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City Council Minutes - 04/13/2021 City of Tigard City Council Business Meeting Minutes ' April 13, 2021 EXECUTIVE SESSION At 6:30 p.m.Mayor Snider announced that the Tigard City Council was entering into Executive Session under ORS 192.660 (2) (e)to discuss real property negotiations.The Executive Session ended at 7:16 p.m. 1. BUSINESS MEETING A. At 7:31 p.m.Mayor Snider called the City Council and Local Contract Review Board meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC COMMENT A. Public Comment—Written:No written comments were received. B. Public Comment—Phone-in: There were none. C. Follow-up to Previous Public Comment—Assistant City Manager Nyland provided follow- up to previous public comments from the April 6,2021 meeting.A concern was expressed about parking on Bull Mountain Road near Elizabeth Price Park and she reported that parking is prohibited on Bull Mountain Road. The other concern was whether there was a group who could pick up litter along Highway 99W.There is no organized group,but she TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov i Page 1 of 11 passed along the name of the constituent to ODOT and passed along information on the Adopt a Highway program to the constituent. D. Update from Police Chief McAlpine—Chief McAlpine reported on a random incident that started with a stabbing in Marion County and led to a car chase and arrest in Tigard. The person parked at Tigard High School and ran into a neighborhood,entering an unsecured home. He did not harm the residents but took a few items and left The canine unit was called in and the suspect was apprehended. She noted an uptick in storage unit burglaries, stolen vehicles,and catalytic converters thefts.Proposed legislation will make it difficult for scrap metal dealers to accept catalytic converters. Calls for service are increasing compared to last year when COVID was emerging. There is a slight increase in red-light camera tickets possibly due to more people going back to work or taking vacations. The city is getting closer to the district integrity goal of an officer in each of the five districts by meeting it 58%of the time in day shift, 74%in swing and 35%on the graveyard shift. Councilor Newton asked for tips people could follow to help prevent thefts from storage units.Chief McAlpine said the Commercial Crimes Unit is working with property owners to be a little more diligent Police have done extensive outreach on catalytic converter theft. Arrests have been made but right now they are just getting cited and released.Councilor Goodhouse said he's heard concerns about cars travelling at high speeds in the area late at night The Chief recommended reporting it on the Tigard Traffic app,which gets monitored. Staffing is getting to the point to allow an evening DUI car starting in July. She noted that there have been street racers in the parking lot by the theater and she will relay Councilor Goodhouse's concerns to the graveyard shift. He asked if there could be a red-light camera at the Gaarde and McDonald intersection. Chief McAlpine said that intersection had been under consideration but was lower on the list. Councilor Shaw commended the Chief on communications to the public about the catalytic converters.Councilor Goodhouse congratulated the Chief on her four-year anniversary at Tigard. E. Tigard High School Envoy Frisiras gave an update on Tigard High events and activities. Hybrid learning starts April 19. Students finished an Amazing Race in April,competing on challenges and services. One team made over 200 cat toys for a shelter and another team Donated 100 items of clothing.They held a Bob Ross painting class.Tigard's first and last football game was held allowing a few spectators,parents and the band to watch Tigard win 47-28.The leadership group served breakfast to teachers and it was great to see them again.Associated Student Body elections will be held in May and she will bring her THS Student Envoy replacement to the May meeting. Council President Lueb commended the students for all they have been through and all the activities they've created to keep connected. F. Tigard Area Chamber of Commerce Community and Membership Engagement Manager Jessica Love reported on Chamber activities.The Leadership Tigard class learned about crisis change and ambiguity which was very impactful.The candidate endorsement committee is interviewing TTSD Board candidates for possible endorsement. Friday,April 30 is the Shining Stars event Dinner and VIP boxes can be reserved.A new program called Tigard Restaurant Month will debut in June and information will be released soon. The first Tigard Farmers Market of the season is just three weeks out It is requested that people wear masks,do not bring extra people with them,and avoid touching things they aren't going to buy.Councilor Newton and Councilor Shaw said they plan to participate in Tigard Restaurant Month each day. TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 11 3. CONSENT AGENDA A. PROCLAIM APRIL AS ARBOR MONTH B. APPROVE CITY COUNCIL MINUTES: December 15,2020 January 5,2021 January 12,2021 January 26,2021 February 16,2021 C. LOCAL CONTRACT REVIEW BOARD:APPROVE CONTRACT AMENDMENT FOR COOK PARK ARTIFICIAL TURF INFIELD INSTALLATION Council President Lueb moved for approval of the Consent Agenda as presented. