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City Council Minutes - 07/07/2020 City o,f Tigard City Council Business Meeting Minutes July 7, 2020 1. BUSINESS MEETING A. At 6:30 p.m.Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ Councilor Newton ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance at home. A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items—None 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—None. B. Public Comment—Written Mayor Snider summarized the 7 public comments received by the 4:30 p.m. deadline. Councilor Newton noted there were two requests to make mask wearing voluntary, and she remembered that the city can be more stringent. City Attorney Rihala confirmed that as a public place,the city must comply with the Governor's orders and can be more stringent, but not less so. Staff has stricter mask wearing requirements and for public places mask wearing is mandatory. 1. Ruppert Reinstadler—Statement that systemic racism does not exist 2. Ms. Perry—Illegal Fireworks,fireworks in general 3. William Lewis—Fireworks 4. Cherokee Schill—More testing needed for COVID-19 5. Fioktista D'Souza—Make wearing of masks voluntary,not mandatory 6. Jennifer N.Arns—Make wearing of masks voluntary,not mandatory 7. Brian Murray—Lowe's manager not wearing a mask TIGARD CITY COUNCIL MEETING MINUTES-July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 10 C. Public Comment—Phone-In—None. 3. CONSENT AGENDA (Tigard City Council): A. CONSIDER CONTRACT AWARD FOR COOK PARK ARTIFICIAL TURF INFIELD PURCHASE AND INSTALLATION Councilor Lueb commented that she was very excited about this project and noted that the Tigard Little League had done a lot to advocate for it. She mentioned benefits such as the environment that the kids will get to play on and the potential for hosting tournaments. Councilor Lueb moved to approve the consent agenda. Councilor Anderson seconded the motion. Mayor Snider asked City Recorder Krager to conduct a roll call vote and the motion passed unanimously. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 4. CONSIDER RESOLUTION APPOINTING TIGARD LIBRARY BOARD MEMBER AND ALTERNATE. Library Director Bernard gave the staff report. Due expiring terms, the Library went through a recruitment process for the appointment of new members. She and Councilor Lueb participated in virtual interviews of four candidates on May 28.They were very impressed with the level of engagement and enthusiasm and are very appreciative of how invested the Tigard community is in their Library. Jim Ivier was selected as a voting member and Helen Allen was selected as an alternate. Biographies of each member are included in the packet for this meeting. j Mayor Snider thanked them for their interest in serving and said under normal conditions he would be shaking their hands and presenting them with a City of Tigard pin,but under current circumstances he would congratulate them virtually. Councilor Lueb expressed her appreciation for the enthusiasm and perspectives these members bring to the Library Board. She moved to approve Resolution No. 20-39 and Councilor Newton seconded the motion. City Recorder Lager read the number and title of the resolution and conducted a roll call vote. Resolution No. 20-39 -A RESOLUTION APPOINTING JIM IVLER TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS,AND APPOINTING HELEN ALLEN AS AN ALTERNATE FOR A TERM OF TWO YEARS TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 10 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Mayor Snider offered an opportunity for the new members to speak and introduce themselves. Jim Ivler said he was pleased to be a City of Tigard resident and particularly to be a member on the Library Board. Helen Allen thanked Council for the opportunity and said she looked forward to learning more about the Library Board and becoming an active member of the Tigard community. I 5. CONSIDER RESOLUTION APPOINTING A MEMBER TO THE WATER ADVISORY BOARD (WAB) Public Works Executive Manager Goodrich gave the staff report. He said this at-large citizen member position is a new position on a relatively new board.The Water Advisory Board (WAB) replaced the former Intergovernmental Water Board and advises the City Council on significant water service issues. It consists of three governmental board members appointed by their respective jurisdictions (Tigard Water District, City of Durham and City of Tigard),and two at- large members that represent the general interests of the Tigard Water Service Area, one representing Tigard and the other representing the area outside of the city but still within the water service area.The WAB governing members conducted interviews on December 12,2019 for the out-of-city at-large member. A decision was made April 8 to bring on the member for a term ending December 31,2020. After the interviews were held, a decision was made to define the service period from the present to December 31,2021.Marie Walkiewicz, from the High Tor area was selected for appointment. Staff recommends approving a resolution to appoint Ms. Walkiewicz as the at-large,outside the city WAB member. Council Discussion and Consideration: Resolution No. 20-40 Councilor Lueb said she was excited to welcome Ms. Walkiewicz to the WAB as she has extensive knowledge of water facilities and will bring a great perspective to the Board. She noted that there is still another position open for an at-large,within the city member and she encouraged anyone who is interested to apply. Councilor Lueb moved to approve Resolution No. 20-40. