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City Council Packet - 08/25/2020       TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD  Revised August 24, 2020 to add Agenda Item 3C. Local Contract Review Board: Consider Contract Award for Cach Reservoir and Pump Station Owners Representative MEETING DATE AND TIME:August 25, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION:Remote participation only.  See explanation under PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: Written public comment may be submitted electronically at www.tigard-or.gov/Comments. All comments must be submitted before 4:30 p.m. the day of the meeting. If you prefer to call in, please call 503-966-4101 at the beginning of the meeting to be placed in the queue. We ask that you plan on limiting your testimony to three minutes. SEE ATTACHED AGENDA   ONLINE VIEWERS: View live video stream at http://www.tigard-or.gov/city_hall/council_meeting.php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28:      Thursday       6:00 p.m.  Friday          10:00 p.m.             Sunday       11:00 a.m.             Monday       6:00 a.m. TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD  MEETING DATE AND TIME:August 25, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION:Remote participation only.          6:30  PM     STUDY SESSION   A.EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment of a public officer, under ORS 192.660(2) (a). 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. 6:30 p.m.   B.COUNCIL LIAISON REPORTS 7:00 p.m. estimated time   7:30 PM   1.BUSINESS 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.Written Public Comment     C.Phone in Public Comment   3.CONSENT AGENDA: (Tigard City Council & Local Contract Review Board) The Consent 3.CONSENT AGENDA: (Tigard City Council & Local Contract Review Board) The Consent Agenda is used for routine items including meeting minutes and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to:   A. APPROVE CITY COUNCIL MINUTES: May 19, 2020 May 21, 2020 May 26, 2020   B. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR PAVEMENT MANAGEMENT PROGRAM - CRACK SEAL   C. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AWARD FOR CACH RESERVOIR AND PUMP STATION OWNERS REPRESENTATIVE   Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on those items which do not need discussion.   4. RECEIVE PUBLIC SAFETY TRANSFORMATION COMMISSION UPDATE AND DISCUSS NEXT STEPS 7:40 p.m. estimated time   5.NON AGENDA ITEMS   6.ADMINISTRATIVE REPORT   7.EXECUTIVE SESSION (If needed): The Tigard City Council will go into Executive Session to discuss employment of a public officer, under ORS 192.660(2) (a). 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 .8:15 p.m. estimated time   8.ADJOURNMENT  8:45 pm. estimated time   Meeting of the Tigard City Council August 25, 2020 Public Comment Received Date Received Submitted By Subject 1. 8/18/2020 John Liljegren Public Safety Transformation Commission 2. 8/24/2020 Michael Brewin Public Safety Transformation Commission injure others]. Again, let's n1.ake the city council members who vote for that personally liable for all such damages and injuries. [5]Proposal (p.4) says: "Change in training and policies to allow or direct an officer to back down from an immediate arrest when the suspect is identified and the seriousness of the situation does not warrant further escalation of force just to effect an immediate arrest. My comment: Please see my comments in my part 4 relating to qualified immunity. Great. Now you want to make the officer back down from making an arrest and thereby leave a criminal free [in his state of drunkenness, or drug­ induced impairment, or uncontrolled rage, or Excited Delirium Syndrome, or in possession of a taser, or a gun, or a host of other situations] to go about the community destroying property, killing people, driving drunk, etc. That's the result you want? Maybe the police officer will preserve his job, but what about the rest of us? [6]Proposal (p.4) says: "Implicit bias." My comment: If, by August 2020, you don't yet realize the idiocy of the "implicit bias" scam, then you are not qualified to be in charge of anything. Get someone in here who can think rationally. August 3, 2020 Tigard Transformation Commission Proposal-Comments Page 4 1 From: Michael Brewin <mbrewin72@wesleyan.edu>   Sent: Monday, August 24, 2020 3:38 PM  To: #Councilmail <councilmail@tigard‐or.gov>; Marty Wine <Marty@tigard‐or.gov>; Kathy McAlpine  <kathy.mcalpine@tigard‐or.gov>; Carol Krager <carolk@tigard‐or.gov>  Subject: Public Testimony: 8/25/20 Agenda: Public Safety Committee[s]: Recommendations, Concerns, Legal,  Constitutional, Comments  This sender is trusted. sophospsmartbannerend   Submitted: Public Testimony:  for 8/25/20 Agenda: Public Safety Committee[s]:  Recommendations, Concerns, Legal, Constitutional, Comments Agenda item: Public Safety: 1) Revise Transformation Committee parameters; and 2) Revive a separate Advisory Board to the Chief; 3) delete all listed discriminatory racial profiling 'Preferences' and unlawful Religion ('Faith') 'Preference' for committees' applicants. Set more clearly defined parameters for each committee. Routine FBI background checks required for all applicants; US citizenship requirement for public safety committees. 4) Reassign (or terminate) whichever public employee composed the listed discriminatory 'Preferences.' 5) The updated report by the Chief on TPD policies that I read was informative and very good! 6) Our most Vulnerable Community: Senior and Disabled citizens' concerns and inclusion as representatives on city committees is 2 under-represented. Fact: Citizens/residents aged 55+ constitute 38% of Tigard's adult population!! To the Mayor, Tigard City Council, City Manager, Chief of Police: Here are my strong recommendations, revisions, improvements regarding the Transformation Comm. proposal: Part I: Overall impressions Part II: Nuts and Bolts revisions and recommendations. Part I: Overall impressions of this draft proposal, as written: Draft needs vast improvement. Some major defects, blunders exist. I urge caution, especially when 'sailing uncharted waters.' 'Don't follow anyone leading a buffalo stampede over a cliff.' 'Don't have radical amateurs of all kinds perform exploratory surgery on a body searching for a cancerous tumor, when the body simply has an evident verifiable tooth cavity that needs fixing – not a terminal disease.' Political reality: Almost half of the remaining city council was not even elected by the majority of the voters. The citizens of Tigard did NOT therefore give any 'carte blanche' political mandate to anyone to impose sweeping changes of any kind. Only one councilmember (Liz!) even got a substantial majority of the vote. [e.g. When I ran to represent our community, I received 20,000+ votes in my first campaign, and then received 60%+ of the vote when I won the last election for a Tigard water commissioner, before the city seceded and declared its own water bureau instead.] Constituency: Tigard voter registration used to be heavily Republican, but now leans slightly Democratic, with many Independent moderates. And as I like to remind the council from time to time, we are also NOT Portland – thank God, these days! Tigard voters expect good governance, fiscal/budgetary restraint (especially administrative salaries and contractors), 'color-blind equality' of public services and treatment, effective and comprehensive police protection, and protocols that promote and practice equality and justice for all (a "color- blind society," etc. a la MLK). The 2020 Public Safety Levy: Those of us who voted for the levy fully expect the funds to be used entirely as stated and promised: hiring 8 fulltime public safety officers to patrol neighborhoods and keep our homes, businesses, families, public spaces and public streets etc. as safe as possible (+ a school resource officer). Any diverting of any of the levy funds anywhere else within the police dept. or elsewhere in city hall would be unacceptable – a betrayal of the thousands of financially hard-pressed citizens who nevertheless voted to support the levy – after repeated pleas from city officials. [For future reference: Please do note this Oregon ELECTIONS Violation: Incidentally, when a city govt. is itself asking for money in any election to approve a tax levy, that city govt. is NOT supposed to use any public 3 monies/funds to send obvious pro-levy campaign literature to everyone, NOR use public funds to publish advertisements regarding the levy – during the 'election cycle.' Under Oregon Elections, that's a clearly punishable campaign finance violation, and highly improper. The city of Tigard has run such blatant pro-levy ads and mailers during the 'election cycle' for every recent levy. Election Cycle: When the filing deadline date has been reached at 5 pm PST, the Election Cycle immediately begins. The Election Cycle ends when the polls close at 8 pm on the set Election Day. During the Election Cycle, a government agency (e.g. city) is Not allowed to expend funds to influence the election. That right is exclusively reserved for candidates and their committees, PACs, unions, and other non-government private entities --- who must all register and file quarterly financial disclosure reports to the State of Oregon, listing all political contributions and expenditures, in-kind donations, expenses, loans, etc. Did the City of Tigard register with the Elections Division, State of Oregon, and publicly list and financially disclose all the $ public funds [unlawfully] expended by the city in ads and mailers to influence the election during the Election Cycle?? I didn't notify anyone in Salem this time, but please don't let anyone expend public funds to influence the outcome of a levy again. That's a serious violation – which could even void the outcome of an election. Right now, however, I am publicly asking for a full accounting and transparent disclosure by the City of Tigard pertaining to any/all expenditures related to the safety levy. If any levy materials are mailed or published during the Election Cycle, or there are lawn signs, etc., it must be reported to the State of Oregon and accounted for, even if the funds were appropriated earlier. Again: A public entity is clearly Not allowed to act like a private candidate would or a ballot measure's PAC proponents.] [Some state legislators abuse the Oregon Elections laws by using their public offices (and taxpayer revenue) to release obvious self-congratulatory mass-mailed report cards, after they have already filed to be candidates, but the week before the official filing deadline.] Advice: RE Equality and Inclusion: "Don't Talk the Talk, Unless you Walk the Walk." In other words, don't give lip service to words like "equity" and "inclusion" unless you're prepared to apply all policies equally without exclusion or prejudice – or 'preference' -- based on skin color, sexuality, or faith, etc.. Otherwise, most folks in Tigard will view this project as typical political grandstanding and utter hypocrisy. When I worked at Wyden's office, I used to routinely reverse the proposed wording of any important case, document, report, legislation regarding race, sexual orientation, ethnicity, etc. as a test to carefully detect and ensure that no type of discrimination, bias, prejudice, or preference was being promoted or practiced in any way. Federal Affirmative Action, Contracting, Hiring laws have very strict parameters, too. We had to institute templates