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City Council Minutes - 08/25/2020 City of Tim Tigard City Council Meeting Minutes TtGARD August 25, 2020 6:30 P.M. STUDY SESSION A. EXECUTIVE SESSION Mayor Snider announced that the Tigard City Council will go into Executive Session to consider the employment of a public officer, employee, staff member or individual agent 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. STUDY SESSION (Continued) B. COUNCIL LIAISON REPORTS Mayor Snider announced they were reconvening from an Executive Session for Council Liaison Reports. • Councilor Anderson had not had any meetings since the last report, but has a Planning Commission meeting coming up later in the week. • Councilor Newton attended a Washington County CDBG Consortium's Policy Advisory Board (PAB) meeting,wrapping up the last cycle of Community Development Block Grants (CDBG) in preparation for beginning the next grant cycle. She missed the most recent Tigard Youth Advisory Council (TYAC) meeting. • Youth Councilor Calderon reported on the TYAC, saying the group is updating their website on the city's page.They plan to help with the Universal Plaza design,write letters to senior citizens and launch a student-to-student tutoring program. • Council President Goodhouse attended the National League of Cities (NLC) equitable solutions conference with breakout sessions on topics such as the public safety transformation commission and how they are being handled in other cities around the country. Council President Goodhouse discussed changes to the city's contracting processes he was proposing with staff. Finally,he reported the Town Center Advisory Commission (ICAC) and Tigard Transportation Advisory Committee (TTAC) had both sent or were preparing to send letters to TriMet and Metro expressing frustrations with the Hall Station related to the SW Corridor project. • Councilor Lueb said she had not had any board or commission meetings, but last week she and Councilor Newton met with TriMet regarding concerns about the Hall Street Station, accompanied by Metro Councilor Dirksen. She said they are aware of concerns and Councilor Newton added that TriMet plans to address them before they present the Final Conceptual Design Report (CDR) before Council in September. TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 7 • Mayor Snider commented on the current state of COVID-19 response in light of the Governor's most recent briefing to local mayors. He asked Council if they wanted to take a more aggressive approach on mandating mask-wearing within the city. o Councilor Newton said this issue had come up on a recent League of Oregon Cities (LOC) call and she thought messaging about mask-wearing was an important component of reducing transmission rates. She said she was in favor of increased messaging around mask-wearing to help increase compliance. o Mayor Snider raised the possibility of city staff handing out masks to increase compliance. He said she did not believe the city had any resources to commit to greater enforcement but was interested in what other Council members thought. o Youth Councilor Calderon agreed the public is becoming more relaxed in abiding by the mask mandate. He supported increased city messaging to promote compliance with mask-wearing guidance. o Council President Goodhouse liked the idea of field staff handing out masks but was curious whether there was a budget for that expense. o Councilor Lueb said she supported stronger messaging since everyone has mask fatigue. She was cautious about having city staff handing out masks in case of potential conflict. o Councilor Newton supported Councilor Lueb's statements. She said she would like to have masks available to staff to hand out,without requiring staff to intervene. o Councilor Anderson suggested a free mask giveaway for residents that may not have masks. o Councilor Newton felt that people have masks but are not wearing them due to mask fatigue. She supported stronger messaging and for city staff and officials to promote mask-wearing where possible. o Council President Goodhouse proposed a free mask station at city parks and create additional signage to serve as reminders. o Councilor Lueb confirmed there is additional signage in the parks currently, and residents have been requesting even more. She said she has reported a lot of vandalism of the signs at Cook Park, so staff are having to replace them frequently. City Manager Wine confirmed these conversations were similar to ongoing discussions within the City's Leadership Team. Ideas that have been offered have been recorded and staff will take them under advisement.As mentioned in the discussion,many of these measures have already implemented and efforts are ongoing. Mayor Snider asked City Attorney Rihala how quickly the Council could pass an ordinance to make breaking the mask mandate a civil violation. City Attorney Rihala said there is a rule in place that allows the city to put restrictions on conduct on city property and they could update that rule. Mayor Snider said this particular ordinance would be broader to apply to the entire city. City Attorney Rihala clarified a city ordinance would only apply to any City-owned property. Mayor Snider asked if they