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 4. PROCLAIM APRIL 19-24,2021 CRIME VICTIMS'RIGHTS WEEK Police Chief McAlpine introduced this item A slide with the artwork for National Crime Victims' Rights Week was shown. Councilor Shaw moved for approval of the proclamation. Councilor Newton seconded the motion.City Recorder Krager conducted a roll call vote.Mayor Snider announced that the proclamation was approved unanimously. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 5. RECEIVE TVF&R STATE OF THE DISTRICT REPORT TVF&R Chief Deric Weiss gave the State of the District report and slide presentation. Looking back to last year he said they launched a COVID-19 task force to make sure personnel were safe and could respond to call after call. Facilities were closed to the public and only 12 out of 600 employees contracted COVID which he felt was doing well for the size of the TIGARD CITY COUNCIL MEETING MINUTES-April 13,2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 11 organization.They had to ask the public for help getting personal protective equipment and were humbled by support from the Tigard-Tualatin School District,Home Depot,and private business owners.They were able to share PPE with other agencies.TVF&R was able to deliver vaccinations and vaccinated other agencies such as Tigard police.He showed a slide of Chief McAlpine receiving her vaccination.He reported that the Chehalem Mountain wildfire was the largest fire in TVF&R history and taxed the organization. There were 5,888 calls for service from Tigard and typically,most were EMS calls. Fire calls were down because people were staying at home.There were also fewer cars on the road and some people were afraid to call emergency services because of potential exposure to COVID. In November TVF&R will be asking voters to approve a bond for fleet and capital improvements including replacement of the training facility. Mayor Snider put in a plug for the TVF&R Bond Measure,mentioning he took EMT classes there 26 years ago and thought the PALS building was old even then.He thanked Chief Weiss for all they've done on the vaccine front. 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TMC 3.24.080- SYSTEM DEVELOPMENT CHARGE (SDC) DEFERRAL REQUESTS A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone by calling 503-966-4101 to get into the queue now. C. Associate Planner Lindor gave the staff report on proposed changes to the Tigard Municipal Code regarding the System Development Charge (SDC) deferral process to allow deferral requests to City Transportation and Parks SDCs to be submitted prior to issuance of building permits or,if no building permit is required upon land use approval. The current code language requires applicants to submit a deferral request no later than at the time of the building permit application,or upon land use approval if no permit is required. It allows the applicant flexibility by allowing them additional time to consider a deferral. Many times applicants are not aware at the time of application whether they are eligible for deferral and do not know what their fees will be. They could also apply credits they received for doing public improvements but those can only be applied when SDCs are deferred. Otherwise,they would receive a credit that could be used at a future date for improvements they may or may not need to do.Developers prefer to use the credits to go towards the fees they are required to pay. Associate Planner Lindor said this change would also save staff time.Currently,if an application has already been submitted for a building permit and they choose to use a deferral process,they must withdraw their existing permit and reapply. They are responsible for covering any previous review fees as well as new ones resulting from the new permit. Staff has to void previous permits,create new ones,and start the review process all over. Staff recommends approval of this change to the Tigard Municipal Code. D. Public Testimony—No written testimony was received,and no one called in. TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov f Page 4 of 11 E. Response to testimony by staff. F. Mayor Snider closed the public hearing. G. Council consideration of Ordinance No.21-09 Mayor Snider clarified with City Attorney Rihala that he may have a potential conflict of interest.He said he and his wife are majority owners of some small developments in process within Tigard and this may require his recusal from deliberations.City Attorney Rihala said because this does not change the amount of SDCs,it would be appropriate to declare a potential,but not an actual,conflict of interest and he may deliberate and vote. Mayor Snider declared that he had a potential conflict of interest. Council President Lueb moved to approve Ordinance No. 21-09. Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. Ordinance No.21-09—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR SUBMITTAL OF DEFERRAL REQUESTS PRIOR TO ISSUANCE OF BUILDING PERMITS AND LAND USE APPROVAL,IF NO BUILDING PERMIT IS REQUIRED Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Ordinance No.21-09 was adopted unanimously and thanked the Community Development team for continually looking for process improvements. 