and forms for some people to follow on the computers, and for composing letters to consituents, to prevent any screwups. I witnessed and then publicly fought real racism at PSU, and formed a coalition with leaders of the Faculty Senate, SEIU, PSU Women's Union, Black Student Union, Hispanic Student Union, Disabled Student Union, and International Students' Union, exposed a pattern of racism and coverups within the PSU administration, leading to the forced resignation of then- Pres. Nat Sicuro. Similarly at PSU, when we sought 2 new board members for the student housing corporation, College Housing Northwest, I wanted to nominate and include some 4 minority board members, but we had to follow state hiring and contracting standards, so we couldn't actively phrase anything to give 'preferences.' We did the listing, the interviews, selections all according to a set fair protocol, and the other board members approved my 2 nominations. We definitely didn't do it by employing any type of reverse discrimination or illegal representations. COMPLAINT: Accordingly, the listed "Preferences" for appt. to positions to the proposed municipal government Transformation committee are patently discriminatory and offensive. It's more than ironic that a proposed transformation committee to review and prevent any police 'racial profiling' would itself be constructed by giving appointment preferences based on skin-deep 'racial profiling.' And the "faith" preference is blatantly unconstitutional and illegal. [If a staff member composed the 'preferences,' that person is unqualified and should be reassigned. These stated 'preferences' are a clear indication of handiwork by persons not knowledgable about the US and Oregon Constitutions, case laws, and not in compliance with customary government committee and public administration protocols. These preferences also indicate a deliberate attempt to exclude any participation by about 75-80% of our local citizen-residents. These offensive and illegal preferences also serve to indicate that someone at city hall is apparently abusing a public employee position to foist an unwanted personal political social agenda upon the overwhelming majority of the population of Tigard. That is unacceptable conduct. Hold that person accountable – not to repeat such 'preferences' or similar offenses. What is the name and position of that public employee? Reassign!] Transformation Committee idea started more as a public safety committee to review concerns regarding policing and issues specifically affecting persons of color (Not 'faith' and Not 'sexual orientation'). Somehow, this concept morphed into a generalized, large unwieldy committee with a broader range of concerns, not necessarily just public safety (or related). It should hence be 2 separate committees, dealing with 2 separate but related agendas. Again, the Transformation Committee concept now appears to be an umbrella, not public safety specific. Therefore, the public safety aspect would better be served by a smaller Council- appointed Advisory Board to Chief McAlpine. For decades, Tigard PD had an appointed Advisory Board. (I served on that board.) -------------------------------------------------------------------------------------------- Part II NUTS and BOLTS: Create 2 committees: 1. Tigard Transformation Committee – (either a permanent or a temporary transitional committee) dealing with both general and specific city equality, justice concerns, to review for improvement. NO listed discriminatory 'preferences' (i.e. 'racial profiling,' etc.) for committee applicants. Qualifications: 5 1.Tigard resident. (ALL 15 members of the Committee must be Tigard residents.) 2.U.S. citizen. 3. If committee members are to be informed about police internal affairs, then all applicants must agree to FBI background check. Possible footnote: "In the interests of expanding Tigard's community diversity participation base, people of all backgrounds and life experiences are encouraged to apply for this new special oversight committee." Note: Per US Government, Official designations: White = A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Regardless of skin shades, these people are all officially considered to be (and therefore designated as) "White." Note: Most persons with ancestral origins in India do NOT identify with the term 'Asian.' Because hundreds of millions of North Indians have a mixture of both Caucasian and Karnatic ancestry, many prefer to list themselves as 'white' on govt. records. In fact, up until recent years, Indian-Americans were listed as 'white' on the US Census. Note: The US Census has no category for Latino, because Hispanics can be of any race. Also, 'Latinx' is a phony term concocted by manipulative 'gringo' American politicos; it is Not a term preferred by most Mexican-Americans or Latino immigrants. So, No listed discriminatory 'preferences' based on representing a skin color, sexuality, or faith. 2. Advisory Board (Tigard Chief of Police) – appointed by the City Council – meets monthly: plan/review policies, funding, hiring and staffing, reports, stats, concerns, etc. [This revives and updates the Chief's Advisory Board] Qualifications: 1. Tigard resident. 2. U.S. citizen 3. must agree to FBI background check (customary for all law enforcement advisory boards) 4. Some knowledge of law enforcement, public safety, emergency services, local government, or other related public board or committee experience preferred. -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- This Preference is Twilight Zone, beyond the pale… REGARDING A 'PREFERENCE' based on an applicant's RELIGION: 6 NO DISCRIMINATORY PREFERENCES, and NO UNLAWFUL "FAITH" PREFERENCES The above-stated preferences are translated thus: 1. Illegal "Preference" given to those for appointment to an Oregon-regulated public governmental committee who are NOT WHITE! 2. Illegal "Preference" given to those for appointment to an Oregon-regulated public governmental committee who are NOT HETEROSEXUAL, celibate, or asexual. 3.ILLEGAL UNCONSTITUTIONAL preference given to those for appointment to an Oregon-regulated public governmental committee based upon RELIGION! OREGON CONSTITUTION No Establishment of Religion by any government entity in the USA. Unlike some countries that legally oppress women and persons of other faiths by institutionalizing [patriarchal] religion in government – theocracies -- in the USA our Constitutional amendments and secular laws insist on the separation of religion and state. The US Constitution and the Oregon Constitution prohibit any religious qualification for any public office of trust. Similarly, the Oregon Constitution forbids public monies being expended for any religious purposes whatsoever – e.g. money spent on communications, networking, training, or validating the self- promotion of self-serving alleged 'community' faith leaders -- who in actuality represent only their own narrow political interests and not a greater accepted community. Example: Some years ago, one of my buddies (along with his family) fled a war-torn theocratic country, where his father and some other family members had been brutally assassinated. He practices a faith, so I mentioned to him a religious place of worship that was recently built in Tigard. He said they fled their home country and eventually traveled 12,000+ miles to come to the USA to escape such fundamentalist religious extremism. He pointed out these people at the Tigard location falsely claimed to represent his entire faith, but instead only represented a tiny schism segment (and controlled by those religiously trained and funded by a foreign theocratic government/dictatorship); there are many competing and fighting factions within his faith, similar to pre-industrial Western Europe 400-500 years ago (prior to what is historically termed 7 "the Enlightenment"). He said he would never let his American-born daughters near that place, because it indoctrinated people in ritualized submissive female oppression, inequality (a woman and her legal rights = ½ that of a man), the separation of the sexes, the pressure exerted on girls to submit to ancient cultural tribal mores (including oppressive clothing and coverings), the permitted beating of women who don't 'obey' men, and pressure exerted on women and girls not to become 'Americanized.' A few years ago, I browsed their website and noticed it had instructions (since deleted) from the hired foreign agent religious leader, advising women Not to report domestic violence to the police, but to resolve the problem at home. His advice to women? 'If your husband beats you, then you should ask yourself, what are you doing wrong, that your husband is forced to beat you?' The so-called leader, trained and sponsored by a theocracy (NOT in a secular democracy), then referred to a scripture, which stated that a woman must obey her husband, or he should beat her, but not badly enough to leave a permanent, visible disfiguring scar (and thereby diminish her value). Meanwhile, the same group has board members who are personally affiliated with a known terrorist 'front' organization, with overseas funding and connections. The false public image presented to Americans is not what is actually preached. The scriptures used also contain numerous verses which spread prejudices and engender hatred against other religions and 'unbelievers' here, also spreading patent intolerance of those with different lifestyle 'orientations.' To any trained multicultural historian (and of comparative religions, spiritual paths) these are readily apparent fundamental problems and historic issues with those oft-preached and quoted verses, especially in a much more diverse, secular nation with laws based upon liberty, equality, and justice for all. Such verses do not seem divinely inspired, let alone compatible with a modern free and tolerant society, and should be repudiated and deleted from the American version of the text. Otherwise, that text will only continue to conjure up conflict and persecution of others in this world – Not Peace. So, there is a definite reason why we don't have any religious preferences or qualifications for government positions and appointments in the USA. In fact, the northern East Coast states (colonies) were initially mostly founded by those fleeing religious persecution. RE Subversively Recreating a Theocracy -- In conclusion: For anyone at the Tigard city hall to attempt to illegally institutionalize and validate the prohibited establishment of religion in our local government, via preferences given to cherry-picked so-called reps of the 'faith' communities – is an abomination! So, I hope you understand the seriousness of the public and legal ramifications of attempting to institute religious qualifications for appointment to any public position on a government committee. That is so obviously Wrongful. And the ACLU agrees! Meanwhile, we need potholes fixed in the roads, our streets and parks patrolled, and enough naturally potable water for the future in Tigard --- without costing Tigard taxpayers an additional arm and leg! 8 Sincerely, with Best Wishes, Michael Brewin, Multicultural Historian, Educator, Writer, Producer Tigard, Oregon. P.S. We need more representation by our experienced and knowledgable 55+ citizens (38% of adult Tigard residents are aged 55+) and our vulnerable elderly and disabled citizens. Con artists with scams specifically target and criminally prey upon our most vulnerable population[s] every single day; yet, many victimized elderly or disabled citizens are either afraid or too embarrassed to even report it. Please, think on that… Abused children: And what about the voices we don't hear – of helpless children being criminally abused?! There are many helpless children who are habitually violently abused – leaving emotional scars for life. Who would be their advocate, and stand with me, for those poor kids?!! Please, think on that, too… By now, Wa. Cty dispatch and our TPD know way better than to respond to a call from some idiot lady on Bull Mtn. alarmed because a black person was walking down her block. Or a cop 'tailing' someone (for no reason) who is simply 'driving while black.' [as my late friend Sen. Margaret Carter used to call it] So, just keep dialing things in, but very carefully, and things will get better – as they surely have already in the last 65 years in America. I remember how truly bad things were in this country – the segregation when we visited the South, the brutality against civil rights demonstrators, the 'redlining,' the martyrdom of our heroes and champions. But historically, the passage of the Civil Rights Act of 1964 really marked a turning point, where our country took a huge turn for the better, as to civil rights. That was a major Act of Congress! Let's bear in mind that this is an evolving, ongoing process and an awakening of the collective human spirit, that has already made much progress over the last 2000 years, but with more work, understanding, inspiration, and light still ahead on the horizon. Peace. 