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. i Resolution No. 20-40—A RESOLUTION APPOINTING MARIE WALKIEWICZ AS AN AT-LARGE MEMBER OF THE WATER ADVISORY BOARD REPRESENTING THE INTERESTS OUTSIDE OF THE CITY BOUNDARY Marie Walkiewicz attended the meeting virtually and said she appreciated Councilor Lueb's support. She said she is excited to be participating on the Water Advisory Board and support the community in this way. Mayor Snider welcomed her and asked Public Works Executive Manager Goodrich to make sure she gets a City of Tigard pin. TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 6 6. CONSIDER APPROVAL OF A CONTRACT FOR RIVER TERRACE WEST AND ' SOUTH CONCEPT PLANNING Purchasing Manager Moody and Senior Planner Warren presented this agenda item requesting approval for the award of a contract to OTAK for River Terrace West and South Concept Planning in the amount of$499,008. Purchasing Manager Moody said in March the city issued a qualification-based request for proposals. On April 14,four responses were received. Staff reviewed and scored the proposals on the following criteria: Project understanding,approach and interest; consultant team qualifications and organization;consultant team experience with similar projects; and diversity in contracting. Two funis were then asked to submit pricing proposals.The selection committee concluded that OTAK had the highest ranked proposal and was the best qualified to do this work. Senior Planner and Project Manager Warren said the River Terrace West and South Concept Planning Project is an important first step in setting the vision for the two urban reserve areas known regionally as Roy Rogers West and East.This project is timely and aligns with other projects planned for future sewer and transportation infrastructure in the area, as well as concurrent work to develop the community plan for King City West which will rely on critical infrastructure connections to River Terrace South. In addition,it provides the city with an opportunity to become one of the first in the state to plan for a broad diversity of housing options in a large-scale greenfield development, after the passage of HB2001 and HB2003 and the city's own housing options amendments.This opportunity is intricately tied with Tigard and King City's mutual goal to foster a diverse, equitable,walkable and sustainable neighborhoods. This meets Strategic Plan Goal 2 to make sure development meets the vision,and Council Goal 3 to secure outside resources to perform this work.The contract is supported by Metro and the city's contract with Metropolitan Land Group. City staff recently applied for and received a $60,000 grant from the Department of Land Conservation and Development that will cover the costs of the required Housing Needs Analysis that will be performed as part of this project. Councilor Newton said she was concerned that public safety was not identified as part of the analysis and asked when it would be considered. Senior Planner Warren clarified that by public safety Councilor Newton meant fire and police response. She said it is a very large area and she was carious when in the process the provision of these public services would be factored in. Mr. Warren said the concept plan is a very high-level vision document that sets out general land use parameters in accordance with criteria in Metro's Urban Growth Functional Plan. Public safety is not one of the criteria they looked at but as plans get more detailed, staff will consider how fire and police services will be provided. TIGARD CITY COUNCIL MEETING MINUTES —July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 10 Councilor Lueb asked for confirmation the city would not get to the end of the concept plans for River Terrace South and West and find it did not focus on the employment lands. Senior Planner Warren said a market analysis would be done as part of the concept planning process for both residential and commercial uses.This will give a better idea of how many acres of employment land we might be able to include in both South and West River Terrace. He said we can include some supported commercial areas in River Terrace South even as part of the mid- cycle application under Metro's criteria.How much is yet to be determined,as he believes Tigard would be the first city to go through a mid-cycle process. Councilor Anderson said OTAK has an excellent reputation and thought it was a great selection. Councilor Anderson moved to approve the contract for River Terrace West and South Concept Planning. Council President Goodhouse seconded the motion. City Recorder Krager conducted a toll call vote. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Mayor Snider announced that the motion passed unanimously. 