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City Council Minutes - 07/14/2020 41 City of Tigard Tigard City Council Meeting Minutes July 14, 2020 1. STUDY SESSION At 6:30 p.m.,Mayor Snider called the Study Session to order. A. Qualified Immunity Discussion Mayor Snider explained that he asked for this briefing in light of recent public comment to City Council regarding police services. City Attorney Rihala introduced Steve Kraemer from City/County Insurance Services (CIS) to present this item on qualified immunity and answer all of Council's questions. Mr. Kraemer also held a Q&A session with the Police Department the day prior so that everyone is on the same page. Mr. Kraemer explained that historically, the United States passed a law, 1983,which gives an aggrieved person the right to sue a government actor if they have intentionally violated an individual's rights. He clarified that this is not limited to police but applies to any government actor. The rights violated are typically the 4`i' amendment,including an unreasonable search and seizure, for example. From Supreme Court precedent, the qualified immunity doctrine stated that a police officer could not be sued for violating someone's constitutional rights if it was not clearly established it was unconstitutional and if there was a good faith basis for believing what they did was constitutional.The problem with this theory was that a good faith basis was a subjective jury determination. The new standard developed was if a reasonable officer would have believed his actions were unconstitutional, they would be covered under qualified immunity. The criticism of qualified immunity is that it's not in the Constitution and it was created by precedent only.This doctrine has been under scrutiny for a number of years,but most recently in light of the George Floyd incident in Minneapolis. Mr. Kraemer said that qualified immunity cases typically rely on previously decided and factually similar caselaw, unless the facts of the case are obviously unconstitutional. Mayor Snider asked about the Yale Law Journal article regarding qualified immunity, specifically the purpose of the doctrine at its conception and whether it achieves its intended effects. He asked Mr. Kraemer why they would advocate for the status quo (on qualified immunity) as a community and as a country. Mr. Kraemer explained that it is not intended to stop people from suing police officers when their constitutional rights have been violated,but in the cases where the law is unclear. It acknowledges the fact that police work may not include time to research available caselaw in a split-second decision. He emphasized that this doctrine is used very infrequently and is not meant to remove the ability to prosecute police but protect against expensive litigation. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 13 He clarified that Oregon law does not prevent police officers from being prosecuted for the common law counterpart of the federal violation. For instance, an officer was protected from federal prosecution but was convicted of breaking the equivalent state law, e.g. battery. Mr. Kraemer said depending on which state you are in,it does not take a remedy away from an individual. There are advantages for people to sue in federal court because there is no tort cap, but this rarely comes into play anyway because most cases are not worth as much as a tort cap. Mayor Snider said they need to include qualified immunity in the list of items the new commission will address. Mr. Kraemer added that since qualified immunity is a federal doctrine, there is nothing the Oregon legislature could do that would impact the availability of qualified immunity for federal claims. He said that the doctrine is being examined at the national level and any action would need to come from the United States legislature. Mayor Snider asked Mr. Kraemer for his opinion and he said he felt it was unfair to ask an officer to make that calculation in the moment and the ultimate effect is that officers err on the side of not acting. He said this dynamic makes it hard for officers to do their job and he believes it will likely be watered down or overturned. He reiterated this does not apply to blatant constitutional rights violations,like those in the George Floyd incident. Councilors Newton and Lueb thanked Mr. Kraemer for his explanation. B. Council Liaison Reports Councilor Lueb reported on the Parks and Recreation Advisory Board. She said their recent meeting included discussion of vision and leadership in the City's recreation division. She thanked City Manager Wine and Public Works Director Rager for coming to discuss recent position turnover in the division and having an open and honest discussion with the Board. Councilor Newton reported that the Youth Advisory Council elected a new president named Natalia. Council President Goodhouse helped her join the Lake Oswego-Tigard (LOT) Water Board meeting. She said they received the annual drought report and established a process for developing the amended agreement coming soon, specifically regarding a new decision-making model. Youth Councilor Calderon reiterated that the Youth Advisory Council elected Natalia as their new president,adding that he hopes to work to bring the Council and TYAC closer together. Councilor Anderson reported no updates, as both