had the authority to extend an ordinance citywide and cited the City of Bend as an example of a municipality that had taken this step. City Attorney Rihala said she was not familiar with the specifics of the Bend ordinance,but a city cannot regulate businesses different than the state. City Manager Wine raised the matter of enforcing such an ordinance, saying it could be problematic. TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 7 7:30 PM 1. BUSINESS MEETING A. Mayor Snider called the City Council and Local Contract Review Board meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC COMMENT Mayor Snider announced that written public comment was due by 4:30 p.m. and call in questions will be taken via telephone for agenda item 3.C. Phone-In Public Comment. The public may now get in the queue by calling 503-966-4101. A. Follow up to Previous Public Comment—None. B. Summary of Written Public Comment • John Liljegren provided comments regarding the Public Safety Transformation Commission. • Michael Brewin submitted comments regarding the Public Safety Transformation Commission. C. Phone-in Public Comment—None. 3. CONSENT AGENDA: The Mayor announced that the Consent Agenda is used for routine items including receipt of council meeting calendars, 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. A. APPROVE CITY COUNCIL MINUTES: • May 19,2020 • May 21, 2020 TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 7 • 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 Councilor Newton made a motion to approve the Consent Agenda. Councilor Lueb seconded. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed unanimously. 4. RECEIVE PUBLIC SAFETY TRANSFORMATION COMMISSION UPDATE AND DISCUSS NEXT STEPS City Manager Wine introduced the updated proposal to create a Public Safety Transformation Commission. Staff have revised the proposal since Council's discussion at the August 11`s Business Meeting based on comments from Council, the Committee for Community Engagement (CCE), the Tigard Police Officers'Association (TPOA) as well as feedback from the public. She explained the Council may want to make additional changes based on feedback received since that meeting and based upon their discussion this evening. Mayor Snider suggested Council begin with a review of the proposal document itself. Councilor Newton asked about a reference to an attachment under the definitions. City Manager Wine explained it was intended to be a hyperlink to a RacialEquityTools.org page on defining these terms. She said it would appear in the final. The purpose of linking this tool is to allow the Commission to develop their own working definitions of the terms at issue. Councilor Lueb was wondering about the added section regarding the reference to the police budget and the "defund the police" narrative. She said she was concerned since the community was supportive of funding police and the signal it sends as a topic area. Mayor Snider asked where that came from and Councilor Lueb moved to strike the reference. City Attorney Rihala explained that the police budget was a topic raised by Council and the "defund the police" narrative language was pulled from the Reimagine Oregon website as an item on a list of potential discussion topics. Mayor Snider proposed changing the language of this topic area to remove the reference to "defund the police" and better reflect the discussion the Council intends the Commission to have. TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 7 Council President Goodhouse asked if any other items had been added to the proposal by staff. City Attorney Rihala said the last item was on the list was also from the Reimagine Oregon website,which is a reference to ensure all personnel are complying with sanctuary laws regarding Immigration and Customs Enforcement (ICE). Mayor Snider proposed changing the language to ensuring personnel is following Tigard Police policy, avoiding a discussion of immigration and ICE. Councilor Newton said she has no interest in defunding the police and her understanding was they were trying to reflect the topic areas received in feedback from the public. She questioned adding any items to the topic area list. Mayor Snider concurred that the community would not be interested in defunding the police and he disagreed with the wording of the topic regarding ICE. Councilor Newton said if they were to include those topics it should be listed separately, be more clearly stated where they are derived from and leave it up to the Commission whether to take them up for discussion. Mayor Snider asked if the Council supported putting those two topic items in a separate list. Council President Goodhouse proposed removing the reference to defunding the police and Mayor Snider said he thought they had already reached consensus on that point. There was further discussion regarding the proposal. Mayor Snider proposed (1) removing the entire section on the police budget line and "defending the police," and (2) changing the wording of the second topic area at issue to reflect adherence to the welcoming cities policy (instead of sanctuary laws and ICE) and leave it where it is currently located in the document at the end of other societal considerations. Council expressed