7. PUBLIC HEARING TO CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2021 THIRD QUARTER BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in now to get into the queue by calling 503-966-4101. C. Management Analyst Kang gave the staff report. He had a slide presentation summarizing the items in the FY 2021 third Quarter Budget Supplemental.He highlighted each Department's requests. City Management is requesting to fund facilitation services for the recently created Public Safety Advisory Board. TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 11 Central Services has three requests,all from the Property Management Division. The first is to recognize unexpected COVID-19 expenditures and increase expenditures for facilities projects that will otherwise have to be deferred. The second request is to fund an extension to the DLR Group contract approved by the Council on February 9,2021.The third request is for the Ziply property appraisal and environmental site assessment. Finance and Information Services-In December 2020,Washington County allocated $103,565 in Mental Health&Community Psyche funds with the goal of building public mental health during the pandemic. Funds were used for building community activities,reimagining seasonal celebrations,increasing access to technology and a community art piece. Public Works—is requesting additional Personal Services appropriations for COVID-19 response including overtime,PTO cash-out and a temporary community engagement coordinator. Capital Improvement Plan(CIP)—This request includes additional funding for three projects -Cook Park Softball and Baseball Infield,Red Rock Creek Trail Implementation Plan,and the Public Works Field Staff Work Area and Breakroom,including an ADA height compliant counter window Police—The Police Department has two requests.The first request is for overtime expenses and revenue reimbursement related to several traffic safety grants administered through ODOT. Police Chief McAlpine introduced this second request which is for the body cam/dash cam expansion and Taser upgrade project.She was joined by Traffic Sergeant Leigh Erickson and Police Business Analyst Lisa Shaw. She said Sgt.Erickson recently obtained his advanced Force Science certification,which is an 18-week course of 300 hours. Sergeant Erickson said this is nothing new and is a replacement of items police have been using for years. All sworn staff will wear body-worn cameras. Included are next generation Tasers,modernizing the fleet car dash cameras and modernizing and upgrading the interview recording system. He gave a brief history of the purchase year of each equipment type in use and their current state of technology.There is national interest in the use of body cameras and he has heard there is local support.There is an expectation that the department is collecting and storing the data correctly. He said there is a need for this,and it is important for transparency and use in trials.With the new system,redactions can be automated and streamlined and there is a cloud-based solution for storage. He listed advantages from an IT staff perspective.The Axon citizen program is simple to use and creates a link that can be shared with community members so they can upload electronic data making. All systems are secure and compliant with CJIS requirements.Police staff field tested the new fleet dash cam system for six months. It is easier to use and the image quality is greatly increased. It uploads directly into the cloud so the officer does not have to return to the station to download the images. Certain triggers, such as an increase in police vehicle speed, will trigger the dash cam to activate. A body worn camera loaner has been field tested and officers found it just as easy to use but has better features than current model. Other agencies are currently using the same cameras. The Washington County District Attorney has requested that there be one consistent TIGARD CITY COUNCIL MEETING MINUTES--April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 6 of 11 platform. Certain triggers will activate them automatically such as gun drawn or Taser activation.The system will also collate multiple viewpoints. Axon Citizen collects digital or electronic evidence by texting a link to a community member and officer can go in and triage and can be kept as evidence. Tasers are next generation and include simplified user interface,and auto triggers to body worn cameras.Safer features including a louder warning arc and bright green target light allow for better de-escalation to avoid the need for a higher level of force. The current technology in the interview room is nearing the end of its useful life. Statutory requirements for interviews mean"zero failure."Replacing this technology at the same time as bringing on the other equipment puts it on the same platform,creating uniformity for staff and IT support. Police Business Analyst Shaw showed a slide outlining the five-year funding costs.The five- year cost is$1.46 million and 44 percent of that is covered in the base budget There is funding available within the levy revenue set aside for