meetings he had were cancelled last week. He said that the Westside Economic Alliance (WEA) housing and Tigard Chamber Board meetings were upcoming. Council President Goodhouse followed up on Councilor Newton's report regarding the LOT Water Board meeting. They discussed a necessary disconnection from Portland Water and said they were looking for new options for another emergency connection down the road. Mayor Snider asked why they were disconnected from Portland and Councilor Newton said Portland has vacated the connection and it won't be available any longer. Council President Goodhouse said it was sudden and they're working to get an emergency back-up TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 13 source. Council President Goodhouse said that he had his last class with Leadership Tigard as well as a call with the National League of Cities that discussed COVID and non-profits, including how to raise money and on addressing mental health needs. He said that the annual Relay for Life was virtual this year with over 100,000 participants.The ownCenter Advisory Commission (ICAC) had a community visioning workshop with an in depth look at how Downtown Tigard will look in the future, covering a variety of topics. Mayor Snider said he participated in the Mayors calls with Chair Kathryn Harrington. He said that COVID-19 cases are not headed in the right direction. He said he was very concerned about what that was going to mean for the business community, the City itself and local residents. He added that other mayors requested to see the City's revised draft of the Public Safety Transformation Commission and discussed whether something should be organized on a larger,more regional basis. Council President Goodhouse asked the Mayor if he wanted to discuss the Metro open forum on their upcoming transportation measure. Mayor Snider said that the Metro Council has decided they want to fund the transportation measure through a payroll tax, making businesses concerned. Council President Goodhouse said that citizens did not want vehicle registration,which led them to the payroll tax method. Councilor Anderson pointed out that the payroll tax would not take effect until January 2022, to give businesses a break regarding the COVID pandemic. He said the item would go to a vote on Thursday. 2. BUSINESS MEETING A. At 7:30 p.m.,Mayor Snider called the City Council meeting to order. B. Mayor Snider asked Deputy Recorder Patton to call the roll. Present Absent Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ C. Mayor Snider asked everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 3. PUBLIC COMMENT Mayor Snider announced that written public comments were due by 4:30 p.m. and call in questions will be taken via telephone for agenda item (4) QUASI-JUDICIAL PUBLIC HEARING: BULL MOUNTAIN SUMMIT ANNEXATION by calling 503-966-4101 from 7:30 p.m. to 7:45 p.m.The public may call in now to get in the queue for comment on any non- agenda items. TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 13 A. Follow up to Previous Public Comment City Manager Wine updated the Council regarding the Ascension Drive situation and request from Mr. Bryan Wolf. She said she hopes those following will know that the City Engineer Lori Faha is developing a comprehensive response to be posted about the City's process on the Tigard Engage website. They have created the website to accept comments from neighbors through the end of the month, and the changes will only be implemented once those comments have been received. Council President Goodhouse said that a letter went out regarding a proposed solution to the neighbors without being posted on the website and before being discussed with Council. He asked why a proposed solution was developed before accepting comments from the public and why the Council was not involved. City Manager Wine said she was unsure of the order of events, but that a memo from City Engineer Lori Faha was provided to the Mayor and Council and followed-up in Administrative Reports. Implementation will not move forward until the engagement period is complete. Council President Goodhouse asked if the proposal was sent out to citizens and City Manager Wine confirmed. He said he thought it would come to Council before it went to citizens. Mayor Snider clarified that it sounds like it did come to Council in a briefing memo before going out to citizens and City Manager Wine confirmed that was the case. B. Update from Chief McAlpine Police Chief McAlpine showed Council the June Strategic Dashboard (included as part of the meeting packet) and said she would like to highlight that assaults increased by 64% for the month of June. She explained there were five aggravated assaults and a homeless male at the BottleDrop location.Most of the other assaults were in the mental health category. Chief McAlpine also highlighted the online crime report line item,which is new as of June 2020. They hope this online reporting ability will help free up police officers'time. Police Chief McAlpine stated that under photo enforcement, there is a new line item for speed enforcement data. She said that they cannot provide reports on the percentage of Tigard residents versus non-Tigard residents as easily, so she plans to run this report on a quarterly basis for Council. She added that the Police dashboard will now be publicly