no objections and approved by a show of thumbs. Mayor Snider said he wanted to move on to whether the document is ready for approval and introduced the topic of how the Commission is structured. He said specifically the TPOA was concerned that it would not be a decision-making body and instead be an advisory body. He asked the other Council members for their thoughts on the structure of the body. • Youth Councilor Calderon said he thought the proposal was strong once the reference to "defunding the police"was removed. • Councilor Newton raised the issue of the name,Transformation Commission, and whether the body being formed here would be a true commission with statutory authority. She thought Public Safety Advisory Board would be a more appropriate title for the body. She also suggested separating the topic areas by what is actionable by the city, the state or federal government, as well as contractual considerations. • There was robust discussion regarding what defines consensus and the current structure described within the draft proposal. • Council President Goodhouse said he would like to see it more as an advisory than a staff-level decision-making body. • Councilor Lueb pointed out that the kinds of decisions that would be considered by the advisory board would not be coming before the Council regardless since they are staff- level decisions. • Councilor Anderson said he thought it was an advisory board and the wording of the proposal could be used either way. TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 7 • Mayor Snider said that criticism he's heard is that they would be watering down the mission of the body by leaving it up to the discretion of the City Manager. He clarified that the difference is the city's commitment to implementing the decisions made by the body, since as a commission their decisions would be binding and as an advisory body their decisions would be advisory, that is up to the discretion of the City Manager and other senior leadership. He said this would constitute a major change to the approach of establishing this body. • There was further discussion regarding the structure and potential compromises, including requiring Council consideration of all action items. • City Manager Wine added that part of the consensus definition includes participation of both the Police Chief and City Attorney, so presumably any actions that have consensus within the body would have the support of senior leadership. • Councilor Newton said that she had remaining concerns about the city failing to implement any actions by this new body. • Councilor Lueb suggested that Council approval would be a way to ensure continued Council involvement and awareness. Council President Goodhouse and Youth Councilor Calderon concurred with the proposal that every item come before Council. • All Council members supported the proposal through a show of thumbs with all in favor. Council then discussed the name of the body given this structural change to the proposal. Councilor Newton proposed the Public Safety Advisory Board. All Council members supported the proposal through a show of thumbs with all in favor. Mayor Snider asked if Council supported the proposed changes from Councilor Newton regarding reorganizing the topic list to separate items under federal, state and city control. All Council members supported the proposal through a show of thumbs with all in favor. Councilor Newton mentioned vetting the topic areas more and refining information provided to the advisory board before they begin to meet. Police Chief McAlpine agreed there would be an educational component for members of the advisory board. Police Chief McAlpine expressed remaining concerns that every decision will be forwarded to Council for input and review. Councilor Newton explained she felt it was better than requiring every decision of the body be implemented. Mayor Snider agreed it was a balance in how to design the body to make it work well. City Manager Wine summarized that staff would bring a new draft of the proposal forward at the next Council meeting for final adoption.There was discussion about the impact to the body's timeline, especially for recruiting members. Council members agreed that they would hold a meeting next week to adopt the final proposal. 5. NON-AGENDA ITEMS 6. ADMINISTRATIVE REPORT City Manager Wine provided an administrative report,including these updates: TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 7 • The SW Corridor Project has reached 30 percent design level, • The City Hall remodel is nearing its conclusion, • Internal survey of city staff related to COVID-19 received 224 survey responses out of 330 staff members, • The deadline to file for City Council has passed and there are seven qualified candidates, and • Council will film short thank you videos for those volunteering on the Universal Plaza Project. 7. EXECUTIVE SESSION—None. 8. ADJOURNMENT At 8:44 p.m., Councilor Lueb made a motion to adjourn. Councilor Newton seconded. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed unanimously. 0,t 0 Oi LV Caroline Patton,Depu ity ecorder Attest: <�' !::s Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —August 25, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7