7. DISCUSSION ON RACIAL JUSTICE AND CITY ACTION Mayor Snider apologized for his draft not being completed and distributed earlier.Because Council did not have much time to read through it, tonight would be an initial discussion and questions and additional feedback could be considered next week. He noted that the city's Anti- Racism Action Plan will be introduced by City Manager Wine and the Leadership Team tonight. Council also received a copy of the city's communications compilation which totaled almost 450 to 500 comments via phone, email,Facebook events and other opportunities for feedback. Mayor Snider called attention to a few significant changes he agreed to after receiving feedback: • Change 1: In the section on the Transformation Commission (last bullet point) Change language to "5 residents from the community at large,preference to those who can best represent people of color."This was suggested by a representative of the black community. • Change 2: A training title change.The DPSST History of Racism in Oregon training is actually called Police Legitimacy and Procedural Justice training. Council President Goodhouse said he had not had a chance to read through all of the draft today but commented that it seemed to be focused on safety and asked if the focus would expand to other areas too. Mayor Snider directed him to the second paragraph in the background section which calls out that in addition to public safety, similar community input and a draft framework will be needed for all other areas of city operations. TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 10 Councilor Newton thanked the Mayor for taking his time to develop this. She liked the idea of a committee but is concerned that they might get tripped up in the appointment of members and Council needs to make sure that process goes smoothly. She agreed that the topics are the issues the city has heard from the community,but as the commission moves along,they might come up with or hear about others, so some topics might evolve into other areas. She suggested that after having examined the issue,the committee might decide to focus on pulling over people to educate them on cell phone violations instead of having traffic officers conduct traffic stops for minor infractions. Youth Councilor Calderon advised not taking out the requirement for people of color (POC), but to lower it. He said POC will feel more comfortable if they see others on the committee. He asked whether the current year's five members would have autonomy to select those for the next year or would they be chosen by the city.Mayor Snider said the current structure is that the broader group of stakeholder community advisors would select the current commission members. He said that was in response to feedback that a broader group should have influence on who is chosen.Youth Councilor Calderon suggested Council could create a survey to send back to people who send in emails about racial justice. Mayor Snider asked Youth Councilor Calderon to put his suggestions in an email and said he will add this to the commission's work to consider. Councilor Lueb thanked Mayor Snider for sorting through all the comments. She said the document is very detailed and is overwhelming to sift through and pick out big areas for the commission to address. She liked the idea of having them select the items to begin with and have sub-groups work within the commission to make recommendations. She added that this was a lot for one cornrnittee to tackle. She said allowing opportunities for experts to weigh in supports the city's mission to make data-driven decisions. Councilor Lueb suggested having an odd number of members if they are going to be voting. Mayor Snider replied they could debate whether to have an odd number or use a consensus system such as requiring 10 of 12, for example. Councilor Anderson said it was a good start and he had no issues with the commission structure. He added that Council will dig into the proposal more this week and gave kudos to Mayor Snider for compiling the information. Mayor Snider asked if the Council members were fine with him editing the document tonight and getting it out into the community for reaction soon, or did they prefer he wait until next week. Councilors agreed it was a good idea to make it available now. Councilor Newton suggested listing Council's questions for community comment as well. Council President Goodhouse asked what the public input process would look like during commission meetings.Mayor Snider said the purpose of the transformation commission community advisor section on page 2 is to require that they loop back to the broader group of people and listen to their feedback. He did not think it would be functional for the commission to take public testimony at every meeting,but he will add this to the list of things the commission could consider. Youth Councilor Calderon agreed with getting input from the public as soon as possible.He referred to Council President Goodhouse's concern about public input and said all five TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 6 of 10 community members should be conducting regular listening sessions. The Youth City Councilor and Black Student Union President from Tigard High School will also be seeking feedback from students. He felt these listening sessions would cover getting the public input. Mayor Snider asked for staff input on the draft. City Manager Wine noted that people watching this meeting may not know what document is being discussed so she wanted to give some background. She said Mayor Snider put together a proposal for a transformation commission that Council just commented on. She said the community should also know that work has been proceeding on the city's administrative side to become an anti-racist organization and develop an Anti-Racism Action Plan. Given time constraints there would not be a presentation tonight,but Leadership Team members will share later a little about the work they have been doing. She noted that the Leadership Team met today and had some feedback on the proposed commission.They think this approach can be an effective step towards becoming an anti-racist organization if done well. City Manager Wine offered staff feedback in three areas: 1. Have an approach that includes learning about institutional racism. Include what it is and how it presents in Tigard. The city needs informed recommendations on these issues, and it may take time for the commission to become informed. 