available on the Police website and the community page. She said there is now a Tigard Police call log listed on the City's website, making it fully available to the public and media for reproduction. Chief McAlpine said that the community is often interested in the annual fireworks report and that this year was very similar to last year. The department had a dedicated enforcement team this year and peak report times did come earlier in the evening around 9 to 10 p.m. Chief said they have not met their goal,but that the incidents did not rise significantly,partly due to the COVID pandemic. Mayor Snider said that in 2019, there was not a local fireworks show either. He said there are clearly more complaint calls on the years when a local fireworks show does not occur. Chief McAlpine agreed that did seem evident in the data from 2017 through 2020. She plans to bring more detailed data to the Council in July. Councilor Newton asked Chief to describe the kinds of things residents may use the online crime reporting system on the Police website for. Chief McAlpine said it is typically used for TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 13 crimes with no suspect information, such as simple property crimes,where someone is requesting a report for insurance purposes for example. There is a complete list of what you can report on the website. Councilor Lueb asked if the fireworks data was just from the night of July 4th or for the entire week, since she found that fireworks were active all week. Chief McAlpine said the data was specific to the holiday,but she would be happy to expand the data collection for next year. Councilor Lueb said she was just curious if fireworks calls were higher over the entire week and Chief McAlpine said not from a police perspective. C. Tigard Area Chamber Update Jessica Love provided Council an update on Leadership Tigard Class of 2020 who held their last class and will be graduating July 29th. Their class project was a playground for Family Promise of Tualatin Valley. Ms. Love explained that the Washington County business recovery center is now open at the Tualatin Chamber of Commerce, and chambers across the state are lobbying for liability relief from COVID-19. The Chamber has three new board members from Burgerville,Washington Square and the Tigard-Tualatin School District. She reported that Tigard Shining Stars will be virtual in early fall with a special award ceremony for scholarship recipients. The Tigard Farmers'Market has reached capacity and now looking at how to grow the footprint of the market. Beginning on Sunday, all patrons will be required to wear a mask while they shop. Councilor Newton asked Ms. Love about the business recovery center and whether the services were accessed virtual or in person. Ms. Love said they are providing services through virtual consultations and in person outreach with COVID precautions. Mayor Snider thanked Love for her updates. D. Public Comment 1. Written Comments a. Bryan Wolf—Ascension Drive Parking b. Russell Glynn—City Action on Racial Injustice 2. Phone-In Comments Mayor Snider announced all written public comments were due by 4:30 p.m. Call in questions will be accepted by calling 503-966-4101. a. Bryan Wolf, 13075 SW Ascension Drive,Tigard Mr. Wolf said he wanted to augment comments made earlier and correct the record. First, he stated there was an implication the City has not made a decision yet,but the City tried to make a decision three times,beginning in April. He said the City's citizen outreach is perfunctory and the City has been sending out staff and crew to implement the changes. Mr.Wolf said he believed delays are due strictly to City Council intervention and that none of the commitments from the June 9th meeting have been fulfilled. He added that he has lived in Tigard for 22 years and expects more from elected and hired officials. Mayor Snider said he would appreciate direct feedback on what the Council could have done to help prevent this situation. He clarified that Mr. Wolf s comments reflect what the Council collectively understands, but that he believes it is important TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 for the public to know that there were community meetings prior to the June 30th communications. Council President Goodhouse reiterated that he thought there would be more of a process, that a sign would be erected before the communications went out so there was not a perception a decision had already been made. He said one thing was said but another thing happened, and he believed that causes mistrust. Mayor Snider followed up to add it was about more than the appearance of listening to citizens, but actually incorporating their comments into City decisions. Councilor Newton clarified that staff have posted a proposal and are seeking further feedback currently through the Engage Tigard website. Councilor Lueb said that was also her assumption and that she wants the residents to feel heard. City Manager Wine said she did not have anything to add. She said staff could resend Council the detailed process outline staff prepared. She said she is sympathetic that it may seem that staff have decided something,but she can assure them that staff have made a diligent effort to listen to concerns and explain why they reached the conclusions they did initially. She said staff are