9 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules “City General Records Retention Schedule.”     AIS-4391     3. A.             Business Meeting Meeting Date:08/25/2020 Length (in minutes):Consent Item   Agenda Title:Approve City Council Meeting Minutes Submitted By:Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: May 19, 2020 May 21, 2020 May 26, 2020 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments May 19, 2020 Minutes May 21, 2020 Minutes May 26, 2020 Minutes TIGARD CITY COUNCIL MEETING MINUTES – May 19, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 1 of 5 City of Tigard City Council Business Meeting Minutes May 19, 2020 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the virtual City Council and Town Center Development Agency meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Lueb  Councilor Anderson  Mayor Snider  Youth Councilor Turley  Council President Goodhouse  Councilor Newton  C. Mayor Snider asked the council to mute their mics and invited everyone to recite the Pledge of Allegiance on their own. D. Call to Council and Staff for Non-Agenda Items – Councilor Lueb asked if City Manager Wine was planning on discussing reopening the dog parks as part of her Administrative Report. City Manager Wine responded that she would include that in her update. 2. QUASI-JUDICIAL PUBLIC HEARING (CONTINUED)- APPEAL OF ART RUTKIN ELEMENTARY CONDITIONAL USE PERMIT City Attorney Rihala gave the staff report and said Council deliberated at the last meeting and directed staff to prepare findings reflective of the decision. These findings were before Council as Exhibit B, in addition to Exhibit A, Hearings Officer Decision. The resolution tonight incorporates both findings as the final decision. She said staff recommends denial of the appeal and asks for a motion on the resolution. Councilor Lueb moved to approve Resolution No. 20-26. Council President Goodhouse seconded the motion. There was no further discussion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES – May 19, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 2 of 5 Resolution No. 20-26 – A RESOLUTION AND FINAL ORDER APPROVING THE ART RUTKIN ELEMENTARY SCHOOL, ADOPTING FINDINGS IN SUPPORT OF COUNCIL’S DETERMINATION, AND DENYING THE APPEAL OF THE HEARINGS OFFICER’S FINAL ORDER NO. CUP2019-00001/SLR2019-00003/ADJ2019-00008-00009 Yes No Councilor Lueb  Councilor Anderson  Mayor Snider  Council President Goodhouse  Councilor Newton  Mayor Snider announced that the resolution passed unanimously. He thanked staff for helping Council work through a complicated land use decision and Council for working towards a modified path to make sure the public hearing could be conducted appropriately. Mayor Snider announced that the Council would convene as the Town Center Development Agency Board for the next agenda item. 3. TCDA BOARD CONSIDERATION OF AMENDMENT #1 TO THE TIGARD TRIANGLE URBAN RENEWAL PLAN Redevelopment Project Manager Farrelly gave the staff report on an amendment to the Tigard Triangle Urban Renewal Plan that would add a multi-use path over Highway 217. A slide was shown of the proposed location. It would provide a safe and effective connection for pedestrians and cyclists between downtown Tigard and the Triangle, the two parts of the regionally designated Tigard Town Center. He said a portion of the envisioned path is within the Tigard Triangle urban renewal area and would be eligible for urban renewal funding. There is a request for $2.5 million in the FY 20-21 TCDA budget to help fund the project. The City and TriMet are actively searching for grants to fund the remainder of the project. The Tigard Triangle Urban Renewal Plan authorizes adding new projects with a minor amendment approved by the TCDA Board. Director Goodhouse asked how this affects the Triangle budget and if there was room within the debt limit to take on the project. Redevelopment Project Manager Farrelly said this is within the approved maximum indebtedness. He said although the TCDA Budget Committee approved the $2.5 million, money is not likely to be spent until there is more certainty that the light rail project will be built. Director Anderson said it was a good solution. Director Lueb moved to approve TCDA Resolution No. 20-01 and Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES – May 19, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 3 of 5 TCDA Resolution No. 20-01 – A RESOLUTION AMENDING THE TIGARD TRIANGLE URBAN RENEWAL PLAN BY ADDING A MULTI-USE PATH OVER HIGHWAY 217 TO THE LIST OF URBAN RENEWAL PROJECTS Yes No Director Lueb  Director Anderson  Chair Snider  Director Goodhouse  Director Newton  Mayor Snider announced that TCDA Resolution 20-01 passed unanimously. He said he was excited about the addition of this project and it is critical to the overall plan. Mayor Snider convened the City Council for the remainder of the meeting. 4. NON-AGENDA ITEMS None 5. ADMINISTRATIVE REPORT - City Manager Wine discussed plans to reintegrate Tigard services and said all City departments are working actively on how to phase in services once Washington County applies for and moves into Phase 1. Washington County is applying for Phase 1 opening on Friday, May 22 and if requirements, such as contact tracing are met, would probably reopen about June 1. She said the City of Tigard is open for the most part, providing services virtually or in person in the case of Police and Public Works, but the buildings are closed. Even in Phase 1, most services provided remotely will stay the same. These will be discussed further at the next Council meeting. Opening and providing City services are different things. In-person services in Phase 1 include court and parks (including the dog parks and restrooms). We are planning to require staff and the public to wear masks when interacting in person and doing business with the City and the 6-foot distance would be maintained. Many services would be by appointment. Information given to cities is that playgrounds are still closed, but restrooms and dog parks can open. We are still looking at OHA guidance on how to sanitize, and move seating for social distancing in dog parks, focusing on safety. Councilor Lueb noted that Lake Oswego is opening their dog parks on Friday. She asked if Tigard was working with other cities to see what they are doing. She said Council is receiving communication from citizens that dog parks are extremely important to residents, as are restrooms. City Manager Wine said the answer is yes, we are actively sharing information across communities and Interim Parks Manager McKnight is working as quickly as possible to keep things open. In response to a question from Mayor Snider on whether Tigard could open dog parks on Friday, City Manager Wine asked, “What would it look like if I said we could, but then could not?” She said it would not be fair to commit to a Friday opening when the answer is unknown. She reiterated that the City is trying to do this in a healthy way and will inform Council when she knows something for sure. Mayor Snider said Council has been hearing about this for TIGARD CITY COUNCIL MEETING MINUTES – May 19, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 4 of 5 four weeks; it is not difficult, and a plan should have been developed. He noted that Council is reflecting the community’s frustration. City Manager Wine said she hears what Council is saying but countered that it is not that the City doesn’t have a plan. There is a plan; but it wants to make sure it will be healthy for people to interact and for dogs to interact before we open. As soon as we can do this, the dog parks will reopen. Council President Goodhouse strongly urged the City to open the dog parks soon, on Friday, if possible. He suggested limiting the number of people that can enter at any one time. He said he has also heard from downtown businesses that homeless people are trying to get into businesses to use restrooms so getting public restrooms opened is important too. City Manager Wine heard that Interim Parks Manager McKnight recommended opening as soon as May 21. Steps to prepare for COVID safety include removing picnic tables and adding sanitizer stations for commonly touched areas such as gates and garage cans. They are modifying garbage can lids for no-touch disposal of dog waste bags. Staff will wear personal protective equipment when changing out garbage can liners. She said she appreciated the feedback and hears the need for opening the dog parks and restrooms. City Manager Wine said the guidance from the State has always been that there needs to be running water (preferably hot or warm) and soap available at restrooms. The reason the restrooms are closed is that the City does not have that at the restrooms. She is reviewing a plan to hire more seasonal parks staff to help with sanitizing restrooms because they need to be cleaned twice daily at least. If we are to open them, we need to clean regularly and offer some form of hand sanitizer or running water and soap. Councilor Newton said her understanding was that for the most part, staff have been encouraged to telework until Washington County enters Phase 2. City Manager Wine said that was generally true. There are detailed plans for maintaining six-foot distances, building capacity (how many people can be admitted at one time), physical barriers, work space sanitizing and requiring masks to be worn inside. Staff will continue to telework, particularly during the construction in City Hall. If their desk was in an area that is under construction, they can work at hoteling stations. City Manager Wine said she would like feedback from Council on their comfort levels with coming back to in-person public meetings in Town Hall. 6. EXECUTIVE SESSION – None scheduled 7. ADJOURNMENT At 7:02 p.m. Council President Goodhouse moved for adjournment. Councilor Anderson seconded the motion and Mayor Snider conducted a vote. