10/15/1998 - Minutes COMMUNITY HOUSING TASK FORCE MEETING
Minutes of
Thursday, October 15, 1998
Tigard City Hall
MEMBERS PRESENT: Paul Alig, Sheila Greenlaw-Fink, Sally Parks, Susan Wilson and
Councilor Ken Scheckla.
MEMBERS ABSENT: Sharon Fleming-Barrett, Emily Cedarleaf, Cecilia Maciel and
Dedi Streich.
ALSO PRESENT: June Sulffridge (Adult Care Providers of Oregon, Washington County
Chapter) and David Scott, Building Official, City of Tigard.
The meeting was convened at approximately 1:15 p.m.
I. SELF INTRODUCTIONS:
Self introductions were made.
II. APPROVAL OF SEPTEMBER 30. 1998 MEETING MINUTES
The minutes were approved with the addition of the City Attorney as another present at
the meeting.
III. WORK SESSION:
A. Discussion of Social Care Facilities.
1. Scope of ordinance re: Social Care Facilities
Each member and staff of the Task Force presented their position on this issue
as follows:
• Staff presented the following staff recommendation: I occupancies should be
exempted and if there is a category of SR occupancy very similar to an I
occupancy, it should be exempted as well. Essentially, institutional uses
should be exempted as beyond the scope of this type of ordinance. Staff
presented no recommendation regarding other uses.
• Staff presented Sharon Fleming-Barrett's position (articulated in a phone
conversation with staff): I occupancies and very similar SR categories should
be exempted because they are institutional uses beyond the scope of this
type of ordinance. Other uses should not be exempted due to issues of
equity. Further, the City needs to be careful in granting exemptions to specific
classes of residential uses, otherwise, other classes of uses will seek to be
exempted as well.
• Councilor Sheckla agreed with Flemming-Barrett's position.
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Minutes of October 15, 1998
Page 2
• Paul Alig indicated his position is to include licensed facilities and re-visit the
issue later (as opposed to the State's recommendation to exempt and re-visit
later). His preference is to include all occupancies, but can agree to the I and
possibly partial SR occupancy exemptions. Issues of resident access to
government, equity and local responsiveness form the basis for this position.
• Councilor Sheckla concurred with the concept of re-visiting the issue in one
year. Staff indicated that the Task Force had previously committed to
recommend that the Task Force be reconvened one year after program
implementation to re-visit the entire program.
• Greenlaw-Fink expressed her preference for local control and involvement
and that Tgard's ordinance will not harm social care facilities because of
Tigard's proposed policies for enforcing the ordinance. Exempting the I and
partial SR occupancies is acceptable.
• Wilson concurrs with the I and partial SR occupancy exemption.
• Parks indicated her first choice is to exempt all licensed facilities and re-visit
in one year. However, it is easier to include now and exempt later than to
exempt now and include later.
Based on the above, the Task Force reached consensus that all Social Care
Facilities be included within the scope of the ordinance except for institutional
uses.
The Task Force then discussed the specific findings for this action. The following
findings were determined by consensus:
• Institutional and institutional like uses are beyond the scope of this type of
ordinance and the original charge of the Task Force to evaluate requirements
for the maintenance of residential uses.
• It is equitable for Tigard to include all types of residential uses within the
scope of the ordinance, regardless of other existing regulatory mechanisms.
• Tigard's ordinance will not conflict with licensing requirements (when conflicts
in the draft are eliminated), therefore, inclusion does not add an additional
layer of different regulation, but rather a complimentary layer.
• Local responsiveness may be an important component of the over-all
regulation of licensed facilities, providing for a quick, non-confrontational
resolution of issues.
2. Substantive provisions re: Social Care Facilities
Staff recommended that any provisions in the draft ordinance which conflict
directly with licensing requirements be modified to eliminate the conflict, with
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Minutes of October 15, 1998
Page 3
deference given to the licensing requirement. The Task Force concurred that
conflicts should be eliminated.
3. Future actions re: Social Care Facilities
The Task Force will consider formalizing its findings in this matter and staff
recommendations for eliminating any substantive conflicts at a future meeting.
B. Enforcement Mechanism Options
The Task Force reached consensus that the City's existing Civil Infractions
process be employed for this ordinance. Staff will work with the City Attorney to
present recommendations for implementing this direction.
C. Other
The Task Force reached consensus that no specific funding mechanism other
than potential civil penalties from the Civil Infractions process be explored.
IV. MEETING SCHEDULE CONFIRMATION:
The next meeting was confirmed for 10/29/98. Staff indicated that the meeting may be
canceled to allow staff time to address all pending issues.
V. ADJOURN
The meeting adjourned at approximately 3:15 pm.
Respectfully submitted,
David Scott, Building Official
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