valley Water District(TVWD)are member agencies,with TVWD as the managing agency. Tigard Board & Committee Liaison Assignments Library Board 2nd Wednesday of every month at 6:30 p.m. Tigard Library 2nd Floor Conference Room or Virtual Time Expectation: 2 hours/month Council Alternate: Councilor Shaw I City Team Liaison: Halsted Bernard, Library Director Responsible for communicating with the City Manager and City Council about library policies, bud- get,facilities,and other needs of the community to provide quality library service. Planning Commission 1st and 3rd Monday of every month,as needed,at 7 p.m. I Tigard Town Hall or Virtual Time Expectation: 5-6 hours/month Council Alternate: Councilor Wolf City Team Liaison:Tom McGuire,Asst.Community Development Director Assists the City Council to develop, maintain, update and implement the Comprehensive Plan,to formulate the Capital Improvements Program,and to review and act on development projects and development code provisions delegated to the Commission. it Tigard