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES – May 19, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 5 of 5 Yes No Councilor Lueb  Councilor Anderson  Mayor Snider  Council President Goodhouse  Councilor Newton  _______________________________ Carol A. Krager, City Recorder Attest: __________________________ Jason B. Snider, Mayor Date: _____________________ TIGARD CITY COUNCIL MEETING MINUTES – May 21, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 1 of 3 City of Tigard City Council Special Meeting Minutes May 21, 2020 1. SPECIAL MEETING A. At 5:45 p.m. Mayor Snider called the virtual Tigard City Council Special Meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  Youth Councilor Turley  Council President Goodhouse  C. Call to Council and Staff for Non-Agenda Items – There were none. Councilor Newton commented that she was pleased that Tigard’s Public Safety Levy passed. 2. DISCUSSION ON STATE AND WASHINGTON COUNTY PLANS FOR RE-OPENING Mayor Snider said he called this special meeting because he wanted council input into a decision he has been asked to make. A group of mayors in Washington County desires to push the governor to open sooner than the county is requesting. He has been asked to join the effort and add his name to a letter. He described the various points of discussion. Washington County will submit their reopening request and plan to the Governor tomorrow. A group of mayors has discussed requesting that the Governor approve the request on the same day it is received. Some want to request that she approve Washington County on Tuesday, May 26 and another group wants May 29, seven days after the plan will be submitted, which is in line with many other counties. Some feel June 1st is the right timing. Mayor Snider noted that this is a complex issue, both from a health and safety perspective and the potential political capital expended by pushing up the date. He personally preferred Friday, May 29, but asked if it was worth it to push hard for May 29 rather than June 1. He noted that neither Beaverton nor Hillsboro have weighed in on this so the other two larger cities in Washington County have not stated a preference yet. TIGARD CITY COUNCIL MEETING MINUTES – May 21, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 2 of 3 Councilor Newton said she was concerned about opening too soon and there may be confusion about the date. She was curious why Washington County wanted that extra weekend before June 1 and Mayor Snider said he did not know. Ms. Newton said her expectation was that it should not take any longer than with other opening proposals. Councilor Anderson said opening this Friday would be crazy. He talked to downtown business owners today and they were excited to open on June 1 and had been planning, aligning staff and getting ready for that date. He asked why Tigard didn’t just say we would open when Washington County gets it done. Mayor Snider said the question was whether he should sign a letter urging an earlier opening. Councilor Anderson said he did not think so. Councilor Lueb said she wanted to balance the business needs and open as soon as possible but for communication purposes a clear date was better. The Tigard Chamber is working hard to get information out on how to open safely and opening tomorrow would mean chaos. She did not think the city needed to participate in arguing for three fewer days. Council President Goodhouse said he differed because many businesses have been preparing to open and he proposed opening as soon as tomorrow or Monday. He said the sooner the better and encouraged expediting the opening. Mayor Snider asked the other members if their position had changed and Councilors Anderson, Lueb and Newton did not support anything other than working with the Washington County timeline. He said it was not a perfect solution but did want to talk it through and find out what Council supports and if there was a consensus. Council President Goodhouse said there is already going to be a phased opening because businesses that are ready could open immediately and those that are not will open later. A week and a half can make a big difference for some businesses. 3. NON-AGENDA ITEMS There were none. 4. ADJOURNMENT At 6:03 p.m. Council President Goodhouse moved for adjournment. Councilor Newton seconded the motion and City Recorder Krager conducted a roll call vote. The motion to adjourn passed unanimously. Yes No Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  Council President Goodhouse  TIGARD CITY COUNCIL MEETING MINUTES – May 21, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 3 of 3 _______________________________ Carol A. Krager, City Recorder Attest: __________________________ Jason B. Snider, Mayor Date: _____________________ TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 1 of 9 City of Tigard Tigard City Council Meeting Minutes May 26, 2020 1. STUDY SESSION At 6:30 p.m. Mayor Snider called the Study Session to order. A. COUNCIL LIAISON REPORTS Mayor Snider said that the main topic on the agenda tonight is Council Liaison Reports. He said he has been having a lot of virtual meetings, so he suggested the Council have this session to debrief on things that are going on that the entire Council should know about. Councilor Newton said that the Youth Advisory Council (YAC) has continued to meet over Zoom and held elections for key offices recently. The group has been considering ways they can help during the unique circumstances of the COVID pandemic. Mayor Snider said that Emilio Calderon, recently reelected chair of that committee, was becoming the Youth City Councilor and so they may want to hold new elections. Mayor Snider said that although they had discussed the Youth Councilor position becoming more engaged with the Youth Advisory Council, he does not think the same person should serve as both chair of the YAC and Youth City Councilor concurrently. Councilor Anderson said that most of his meeting have been cancelled. The Planning Commission will be meeting via Microsoft Teams next week. The Regional Water Providers Consortium’s executive board has been meeting, and a larger group will be meeting where cities discuss how they have adjusted their budget regarding fees. Mayor Snider asked if that would be a virtual or in person meeting and Councilor Anderson confirmed the meeting would still be in a virtual format. Councilor Newton said she was remiss in not mentioning that the CDBG Policy Advisory Board met to consider funding for the addition CARES funds that the County received, most of which she believes will be going to County-led rental assistance. They will have a special meeting on a new consolidated plan on Wednesday, May 27th. Councilor Lueb said a lot of her boards have not been meeting but will begin meeting again next month. She said she has been sitting on the League of Oregon Cities Financial and Tax Policy Committee. She said they are still ironing out the details, but that most of the members agree that property tax reform is a high priority issue. Additionally, they are looking at budget flexibility in crisis and local marijuana tax rate related items. They are trying to be precise and directed in their recommendations, instead of making a broad ask. Council President Goodhouse said he was in downtown Tigard and the mural was being painted under the 99W overpass as part of the Tigard Heritage Trail. The rotary clock was also installed at Rotary Plaza and he asked if the Mayor would still be attending the ribbon TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 2 of 9 cutting. There was a question whether this event was still planned to occur in person and City Manager Wine said she would confirm and report back. Council President Goodhouse reported he also attended a JPACT meeting virtually last week, where members discussed aspects of the SW Corridor project, including funding and ridership. The National League of Cities (NLC) is pushing for national funding for cities under 500,000 population. He has noticed a lot of downtown businesses have been reopening over the weekend. Mayor Snider said he attended April’s meeting of the Washington County Coordinating Committee (WCCC). A lot of the meeting focused on the Transportation Development Tax (TDT), which mayors recommended that the Washington County Board not increase. The Washington County Board of Commissioners did ultimately pass an adjustment effective July 1 in order to abide by their strict ordinance requiring regular adjustment. Mayor Snider suggested the County should update that ordinance. At the May WCCC meeting, Mayor Snider said they discussed Metro’s Regional Transportation funding measure as well as the current inventory of emergency transportation. He said he thought they would be seeing a similar presentation to what he had seen in a prior meeting on the Metro measure. The emergency routes discussion focused on seismic resiliency, specifically the Burnside Bridge. Mayor Snider added that the interview committee had chosen a new Youth City Councilor to serve the City and he will be introduced at the June 9, 2020 meeting. At 6:47 p.m., Mayor Snider announced the Council would take a recess and reconvene at 7:30 p.m. for the Business Meeting. 2. BUSINESS MEETING A. At 7:30 p.m. Mayor Snider called the City Council meeting to order. B. Deputy Recorder Patton called the roll. Yes No Council President Goodhouse  Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  Youth Councilor Turley  C. Mayor Snider asked everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items City Manager Wine said that City Attorney Rihala will present a non-agenda item at the end of the meeting. TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 3 of 9 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment – None. B. Public Comment – Mayor Snider asked Deputy Recorder Patton if any public comment had been received. She said that none had been received. Mayor Snider said that he had received public comment from one of the Ascension Drive residents. Councilor Lueb said she believed the item was from Bryan Wolf. City Manager Wine said that staff had received numerous communications from neighbors regarding the parking on Ascension Drive issue. She said that Council had received two such messages today and she would report on those communications. City Manager Wine summarized that Mr. Wolf wrote in to the Council and staff regarding the proposed meeting staff will have with Ascension Drive neighbors, including some questions he would like to be answered in that meeting. City Manager Wine said that was actually a message from Maureen Wolf, but that her concerns reflected those from other commenting neighbors. Mayor Snider asked if the meeting was scheduled and City Manager Wine said that she didn’t believe it had yet been scheduled. She explained that Senior Engineer Tegan Enloe was the project lead on this issue and that scheduling the meeting has been complicated due to COVID-19. Mayor Snider asked that there be thorough public communications and outreach before any action on this issue is implemented and City Manager Wine confirmed. Council President Goodhouse said he spoke to local neighbors and they were confused about the changes in allowed parking on the street and how they came about. He confirmed that cars do travel fast through that section of Ascension Drive. Council President Goodhouse requested that there be more Council involvement in these decisions. 