soliciting further comment and feedback from neighbors for the entire month of July. City Manager Wine said she apologized if the Council thought this was a decision they would be making,but that this is under the purview of the City Engineer. She said she appreciates all the feedback they've received, and staff will continue to be responsive. b. Kate Rogers Ms. Rogers explained she is the current Chair of the TCAC (Town Center Advisory Commission) and sat on the Advisory Committee for the Senior Housing Project alongside the Senior Center. She said affordable senior housing is a critical need in the community and she supports the development of the property. Ms. Rogers explained she was happy with the selection of NW Housing Alternatives since they have the appropriate experience. The Advisory Committee were able to provide robust feedback and develop several design revisions to better accommodate critical needs. She said she is in favor of moving the Senior Housing Project forward. c. Faez Soud Mr. Soud said he was a member of the Town Center Advisory Commission (ICAC) and also sat on the committee for the Senior Housing Project alongside the Senior Center Project Committee. He is in support of the project moving forward. Tigard needs additional affordable housing for vulnerable populations like the elderly, and this is an ideal location next to services and recreation. Mr. Soud said affordable housing should be distributed across the City and not segregated from other housing. He thanked City staff for their work on this project and collaboration with other entities. 4. QUASI JUDICIAL PUBLIC HEARING: BULL MOUNTAIN SUMMIT ANNEXATION (ZCA 2020-00001) TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 13 A. Mayor Snider opened the public hearing. B. Hearing Procedures—City Attorney Rihala read the hearing procedures. Specifically, Council's decision must be based on the following substantive criteria: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goals 1, 11, 12, and 14;Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222. C. Mayor Snider asked if any member of Council has a conflict of interest. There were none. D. Mayor Snider asked if any member of Council has had any ex parte contact. There were none. F. Assistant Planner Smith stated that the proposed annexation is for two properties on the north side of SW Bull Mountain Road into Tigard.Although the current applicant is not proposing any new development at this time, they plan to submit a subdivision application if the annexation is successful. Annexation is required since the property will connect to the City's sewer. Smith said that the proposed annexation meets all applicable criteria. At a June 15, 2020 public hearing,the Planning Commission unanimously recommended approval to City Council. Mayor Snider asked if there were any questions for staff. There were none. G. Response to testimony by staff—None. Mayor Snider asked staff if there was any written or phone-in comment received on this agenda item. There was none. H. Mayor Snider closed the public hearing. I. Council Discussion and Consideration: Ordinance No. 20-07 Council President Goodhouse made a motion to approve Ordinance No. 20-07. Councilor Newton seconded. Mayor Snider asked the Deputy Recorder to read the number and title of the resolution. Ordinance No. 20-07 -AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 1.8 ACRES AND ONE-HALF OF THE ADJOINING SW BULL MOUNTAIN ROAD RIGHT-OF-WAY,APPROVING THE BULL MOUNTAIN SUMMIT ANNEXATION (ZCA2020-00001),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT,WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT Mayor Snider asked the Deputy Recorder to conduct a roll call vote. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 13 The motion passed unanimously. 5. UPDATE ON SENIOR HOUSING ALONGSIDE THE TIGARD SENIOR CENTER PROJECT Redevelopment Project Manager Farrelly introduced Destin Ferdun,Director of Housing Development for Northwest Housing Alternatives (NHA) for an update on the Senior Housing alongside the Senior Center Project. He said the City started working with NHA about a year ago after a competitive process. They have since been working with an advisory committee that has met 5 times. They were about to begin the next phase of the project,public engagement,when the COVID-19 pandemic began, so they have had to recalibrate their plans. Staff have sent a mailer with postage-paid postcards to solicit feedback from neighbors as well as holding an open house webinar via Zoom on June 25th. Mr. Farrelly showed Council the basic site plan and said he wanted to address why they had chosen that site. He explained it is very close to the Tigard Public Library, Fanno Creek Park and Trail as well as the walkable downtown core. Locating it next to the Senior Center also allows for opportunities to partner in connecting residents with services. The City will lease the property at no cost, making rent lower for residents. The project will allow seniors to age in place in Tigard,while also seeking to correct inequities in City's past housing policies. Destin Ferdun said he was excited about the project and the opportunity to improve the site. They are proposing 57 one-bedroom affordable apartments at the site,with residency restricted to seniors age 62 and older that fit certain income requirements. He described