2. A facilitator will help guide the work.A lot of advice received by the city is coming from those already comfortable with accessing city government through technology. It is inherently inequitable to only respond to feedback in that way. There is a technology divide and the Leadership Team recommends attention be given to avoid preventing participation from those not comfortable with electronically accessing the city. Facilitators can help develop a process to resolve conflict and balance opinion and fact. 3. Focus on things that the City of Tigard actually has the authority to change,such as hiring practices,workforce diversity or requiring police body cameras. She said they were struck by how the focus has been on police services,which is out of balance with other city departments. All city departments are working on ways they think institutional racism might be presenting in the departments and figuring out what needs to change.Their hope is that the Anti-Racism Action Plan encompasses things that can happen across the entire city. She added that the police chief,police union,city attorney and municipal judge will want to offer feedback on the proposal too. Mayor Snider said he recognizes that this is focused primarily on public safety,but that is what almost all the hundreds of public communications were about. There were a few things to think j about more broadly that were not mentioned by the public comments like how our community development policies and plans play into preventing food deserts,for example. He tried to be f thoughtful about including things that the city had in its control,but also thought it important I for this commission to push and explore the grey areas. If 80 percent of a desired outcome is within our control but 20 percent is not,he did not want them to be limited by the 20 percent. Part of this is the community coming to an understanding about what we can and cannot change.He said he wanted to get feedback from other councilors on this. Youth Councilor Calderon commented that the commission should not be limited and should be allowed to openly discuss whatever they want. I TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 10 Councilor Lueb said it is important to have these discussions as a community regardless of whether the city can change it. She said this will help guide the city on advocacy on state of even federal policies. Councilor Anderson thought they can discuss whatever topic that comes up but as an advisory committee they can only bring things forward the city can accomplish. Council President Goodhouse said both areas should be focused on with priority to things the city can do but he noted that the city regularly weighs in on things with the League of Oregon Cities,National League of Cities or state and federal representatives. He suggested letters of support be sent regarding state and federal policies or laws they want to see changed. i Councilor Newton thanked City Manager Wine for her thoughtful comments. She said in terms of topics there is a practical matter that some things are outside of the city's purview and it is important for the commission to know this. If the commission wants to take some of these things on that is their decision but we should educate them on what is in the city's control, so they are mindful about expectations. City Manager Wine said since early June the Leadership Team has been committed to striking a balance between taking action and examining what it is the city can change. She said that staff needs to develop the skills to lead in this area. Although statements have been made to the contrary,the purpose of the Anti-Racism Action Plan is to acknowledge that systemic racism exists,actions we have taken perpetuate it and we need to develop tools to act.We need to look at all city services and the way we interact with the community. Assistant City Manager Nyland said the proposal that the Leadership Team and staff are working on will always be evolving. We are capturing thoughts and possibilities now,but this will be an ongoing conversation. As we proceed with department plans and programs,we hope to always view them through an equity lens.This is a document that we will always return to and constantly update. Finance and Information Services Director LaFrance echoed that one thing the Leadership Team has been doing is striking a balance between learning and action.They recognize that there is more that they don't know than they do know about institutional racism.A major part of the draft Action Plan involves a list of specific actions we feel are things we can do in the near term.We hope to make some progress with those actions at the same time we are learning. Central Services Director Robinson said the public looks at court as being the city's overall judicial system. For her it is important that the city examine how policies and rules impact POC within