4. CONSENT AGENDA (Tigard City Council): 5. Mayor Snider said that the Consent Agenda is used for routine items such as approval of minutes, receipt of council meeting calendars, proclamations, appointments to boards and committees and approval of contracts or intergovernmental agreements with partner agencies. Approval may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. A. PROCLAIM MAY MENTAL HEALTH AWARENESS MONTH B. CONSIDER AMENDMENT TO THE LEASE AGREEMENT WITH MEALS ON WHEELS PEOPLE FOR THE TIGARD SENIOR CENTER Councilor Lueb made a motion to approve the Consent Agenda. Councilor Newton seconded. Mayor Snider asked the City Recorder to conduct a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 4 of 9 The motion passed unanimously. 6. RECEIVE BRIEFING FROM COUNCILOR DIRKSEN ON GET MOVING 2020 TRANSPORTATION MEASURE Metro Councilor Dirksen introduced his presentation on Metro’s potential Transportation Measure on this November’s ballot. He explained that the plan is built to make transportation safer and easier, with a lens on equity and meeting climate change goals. He said the measure would both increase jobs and support employees travelling to and from work as the economy recovers. Mr. Dirksen said that the Portland community is growing, even through the last recession up to today. He said that growth has brought benefits, like higher property values, economic opportunity and access to jobs, but has also come with costs. Metro’s transportation system is the lifeblood or circulatory system for the region. He stated that an improved transportation system is needed for the Portland community to come back from the COVID-19 pandemic impacts. He outlined the public involvement that had occurred in the course of the past year to develop this transportation measure. He repeated that this measure would put tens of thousands of people back to work while achieving many other regional goals, including climate goals, equity, traffic reduction and emergency preparedness. Some major initiatives included in the measure are traffic and bicycle safety improvements, removing buses from traffic and using electric bus alternatives. Mr. Dirksen said another major project included is the long-awaited SW Corridor Light Rail Project, which includes a plethora of new improvements that go along with a light rail plan, such as Park & Ride lots. He reviewed other major projects funded in the measure that would occur in Washington County, including TV Highway, SW 185th Avenue, Burnside Bridge, Highway 217, and Pacific Highway/99W. Mr. Dirksen said that next steps to a decision are continuing work sessions to determine programming funding for the next 20 years, finalizing the project and program recommendations, and finally bringing it to Council for referral to the ballot. They estimate they will have a referral decision and a vote on July 16, 2020. He said this exciting project would help get the community moving again. Councilor Newton thanked Metro Councilor Dirksen for his thorough presentation. She commented that it would be important to know what the proposed programs look like as well as how the decisions will be made. She asked if Metro was anticipating how they will communicate included programs to the public, including what they would look like. Mr. Dirksen said they are still refining the list of programs and corresponding funding amounts. Although they received staff recommendations today, he said it was clear they did not yet have consensus on what would be Yes No Council President Goodhouse  Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 5 of 9 included in the measure. He added that there was a draft list of programs that would be part of their public record from their work session earlier the same day. Councilor Newton asked how the refinement of the SW Corridor Project fit into the timeline for this ballot measure. Mr. Dirksen said that the timing of the measure works perfectly with the SW Corridor Project since local funding will need to be identified before federal funding can be sought. Councilor Newton asked Mayor Snider if they would know more details about the plan before the Metro Council refers this to the ballot in July, specifically surrounding staff and Council concerns regarding the “Hall Street” station. Mayor Snider commented that the City is continuing to work with TriMet on station design and other issues raised. He doubts they will have total clarity on this subject before the measure is sent to the November ballot in July of this year. Councilor Dirksen introduced Tyler Frisbee from Metro to help answer questions and asked if there were any updates on the SW Corridor project. Ms. Frisbee said the measure needs to pass in order for the SW Corridor Project to be built at all. She said that through focus groups and surveys they know the public is not thinking about the station design when considering whether to vote for this bond package. At core, she stated, the public is concerned with whether they want light rail in Tigard. Those that want light rail in Tigard will likely support the measure. Councilor Anderson asked what factors would impact the Metro Council’s decision to put this measure on the ballot in November, such as COVID-19. Councilor Dirksen said that barring any unforeseen circumstance, they plan to refer the measure to the ballot in November. The question is whether they will refer it in July or any sooner, if more details about the package have been fleshed out. Mayor Snider asked if Councilor Dirksen wanted to comment on the funding mechanisms of the measure. Councilor Dirksen said that would be premature. There are a couple mechanisms in mind, including a business tax or a regionwide auto registration fee. He added that funding source options for local governments are very limited. Ms. Frisbee clarified it was more of a payroll tax, but that the term “business tax” is clearer to the public. Councilor Lueb thanked Metro Councilor Dirksen for his presentation and said her questions had been answered. Council President Goodhouse stated his only comment was that he would like to see more progression regarding the “Hall Street” station design before determining whether Metro would have the support of the Council. Mayor Snider thanked Mr. Dirksen and staff. Mr. Dirksen thanked the Mayor and Council for the opportunity to present. 7. CONSIDER A RESOLUTION TO EXTEND THE CITY'S EMERGENCY DECLARATION City Attorney Rihala presented the staff report. She explained this was the second request for an extension of the emergency declaration related to the COVID-19 crisis. She stated that staff have been following the issue and at this point they still believe the emergency declaration is necessary, specifically due to Human Resources, public accommodations, and purchasing policies. The extension would move the expiration to June 30, 2020. There was no Council discussion. TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 6 of 9 Councilor Anderson made a motion to approve Resolution 20-27. Councilor Lueb seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-27 – A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY’S EMERGENCY RELATED TO COVID-19 Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse  Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  The motion passed unanimously. 8. DEBRIEF ON LOCAL OPTION LEVY City Manager Wine introduced the discussion about the recent passage of the 5-year Tigard Police Services levy. She said that unofficial results show the Police levy passed and staff are developing a comprehensive implementation plan. The plan will detail the process of hiring new officers, ensuring internal staff support and providing increased advanced de-escalation training. The plan also explains how the funds will be accounted for and how the City will regularly report out to the public regarding use of levy funds. She stated this was Council’s opportunity to ask questions about the implementation. Council President Goodhouse stated he wanted more communication regarding the hiring process and the timeline for hiring the additional patrol officers and school resource officer (SRO). City Manager Wine said they already have folks in the various stages of hiring, but that they would try to make that process clearer as staff move forward. Councilor Lueb said it was an honor to be trusted by the citizens of Tigard who heard the Council’s communications about the funding problems facing Tigard Police. She suggested finding additional ways of reporting results from the levy, so the community knows what they’re getting, such as adding it to the City’s Report Card. Mayor Snider said he seconded that opinion. Youth Councilor Turley said she thought adding it to the City’s Report Card was a great idea. Councilor Anderson said he would wait for implementation details until the plan is fully drafted. He asked if there has been any change in morale or the attitude within the department. Police Chief McAlpine said they are still in a state of shock, albeit very excited. They are in the process of communicating their appreciation from the officers themselves reflecting how much they appreciate the support of the community. She said everyone is very much uplifted and that now the real work begins. Councilor Newton said she appreciated the Tigard voters for approving the levy. In the future, she suggests connecting the story to how the issues are being addressed through outcomes like increased patrols. She said the City should show the residents why this will benefit them over time and be transparent in how the dollars are being spent. TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 7 of 9 Mayor Snider echoed that he appreciated the support of the community in this instance. He said he was curious about the methodology that was used in the polling data that was completed in advance of the ballot measure. He asked if there would be staff follow-up with the firm that completed the polling in order to determine why the polling was so far off and incorrect. Councilor Newton said she was interested in whether the City’s ability to tell a compelling story was what made the difference in the eyes of voters. City Manager Wine said that staff are already in contact with DHM Research regarding other projects. She said that she doesn’t think anyone would be able to explain exactly why the polling was incorrect, but that they would check back in with the polling firm. Council President Goodhouse said he would be interested in finding this out as well. He restated his appreciation for the voters and said that he thought telling the story of the Police Department was what made the difference between passage and failure. 