the proposed income requirements under potential funding sources and mentioned a certain number of apartments would be reserved for veterans. Every apartment will be fully accessible. Mr. Ferdun said the site plan will improve the outdoor area, add a computer center, on-site laundry and activity space. He acknowledged parking at the location is a concern. There will be a parking management plan developed with managed parking spaces and a monitoring system. He emphasized that the parking is only a major issue between 9 a.m. and 2 p.m., and that residents will be encouraged not to own a car due to the available amenities nearby. Ferdun explained that if they are successful in receiving funding through the Metro bond they will move forward with the Disposition and Development Agreement (DDA). After that they would move to 90% designs and obtaining permits,with construction beginning in about 12 months. They anticipate construction would last 12 to 14 months. Mayor Snider asked Redevelopment Manager Farrelly to explain the purpose of the briefing tonight and whether there are questions for Council. Mr. Farrelly clarified it was strictly informational since the last formal briefing occurred in February. He said there would be a DDA and lease coming before the Council in the future, depending on the outcome of their funding application.There is no official action requested at this time. Mayor Snider asked if they could comment on the members of the public who have reached out to Council with their concerns regarding the project. Mr. Farrelly reported that there have been a lot of questions, but staff have worked to be responsive. Staff have been posting all questions and answers on the Tigard Engage website as they are received so other members of the public TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 13 can benefit from those responses as well. Mr. Ferdun added that he had met with a group of neighbors recently and there continues to be concerns that the team will need to continue to hear and attempt to address and adapt. He encouraged the public to visit the Tigard Engage website if they had other questions or concerns. Councilor Newton thanked them for their presentation and said she appreciated the pivot in communications. She emphasized that once funding is secured and an application submitted, the public will have the opportunity to review and comment on a completed site plan. She said she thinks there are residents who will benefit from this project,like her mother who has already passed. Youth Councilor Calderon said he also sees the need for the project and hopes this will address some of the problems facing the senior center when it comes to accessing the facility and its services. Councilor Lueb echoed earlier comments and thinks it is a cool project for an important demographic. She acknowledged the citizen engagement has been difficult and she appreciated staffs work on addressing those comments. Councilor Anderson agreed it was a great project and thinks the key is the synergy with the senior center. He asked Mr. Ferdun if there would be any impact on Church parking under the current configuration. Mr. Ferdun answered no. Councilor Anderson asked if there would be any changes to the Meals on Wheels traffic flow. Mr. Ferdun said that is their intention,but it is pending the parking management plan. Council President Goodhouse asked if the comments from the public have changed or died down over the course of their engagement. He wondered if the issues have been resolved. Mr. Farrelly said questions have revolved around parking,loss of trees on the property, and a continued belief the site is in the flood plain, although it is not. They have also heard concerns about traffic impacts of residents who drive and parking spilling over into the neighborhood. They have had positive conversations with the adjacent Church and about the existing parking agreement with the senior center. Mayor Snider asked if they could condition residency on lacking a vehicle. Mr. Farrelly said he was not sure if that was legally allowed, but that the marketing of the property would emphasize transit and the vanpool, among other transit options. Mayor Snider thanked staff for their report. 6. LEAGUE OF OREGON CITIES LEGISLATIVE AGENDA Senior Management Analyst Hendrix said Council is being asked to identify four priorities for the League of Oregon Cities agenda for the upcoming legislative session. Mayor Snider asked how different the priorities are from the last discussion and said he would be surprised if they are in a different place than the last time they had discussed the topic. TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 13 • Councilor Newton said her top four priorities were COVID-19 economic recovery investments,property tax reform,mental health and digital equity and inclusion. Her fifth choice would have been affordable housing. • Council President Goodhouse said his top priorities were mental health,property tax reform, COVID-19 economic recovery investments and infrastructure investments. • Councilor Anderson said his top four priorities were property tax reform, COVID-19 economic recovery investments,broadband infrastructure, and water utility rate assistance. He said he would like to wait on mental health until they know more about the recently passed Metro bond and its proposed