our community and we are looking at what we have in place to make sure we are not negatively impacting POC. Changes with presumptive fines have already occurred. She said although it seems small and incremental, she reassured Council that court is moving forward. Councilor Newton referred to comments about reviewing services through an equity lens. How is that work moving forward developing that lens for review of services. City Manager Wine said we are in step one,which is figure out what we need to learn.We will not develop an equity tool on our own. She said they will use a facilitator to move through this process. TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 10 Council President Goodhouse said he was glad staff are looking at all parts of the organization and he understands that it is a work in progress. Councilor Anderson said at first blush it is a good document;he was glad Assistant City Manager Nyland mentioned that it is a working document. He said there are regional, county and state changes that will affect this. Housing and economic equity are regional issues but there are things the city can do too. Councilor Lueb echoed what Councilor Newton said.What struck her was that we are engaging someone to help us and won't expect POC to teach us or to solve a problem that was not created by white people. She supports bringing in outside help to help us understand barriers and figuring out if there are community members that we're not reaching. She said it was important to acknowledge that sometimes those writing the policies do not see the roadblocks created by those policies. She applauded the Leadership Team for each of them taking individual responsibility for personal growth and learning opportunities. She said she hoped the Council would be doing this personal work as well. Youth Councilor Calderon said he hoped everyone on the Leadership Team and in the city is reflecting on what we know and what we do not know. He liked that everyone on the Leadership Team specific ideas on how to educate themselves. He noted that watching the 13th documentary that is on his list of things he intends to do too. Mayor Snider asked that as major changes are made to this document,it gets shared with Council. He said presentations were not necessary,but they would appreciate updates. 8. ADMINISTRATIVE REPORT City Manager Wine reviewed the city's approach to the Federal CARES Act,saying a reimbursement from Washington County is coming soon.Tigard's share is $1.5 million which will recapitalize the assistance grant program.There have been several phases of Tigard CARES and we are now in Phase 4 and will be able to extend assistance to minority-owned businesses. The hope is that the city would be disbursing funds to existing,waidisted and new businesses. She asked for Council confirmation on this direction. Council President Goodhouse asked for clarification 0 on eligibility criteria. Economic Development Manager Purdy said in the first round, 38 percent were minority-owned,and staff wants to improve on that percentage. Community Development Director Asher realized we could look at geographic equity and focus on underserved or disadvantaged neighborhoods where there are businesses,because helping them to remain open helps to stabilize neighborhoods. He said the priority is businesses already being funded because this can improve upon the funding.And then we turn to the wait list of 250 firms that have expressed need.And then if there is still funding it will be opened to another round of solicitation. He said we cannot fund everyone. Priorities included firms experiencing a higher impact from COVID- 19,rather than firms just experiencing a slowdown, Council President Goodhouse asked if some of the funding will pay the City back for what it has spent. Mr. Purdy said this $1.6 million is all based on the Washington County contract and will go back into the grant program. $150,000 will be paid as reimbursement and does not have to be granted to small businesses. TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 9 of 10 Councilor Lueb asked if in the next round would grants be higher based on the number of employees. Economic Development Manager Purdy said it was $2,500 for sole proprietors,no storefront; $5,000 for an entrepreneur with a storefront and 1-3 employees and $7,500 for businesses with a storefront and up to 4 employees. He said the crisis continues to unfold and for a lot of people it is hard to feel they can go out and spend money. This will help businesses that are really struggling now. Mayor Snider commented that better advertising efforts need to be made to make sure businesses are not frustrated about lack of clarity about priority or that important minority- owned businesses do not hear about the program.Mr. Purdy replied that was on staff's radar and cautioned that the city was still not going to be able to fund everyone requesting a grant. Councilor Newton appreciated that there is a method in place to get these funds out as quickly as possible. 9. NON-AGENDA ITEMS -None 10. EXECUTIVE SESSION-None scheduled 11. ADJOURNMENT At 8:09 p.m. Councilor Lueb moved for adjournment. Council President Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Carol A. Kragen, City Recon er Attest: Jason B. Snider, Mayor Date: ce`+-� /S� to TIGARD CITY COUNCIL MEETING MINUTES—July 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.dgard-or.gov I Page 10 of 10