9. NON-AGENDA ITEMS City Attorney Rihala presented this item regarding Temporary Encroachment Permits for Furnishings. She explained that this item was to proactively support Tigard-based restaurants that want to meet increased social distancing requirements. Tigard already has a process for approving encroachments into right-of-way. Staff have streamlined this process and waived the fee to make it easy for the public to access and navigate, while still ensuring the safety of all users and adequate passage for our disabled community. Multiple departments worked together to develop this easier process and have quickly put together the resolution so that it may take effect before June 1st. This change would be in effect until December of this year. Council Discussion and Consideration: Resolution No. 20-28 Councilor Newton said she had no questions and she has been in contact with local businesses who thought this was a positive change. Mayor Snider asked if the business owners she had spoken to were worried about having to get a permit at all. Councilor Newton said they were not concerned, as long as the process was fast and the cost was free. City Attorney Rihala explained that the Oregon Liquor Control Commission (OLCC) form is requiring City approval before the state will issue final approval. This program was developed to provide a tentative approval to business owners seeking a permit, pending OLCC review. Councilor Anderson had no questions and stated he thought it was a great idea in time for the good weather. Youth Councilor Turley also had no questions. Councilor Lueb said that she really appreciates how proactive the City is being in supporting local businesses, so they can open on June 1st. She thanked staff who worked quickly to put this program in place. Council President Goodhouse asked if they could make the program permanent if desired when the program expires in December. City Attorney Rihala said staff are interested in continuing the TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 8 of 9 more streamlined process, perhaps as an additional kind of encroachment permit process. Mayor Snider said the OLCC approval would need to be obtained before the City could change its current process. Councilor Lueb made a motion to approve Resolution 20-28. Councilor Newton seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-28 – A RESOLUTION ESTABLISHING TEMPORARY ENCROACHMENT PERMITS FOR FURNISHINGS AND SETTING THE FEE Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse  Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider  The motion passed unanimously. 10. ADMINISTRATIVE REPORT City Manager Wine said she had a brief administrative report. First, she would like to address Tigard City services when Washington County enters phase one of reopening planned on June 1st. She explained that there will not be a significant amount of City services that will move to in- person in the first phase of reopening. Second, City Manager Wine is interested in hearing from the Council regarding in-person City Council meetings. Staff need to develop reopening protocols regarding wearing masks, for example. She does not think that in-person meetings will be possible until these protocols have been established. Staff are in the process of developing these and she plans on speaking with members of the Council individually to hear their feelings on the topic. She stated that the Governor’s Executive Order 20-16 requiring remote participation is still in place. Council President Goodhouse asked City Manager Wine whether they were making comments as a group now or in their 1-on-1 meetings with the City Manager. He said he would like to meet in person in order to allow public comment to occur in person again. Mayor Snider clarified that Mr. Goodhouse was looking for a more interactive way for the public to interact with Council. City Manager Wine said staff could certainly use the same system the Council used in sitting as the Budget Committee. Councilor Newton said she would discuss the issues offline with the City Manager. She said she was supportive of investigating in-person meetings, but that the City should follow the Governor’s orders and best practices. Councilor Newton made a statement about wearing and removing masks. Mayor Snider asked about wearing masks while speaking and where that suggestion had appeared. City Manager Wine explained she believed it may be included in the draft protocols sent to Council. TIGARD CITY COUNCIL MEETING MINUTES – May 26, 2020 City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov | Page 9 of 9 Mayor Snider asked if the Council should wait until phase two before beginning in person meetings again. City Manager Wine said that they would like to wait until the City Hall doors are reopen to the public, or guidance from the Governor’s order changes. Councilor Newton agreed that it would probably be more prudent to hold meetings virtually until phase two. Mayor Snider said that the public comment component is also important, and if staff could get the call-in function working, then virtual meetings could address that concern. Council President Goodhouse said that is what is important to him and he wants people to be able to weigh in on issues in real time. Written comments, he stated, didn’t have the same effect as in- person testimony or live interaction with the public. Mayor Snider pointed out that not all agenda items are open to public comment. Council President Goodhouse acknowledged this and said it would be for the parts of the agenda that are open for comment. These are the public comment section and any public hearing item. Councilor Lueb said she wanted to meet virtually until they could meet without masks. She stated that continued outreach with the community will be very important during this time. Mayor Snider stated that he holds a virtual Fireside Chat each month, but that the Council may want to have a similar event one a month, two weeks after the Fireside Chat. Council President Goodhouse said he would like to start next week and hold these events weekly. Mayor Snider said they could discuss weekly, but that it may be too much. He asked for thoughts from other Councilors. Councilor Lueb agreed that weekly may be too often and that she prefers having a discussion with two Councilors at a time. Councilor Newton agreed with Councilor Lueb’s comments. She supports an online Council event every two weeks and in tandem with another Councilor. Councilor Anderson agreed with these primary points. 11. EXECUTIVE SESSION None scheduled. 12. ADJOURNMENT At 9:02 p.m. Councilor Goodhouse made a motion to adjourn. Councilor Newton seconded. Deputy City Recorder Patton conducted a roll call vote and the motion passed unanimously. _______________________________ Caroline Patton, Deputy City Recorde Attest: _________________________ Jason B. Snider, Mayor Date: _____________________ Yes No Council President Goodhouse  Councilor Newton  Councilor Lueb  Councilor Anderson  Mayor Snider     AIS-4373     3. B.             Business Meeting Meeting Date:08/25/2020 Length (in minutes):Consent Item   Agenda Title:Consider Contract Award - Pavement Management Program - Crack Sealing Prepared For: Christine Moody Submitted By:Jamie Greenberg, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing Newspaper Legal Ad Required?: No   Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract to BCV, Inc for pavement crack sealing services? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board award a contract to BCV, Inc for pavement crack sealing services for the Fiscal Year 2020-2021 for an amount not to exceed $308,508.00, and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY Pavement Manag ement Program - Crack Sealing Work under the city's Pavement Management Program - Crack Sealing includes: - Installation of crack seal on city streets - Temporary signage, protection, street sweeping, and traffic control - Additional and incidental work as called for by the specifications and plans   As part of the pavement management program, the crack seal product needs to be in place approximately 6 months prior to the preventative maintenance project (slurry seal) anticipated for the summer of 2021 in order to reduce scheduling conflicts.  This will help alleviate the rescheduling and delay of street projects that can occur when both crack seal and slurry are performed close together. The city received two (2) bids in response to the Invitation to Bid issued in July. BCV, Inc: $308,508.00 CR Contracting, LLC: $520,452.00   Staff has reviewed the bids and determined that BCV, Inc has submitted the lowest responsive bid and should be awarded the contract.   OTHER ALTERNATIVES The Local Contract Review Board may reject all bids and direct staff to reissue the Invitation to Bid.  The Local Contract Review Board may reject all bids and direct staff to issue the work with the Pavement Management Program Preventative Maintenance Bid in the Spring of 2021.  This would not allow for the expected program and scheduling benefits of conducting the crack sealing in advance of slurry seal. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost:$308,508 Budgeted (yes or no):yes Where budgeted?:Streets Capital Improvement Additional Fiscal Notes: The proposed contract is for $308,508.00 and appropriations are in the approved Capital Improvement Plan for FY 2020-2021 as part of the Pavement Management Program, project # 95001. Attachments No file(s) attached.    AIS-4394     3. C.             Business Meeting Meeting Date:08/25/2020 Length (in minutes):10 Minutes   Agenda Title:Consider Contract Award for Cach Reservoir and Pump Station Owners Representative Prepared For: Christine Moody Submitted By:Christine Moody, Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing Newspaper Legal Ad Required?: No   Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract to Kennedy Jenks for the Cach Reservoir and Pump Station Owners Representative? STAFF RECOMMENDATION / ACTION REQUEST Staff Recommends that the Local Contract Review Board award a contract to Kennedy Jenks for the Cach Reservoir and Pump Station Owners Representative in the amount of $979,946.00 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The City of Tigard owns and operates a public water system which supplies potable water to the Tigard Water Service Area (TWSA), which includes approximately two-thirds of the residents, businesses, and public institutions within the City limits, the unincorporated area of Bull Mountain, and the cities of King City and Durham.  The TWSA is currently expanding to include the River Terrace area as development occurs along the City’s western boundary. Due to projected hydraulic limitations in the water distribution system in this area, a new reservoir and pump station will be installed on the western slope of Bull Mountain to serve the 560-foot pressure zone.  Two sites that are owned by the City are currently available in this area: the Cach Nature Park and Sunrise Park.  Final site selection will be determined during project design. On June 17, 2020 the city issued a Qualification-Based Request for Proposals seeking services On June 17, 2020 the city issued a Qualification-Based Request for Proposals seeking services of a consulting firm with demonstrated success in the delivery and project management for water related infrastructure including concrete water reservoirs, pump stations, pipelines, and associated improvements with specific experience related to various project delivery methods. On July 16, 2020 three proposals were received from the following firms: Black & Veatch West Yost Associates Kennedy Jenks The RFP asked Proposers to have demonstrated expertise in the following areas: Planning and predesign activities and alternatives analysis, with particular emphasis in alternative delivery methods. Land use and permitting process experience including oversight and integration with other elements and phases of project predesign and design. Tank design management with the AWWA D110 Type I tanks for a stand-alone reservoir.  Indicate enhancements that have been included to improve upon the standard design requirements per AWWA for tank design. Experience managing projects with challenging foundation conditions. Project cost estimate during predesign or initial design stages. Successful completion of highly visible projects with many, varied and similar stakeholders. Experience in working with multiple areas of expertise, including engineering, operations, maintenance, public outreach, etc. Experience with phasing project and scheduling, including understanding how land use, public involvement, and other key aspects fit into the overall project schedule. Pipeline design management. Adequate availability of key and support resources. Commitment of key resources identified in the proposals. Additional project management skills and capabilities that may be applicable to the general scope of these tasks.   