wraparound services. • Youth Councilor Calderon said his top four priorities were internet access,mental health, climate change, and COVID-19 economic recovery. • Councilor Lueb said her top four priorities were COVID-19 economic recovery investments, housing, and long-term transportation infrastructure funding. • Mayor Snider said he only had three priorities,which were COVID-19 recovery investments, property tax reform, and mental health. He said there was consensus on property tax reform and COVID-19 economic recovery investments, so those will comprise two of the Council's four priorities. Mayor Snider said four out of six Council members prioritized mental health and asked if that should be the third priority and Council agreed. Other priorities mentioned are housing, digital equity and inclusion,infrastructure financing, water utility rate,broadband infrastructure,long term transportation infrastructure, and climate change.There was discussion regarding the fourth priority. Councilor Lueb proposed housing be the last priority and Mayor Snider asked if Council could agree. Councilor Anderson and Council President Goodhouse said they felt the Metro housing bond would address housing. Council President Goodhouse stated he thought infrastructure should be included. Mayor Snider proposed sending five priorities,including housing and services investment and infrastructure funding and resilience. The Council agreed. 7. DISCUSS RACIAL JUSTICE AND CITY ACTION City Manager Wine said this is a standing agenda item for Council,who she believed wished to discuss the current draft of the Racial Justice and City Action Plan proposal. Mayor Snider said he was prepared to take comments and would like to give the Police Chief and City Attorney the opportunity to speak on the comments and feedback they provided. Those and suggestions from the Tigard Police Officers Association (TPOA) were incorporated into the current draft. Chief McAlpine thanked the Mayor for the opportunity to have a robust conversation with her regarding her input. She highlighted that the national narrative has shocked the country and is a very important conversation. She would like to remind everyone that across the country,laws and policing are different and they should recognize not all narratives reflect the reality in Tigard policing. She asked they add two Councilors to the list of members, as well as representative members of the LGBTQ and religious communities in Tigard. Mayor Snider said they would try to incorporate this feedback, although the size of the commission was getting large. City Attorney Rihala reflected on her conversation with the police analyst hired to staff the City of Eugene commission,which was established in the late 1990s. She emphasized that they TIGARD CITY COUNCIL MEETING MINUTES -July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 13 created their commission in response to longstanding policing issues and community mistrust, which is significantly different than the conditions than here in Tigard. She encouraged Council to consider conditions in Tigard as they draft this proposal. Mayor Snider provided an overview of the comments from the TPOA. He stated the group would like issues to be discussed in four categories: (1) items not practiced at the Tigard Police Department; (2) items beyond the scope of change due to state or federal law; (3) items already being changed at the state or federal level; (4) items Tigard police can affect change on. They expressed concern that under the current draft, the public may get the impression the issues they plan to discuss at the commission are related to current practices at the Tigard Police Department when they are not. Council President Goodhouse said that he would change the third bullet under background, striking the second half of the statement. Mayor Snider said they would need to ensure the statement is still factually true regarding the challenge he issued. Council President Goodhouse also noted that"stop making traffic stops for violations" seemed like a radical change in policing. He was curious where the Police Association fell on that item but felt it should be removed. Mayor Snider said that this statement may need to be reframed,but the issue they are trying to get at is getting sworn police officers out of dangerous circumstances that they do not need to be involved in. He asked if they even needed to have the traffic stop encounter when it could be accomplished in other ways. Chief McAlpine said that from a practical point of view, the primary concern of residents is traffic and enforcement is necessary. She said she would be concerned if they went down that road. Mayor Snider said he would like to clarify that it was not a question of enforcing traffic laws,but how they accomplish that. He said the text may not be communicating that well and the intent is to change how that enforcement is done. Councilor Lueb recalled an instance when she was in high school and was pulled over. She felt the interaction she had with the officer was more impactful than just receiving a citation. Council President Goodhouse said he agreed that an automated citation does not really replace the impacts of an interaction. He recognizes there may be a paradigm shift occurring and they could look into ways to do things differently as well. Councilor Lueb clarified that she was in support of having the conversation,but she thinks rewriting the question would better describe the issue. Mayor Snider said the word violation was purposefully chosen and does not include investigating a traffic crime, such as a DUI (driving under the influence). Youth Councilor Calderon said that he would caution against using the words "white man." He said he felt the commission's membership is diverse,but he would like to expand the number of community members to include representation for the LGBTQ+ and faith-based communities in Tigard. Mayor Snider asked if Calderon wanted to add the new two representatives in addition to increasing the number of community members on the commission. Youth Councilor Calderon said that he would just like the added representation and the number of members would not necessarily have to increase. TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 13 Councilor Anderson said he was under the impression this would be a temporary commission but that it sounds like the proposal envisions a permanent board. Mayor Snider said he was not proposing the commission be permanent but that they could revise the proposal. Councilor Anderson said he thought they could add additional community members,up to 15 members total, since not all members would be able to attend every meeting. He said he was impressed with the document and was glad other groups got to weigh in. Councilor Lueb said she supported LGBTQ+ and faith-based members on the commission. She thinks the business community is not being represented on the commission and proposed adding a Tigard Area Chamber of Commerce designee. She also said that given the unknowns regarding the student resource officer (SRO), they do not have enough representation for students, from both public and private schools, since the issue directly impacts them. She added that she thinks the City should reevaluate the usefulness of Peer Court and potentially restoring the program. Mayor Snider said that they need to add information regarding the SRO process currently underway within the Tigard-Tualatin School District and asked City Manager Wine to draft that language. Councilor Newton said more representation is better, but that they should be careful about adding too many members. Mayor Snider asked what she thought about 15 members and Councilor Newton said she thought that would be an upper limit. She reflected that the issue of traffic stops should be better described to include officer safety considerations. She said the community should have the chance to hear about the City's contract with TriMet to better understand that relationship. Councilor Newton said Peer Court may also need to be expanded and that would be another important area for the commission to discuss. Mayor Snider asked if the Council was comfortable with pushing the current draft with edits out to the public at this time or whether more edits were required. Council President Goodhouse said he wondered if they should categorize what can be done at each level of government (local, state,government). This would be a good way to explain why the City cannot act on each of the areas of concern. Mayor Snider said he was concerned that categorizing the issues may limit dialogue on issues that the City cannot change. There was further discussion regarding the levels of government and how to address those in the proposal document. City Attorney Rihala reflected that education on these issues will be critical to understanding for the commission members and the public. She said they would need to provide this important context to the commission before engaging in deeper discussion. Chief McAlpine said providing an overview of the roles should be useful and not stifle dialogue. Mayor Snider asked if they thought the information needed to be added to the draft proposal and Chief McAlpine said she would be happy to develop that material. Mayor Snider reviewed the statement in the draft proposal including the "white male" comparison and said they could remove that reference but that it would water down the statement. There was further discussion and Youth Councilor Calderon suggested they add "to be equal to all other members of the community"in the place of the "white male" reference. The Council agreed. TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 13 Mayor Snider asked staff and Councilor Lueb to send their additional content as soon as possible in order to have it posted on the website by Friday. 8. NON-AGENDA ITEMS 9. ADMINISTRATIVE REPORT City Manager Wine said her only administrative report was to inform Council of distribution funding from Washington County for District 3.The City is part of a group recommending to the County funding should be spent in District 3. She said they are generating ideas about how those funds should be spent and encourage members of Council to reach out to her with those ideas. The purpose of funding is to build mental health and rebuild the community psyche. 10. EXECUTIVE SESSION—None. 11. ADJOURNMENT At 9:46 p.m., Councilor Lueb made a motion to adjourn. Councilor Newton seconded the motion. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed unanimously. �*O'A Caroline Patton,Dept e City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —July 14, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 13