A selection committee reviewed and scored proposals on project understanding and approach, proposer qualifications, qualifications of key staff, and references. After careful consideration, including price proposal evaluation from the top two ranked firms, staff recommends that the city award the contract to Kennedy Jenks. Shasta Billings-Beck, Senior Project Engineer will manage the contract and resulting work products and key deliverables. Staff anticipates this contract to be in place through design and construction of the reservoir with a general completion date of June 2024. OTHER ALTERNATIVES The Local Contract Review Board may choose to not enter into this contract with Kennedy The Local Contract Review Board may choose to not enter into this contract with Kennedy Jenks and direct staff to issue another Request for Proposals instead.  This would delay the start of the project by several months. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council Goal 3 – Ensure Tigard grows and develops in a smart and inclusive manner. Water System Master Plan Addendum - River Terrace Community Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost:979,946.00 Budgeted (yes or no):Yes Where budgeted?:Capital Improvement Plan - Water Additional Fiscal Notes: Costs for this project are split between the Water Fund (80%) and Water SDC Fund (20%). Attachments No file(s) attached.    AIS-4386     4.             Business Meeting Meeting Date:08/25/2020 Length (in minutes):35 Minutes   Agenda Title:Receive Public Safety Transformation Commission Update & Discuss Next Steps Prepared For: Marty Wine, City Management Submitted By:Nicole Hendrix, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Receive update on the Public Safety Transformation Commission proposal and the components of Commission implementation that are in progress. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends reviewing the Public Safety Transformation Commission proposal and approving the final version. KEY FACTS AND INFORMATION SUMMARY Staff have incorporated and addressed the changes to the Public Safety Transformation Commission proposal that Council identifed at the August 11, 2020 council meeting. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Strategy 4.4: Promote an inclusive, open-minded, and progressive community. Implement initiatives to improve city services and participation that captures the diversity of the community and improves equity and inclusion. DATES OF PREVIOUS COUNCIL CONSIDERATION 8/11/2020 Discuss Community Input on the Transformation Commission 8/11/2020 Discuss Community Input on the Transformation Commission 7/28/2020 Racial Justice & City Action 7/14/2020 Racial Justice & City Action 6/23/2020 Racial Justice & City Action 6/09/2020 Racial Justice & City Action   Attachments Public Safety Transformation Commission REV with Council Edits Tigard Public Safety Transformation Commission Background: Overall, the Tigard community has been well served and protected by the members of the Tigard Police Department for decades. As a community and a city, we all must be vigilant and continuously re- evaluate and improve our public safety practices to ensure they reflect the always-evolving values of the Tigard community. In this moment of national concern, the city has received significant public input about public safety and police services via e-mail, paper mail, phone calls, in-person, and social media since May 30, 2020. The mayor challenged the entire Tigard community on June 3rd to accomplish the following:  Identify and eliminate institutional racism to ensure equity within all city operations and structures  Eliminate institutional racism and ensure equity within the Tigard community  Improve the lived experience of all persons of color in Tigard such that everyone enjoys the same safety and privilege. Definitions: Having a shared understanding of terms is critical as we embark on this journey and move from ideas to actions. There are organizations that have been working on dismantling injustices and are considered subject matter experts in this field- such as PolicyLink and RacialEquityTools. That said, the City will proceed with these definitions:  Equity means just and fair inclusion into a society in which all can participate, prosper, and reach their full potential (PolicyLink).  We will rely on the glossary developed by RacialEquityTools.org for our educational purposes with an opportunity for the Commission to develop its own working definitions as well. See attachment. Public Safety Transformation Commission: This is a draft framework for the city council, staff, and community members to review and provide input on both what practices should be reviewed and how appropriate changes should be made. The Public Safety Transformation Commission (the “Commission”) will begin with reviewing public safety practices, with similar community input and draft frameworks anticipated for all other areas of city operations. This is the first step of an ongoing conversation that addresses inequities. This Commission will be just one part of the City’s Anti-Racism Action Plan. The City anticipates future commissions or groups being formed to address other issues of structural racism, such as housing. The Commission will work closely with the City to co-design a process which will include developing and approving bylaws to establish the conduct of its meetings, including the meeting schedule, format, and frequency, and creating a community agreement (norms) regarding expectations. The meeting format will include an opportunity for public comment and Commission members are encouraged to seek community input outside of meetings as well. Commissioners should expect a time commitment of 2-5 hours each week. It is anticipated the Commission will meet every other week, but the Commission will be the ultimate decider of the schedule. At its first meeting, the Commission will select a chair and vice-chair. The chair will preside over the meetings and have equal voting authority as the other members. The Commission will be made up of 15 people:  Police Chief or designee (must be sworn member of department)  Tigard Police Officers’ Association designee (must be sworn member of department)  City Attorney  Municipal Court Judge  President of Tigard High School Black Student Union or designee  Tigard Youth City Councilor  Tigard City Councilor  Licensed Mental Health Professional or leader of Mental Health organization with a presence in Tigard (preference to those that regularly interact with community members in crisis or community members that have regular contact with law enforcement as the only available social services resource)  One representative of the business community in Tigard (designated by Tigard Chamber of Commerce)  6 Tigard residents from the community at-large, with preference to those that can best represent the BIPOC, LGBTQIA+, and faith communities in Tigard. Appointment of community members will be determined through a two-step process. The first step will be a caucus format in which the community will select 16 candidates. Anyone interested in membership on the Commission may submit a statement of interest. The Tigard community will be able to review the applicants’ statements and a community vote will be held by social media, online, comment cards, and other input channels. Once the community has chosen its 16 candidates, the second step is for City Council to select 8 finalists—6 Commissioners and 2 alternates. Commission Training: It is critical that the Commission members understand the current systems and processes the Tigard Police Department uses to protect and serve the community now. To do so, Commission members are expected to complete the training offered by the Tigard Police Department and at least one full-shift ride-along with a patrol officer. Commission members should work with the Chief of Police to address any barriers posed by the proposed training. At a minimum, Commission members must learn and understand current practices in the following areas:  Recruitment, hiring, and training  Cultural competencies  Basic law enforcement academy curriculum  Mandatory reporting on bias complaints  Statistical Transparency of Policing (STOP) data for both vehicles and pedestrian contacts  Mandatory use of force reporting  Complaint processes  Deadly use of force procedures and review  De-escalation in all force response training modules In addition, all members of the Commission will watch Race in Oregon History – A Historical Perspective and read the book, So You Want to Talk About Race, by Ijeoma Oluo. Commissioners are encouraged to make recommendations of other educational resources as well. Commission Work Plan: A significant number of issues have already been raised and suggestions made by the community identifying areas the Commission may want to consider. The Commission is empowered to review those comments, along with its own areas of interest, and prioritize topics for its consideration. Once the Commission has identified its priorities, it will present the work plan to City Council. The Commission may prioritize its own work, add topic areas to address, and add, change or remove questions/criteria as needed and without Council approval. Upon completion of the work plan or one year after formation, whichever is sooner, the Commission will report to Council on its progress. Decision-making will strive for consensus (defined as at least 12 of 15 votes). When the Commission reaches a consensus on a policy or practice that is within the authority of the Chief of Police or City Manager to implement, the decision will be implemented as soon as practicable. When the action item requires City Council approval, the Commission will make a recommendation to Council. If consensus cannot be reached, each competing perspective will be summarized along with why consensus could not be reached. This summary will be presented to City Council along with the Commission’s report-out on its work plan, or sooner at the discretion of the Commission. Potential Topics for Commission Consideration: A significant number of topics have already been raised by the community. These comments are largely reflective of the national dialogue and include comments as well as numerous questions. The questions make clear that the Tigard Police Department has an educational opportunity to show the positive steps the Department has already taken and what distinguishes it from other departments nationally. The comments the City has already received run the gamut from discrete policies that the City could implement now to complex changes that would require Congressional action. Additionally, the Commission understands that any recommended changes that affect wages, hours, and working conditions are subject to collective bargaining agreements. For the Commission’s consideration, potential topics include: Accountability and Transparency Qualified immunity - Qualified immunity is a legal defense to claims for certain constitutional violations. - Tigard Action: Advocacy. This is a complex legal principle with far reaching legal implications and would require Congressional action. Body cameras - Tigard school resource officers, K-9 handlers, and motor officers currently have body cameras, but it is not department-wide. Videos from body cameras are occasionally introduced by officers in traffic trials to demonstrate their interaction with defendants and statements made following a traffic stop. - Tigard Action: Policy consideration Public access to misconduct investigation results - Oregon Public Records Law and litigation strategy may prevent the release of some types of investigatory results, while others are generally required to be disclosed. - Tigard Action: Advocacy/Policy implementation. Largely governed by Oregon Public Records law, which would require state legislative action, collective bargaining impacts, but minor changes could be effectuated by City. National databank/registry for police misconduct - Oregon just established a statewide system in July (House Bill 4207) and Tigard requires background investigators to review the database during the background check of Tigard police applicants. There is no national registry. - Tigard Action: Advocacy, national registry would require Congressional action. Labor arbitration re-instatement of officers terminated for mis-conduct/bias/excessive use of force - State-level House Bill 1604 passed in July, which included arbitration reform and disciplinary matrix. - Tigard Action: Collective Bargaining Agreement with Tigard Police Officers’ Association to develop matrix. Community police oversight or use of force review committee/chief’s advisory committee - Many jurisdictions have local committees or board’s as appropriate for the agency. - Tigard Action: Policy consideration Officer clear identification in all instances, including riot control - House Bill 4201, created the Joint Committee on Transparent Policing and Use of Force Reform (“Joint Committee) to review, including topics such as military equipment, police uniforms, weapons and munitions, and protests, among others - Tigard Action: Review current policies and practices Police budget - Consider “defund police” narrative - Tigard Action: Recommendations to Chief of Police, Budget Committee, City Council Use of Force Re-implementing a force continuum (as requested by #8cantwait) vs. current Graham vs. Connor standard - House Bill 4201 Joint Committee will review all aspects of use of force to include force continuum - Tigard Action: Review current policies and practices. Choking Out - House Bill 4203, passed July 2020, bans police choke holds unless peace officer can justify deadly physical force - Tigard Action: Review current policy and practices, aligned with recent state law Change in training and policies to allow or direct an officer to back down from an immediate arrest when the suspect is identified and the seriousness of the situation does not warrant further escalation of force just to effect an immediate arrest - Officer makes case-by-case determination - Tigard Action: Review current policies and practices Re-evaluate deadly force assumptions (must use in the moment judgement standard, not with the benefit of hindsight), just because deadly force is authorized, should it be used? (e.g. taser taken and cartridge used) - House Bill 4201 Joint Committee will review. - Tigard Action: Review current policies and practices “No knock” warrants - Currently requires authorization from a Circuit Court Judge. Tigard Police Department does not use no knock warrants and never has. - Tigard Action: Review current policies and practices. Training Implicit bias, cultural awareness, sensitivity training, and trauma informed care - Tigard’s current training generally incorporates these topics. - Tigard Action: Review current certification requirements by Department of Public Safety Standards and Training (DPSST) and current training standards Use of force - House Bill 4201 Joint Committee will review. - Tigard Action: Review current policies and practices and alignment with state and federal laws De-escalation training - Officers received training in the basic law enforcement academy, no state mandate currently; de-escalation is in every force response training. - Tigard Action: Review current policies and practices, recommendation to Chief of Police Police Legitimacy and Procedural Justice training (7 hour course) - Currently provided annually along with mandated police ethics - Tigard Action: Review current policies and practices, recommendation to Chief of Police Hours of police training in Oregon - DPSST develops curriculum at the state level, including the number of hours dedicated to specific topics such as crisis intervention, procedural justice, and others. Upon graduation of the Basic Law Enforcement Academy, new officers in Tigard have 16 additional weeks of Field Training Educational Program (FTEP) that ensures the new officer can perform as expected. - Tigard Action: Advisory, changes would be made at state level Medical training on airway management and respiratory system, including signs and symptoms, pathophysiology, complications from pre-existing respiratory diseases, and how different physical positions comprise the mechanics of effective respiration and work of breathing (estimate 6-8 hours) to be taught by medical professional with advanced airway management and physiology training (Physician, respiratory therapist, emergency registered nurse, or paramedic) - Current training includes first aid and trauma, but not specific to airway management - Tigard Action: Review current policies and practices, recommendation to Chief of Police Restorative justice training for police department leadership - Currently optional training - Tigard Action: Review current policies and practices, recommendation to Chief of Police and City Manager Hiring/Human Resources Identify how biases are identified in the hiring process - Current selection process includes psychological examination; Tigard Police Department contracts with clinical psychologist who specializes in this field. - Tigard Action: Review current policies and practices, recommendation to Chief of Police and Human Resources Maintain police workforce that reflects the community - Under review in recruitment, hiring, and retention processes. - Tigard Action: Review current policies and practices, recommendation to Chief of Police, Human Resources, and City Manager Identify extremist or racist behaviors - Case law limits City’s ability to access social media or consider off duty conduct and all persons have a constitutional right of association. While association cannot be considered, behavior can. An extremist group is a group of individuals whose values, ideals, and beliefs fall far outside of what society considers normal. An extremist group is often associated with violent tactics to convey their point to outsiders. Hate group is a social group that advocates and practices hatred, hostility, or violence towards members of a race, ethnicity, nation, religion, gender, gender identity, sexual orientation or any other designated sector of society. - Tigard Action: Advocacy at state and federal level, review current policies and practices consistent with case law Residency of police officers - Transparency of officers serving and living in Tigard community - Tigard Action: Recommendation to Chief of Police Deployment of Resources School Resource Officers and their presence, training, behavior, and interaction in Tigard-Tualatin School District schools - The District and the Cities of Tigard and Tualatin have begun together to co-create an independently facilitated dialogue, centered with equity, to understand and discuss these questions. A recommendation will be made from the school district to the cities in community, to include the experiences of students and families. - City Action: Recommendation and decision will be made by TTSD and implementation will be cities’ responsibility. Establish a non-police response for mental health, homelessness, and other non-criminal calls - Non-police assistance may be sought on a case-by-case basis and dependent on available resources. - Tigard Action: Review current policies and practices, recommendation to Chief of Police, City Manager, and City Council Pretext stops - Federal and State law prohibit this activity. Vehicle and pedestrian STOP data reported monthly to the state database that includes race/ethnicity and gender. Tigard court determines at trial, or by reviewing the officer's notes on the court's own motion, whether there was a proper legal basis for a traffic stop under Oregon law. - Tigard Action: Review current policies and practices, recommendation to Chief of Police Review traffic violation enforcement protocols to evaluate if the community and officers could be safer using technologically advanced methods as an alternative to initiating a traffic stop. - State law governs for what offenses a traffic stop may be initiated; Municipal Court allows only for photo red light and intersection speed cameras. - Tigard Action: Review current policies and practices, recommendation to Chief of Police and Municipal Court Judge; Advocacy at state level Consider change of participation in Tri-Met Transit Police program - Tigard is member of the multi-agency program; the contract is set to expire December 31, 2020. - Tigard Action: Review current policies and practices, recommendation to Chief of Police and City Manager Ban the receipt of militarized equipment - Surplus of military equipment in federal 1033 program - Tigard Action: Review of current policies and practices, advocacy at state level Other Societal Considerations Reestablish youth peer court program or delegation to the Tigard Youth Advisory Council - Peer court was eliminated in Tigard due to budget constraints. - Tigard Action: Review current policies and practices, recommendation to Chief of Police, City Manager, and City Council Consequences for calling 911 to report normal community activity based primarily on race - Criminal law is set at the state level and local governments are generally preempted in this area. - Tigard Action: Advocacy at the state level Advocate for the release of all offenders Tigard helped prosecute for activities that would not be a crime today (e.g. marijuana possession) - Prosecutorial decisions made by District Attorney - Tigard Action: Advocacy at state level for statutory changes and to DA in discretionary cases Advocate for a change in the cash bail system to make it equitable for everyone - Determined by state law - Tigard Action: Advocacy at state level Change bail/fine system within the Tigard Municipal Court so the cost of fines are equitable for all - Maximum, minimum, and presumptive fines for traffic offenses are set by statute; payment agreements discretion of judge in accordance with statute; local code violations are set by the City. Also, HB 4210 from the recent special session eliminates the ability of courts to suspend driver licenses for failure to pay traffic fines. - Tigard Action: Advocacy at state level for statutory fines; recommendations to the City Council for local fines or ability of Tigard court to convert fines to community service Color and style of uniforms and color of cars are intimidating/militaristic - Local discretion on determining colors and style. Current practices also being reviewed by HB 4201 Joint Committee. - Tigard Action: Recommendation to Chief of Police and City Council Ensure that all personnel are complying with sanctuary with ICE - Required by ORS 181A.820 and Tigard Police Policies 428 - Tigard Action: Review policies and practice