materials and services dedicated for nine sworn officers.Additionally,because the city already works with Axon,we are on a program with existing tasers so there is some base budget allocated.The annual cost less the existing budget leaves$165,000. She noted that Risk Management helped identify a CIS grant for body cameras purchased this year. As long as $50,000 is spent on body cameras, CIS will award$25,000. The city has tentatively been awarded this grant so if the purchase is authorized,$25,000 will be returned to the General Fund this year. Staff will actively seek other grants to help with costs. Sergeant Erickson said Axon is uniquely poised to provide programmed equipment replacement,on-site spares and cost-free repair which will allow officers to focus on other things at critical times. The IT Division supports this program.The body worn camera program expansion received a unanimous recommendation from the PSAB on March 22. He said this is a five-year contract where the department purchases the equipment by making lifecycle replacement program vendor payments each year of the contract.The project also includes a cloud-based service for digital evidence management and storage that works seamlessly with the department's new records management system. Chief McAlpine acknowledged it was a large request,but it is extremely important in order to provide transparency and clarity. She commended City Manager Rymer who understood the urgency and supported asking for a Third Quarter Supplemental,rather than waiting for next year's budget cycle.She added that when Tigard experienced the riot situation,police staff had to scramble to borrow body-worn cameras from other agencies and this was not acceptable. She noted that Tigard's officers are on board and want transparency of their actions. She referred to a recent situation in Minnesota involving a mix-up between use of a lethal weapon and a Taser. She said Tigard uses Tasers in the opposite(non-dominant) hand,they are a bright yellow and the technology is quite different from firearms so officers should not be confused as in the Minnesota incident Mayor Snider asked for any questions on the police presentation.He noted it was thorough, was consistent with conversations Council has held in the last year and is in line with the recommendations from the Public Safety Advisory Board.There were no further questions from council. TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 11 Senior Management Analyst Kang continued with the staff presentation. Non-Budgetary Impact Items—An increase in the Risk Analyst position from.8 to 1.00 FTE will ensure OSHA compliance for ongoing annual testing,training,auditing and data reporting as well as claims back-up, COVID-19 response support and Total Tyler back-up support.This FTE increase is offset by savings from professional and consulting services. Senior Management Analyst Kang concluded the staff presentation and said the FY 2021 Third Quarter Supplemental Budget will increase the overall budget by$340,000 across 12 city funds.The increases are largely supported through various Federal and State grants, unanticipated beginning fund balances,contingency and reserves.This supplemental budget will decrease reserves of the city by$254,000.Exhibits A and B in the meeting packet summarized the fiscal impact by fund.Staff recommends approval of the resolution. Council Questions: Mayor Snider asked how the body worn cameras are triggered remotely by drawing a gun or holster. Sergeant Erickson replied that there is an attachment to the holster. Council President Lueb encouraged anyone interested in the PSAB conversations to watch the YouTube meetings available on the city's website.She asked what it takes to tum on the body worn cameras. Sergeant Erickson replied that they can be turned on manually and there is also a pre-event buffer of video with no audio which can be set for a pre-determined amount of time.A policy is currently being reviewed that relates to times for example,when there is a contentious contact,a crime investigation or an officer detaining someone for reasonable suspicion.A State law requires that if a body cam is available,it must be turned on during those instances. Mayor Snider asked about the non-audio buffer and asked why they would be setup without audio since it doesn't take as much storage space as video.Sergeant Erickson said police officers need to tell people when they are being recorded but if they are thrust into a sudden incident, they can't use that few seconds of video unless the person has been notified they are being recorded.He can get more information on this for Mayor Snider. Council President Lueb asked what the impact will be on contingency and reserve balances and what was behind the decision-making on which items would come from what source.Mr. Kang said some funds have contingency budgeted so if a fund has it, that is what is used. If we run out of contingency,then we use the fund balance. This budget supplemental contains three property management requests but the contingency was used up,so some was taken from the fund balance. For non-operating funds we must use the fund balance. Overall, there is$2.2 million of contingency in our budget. Council President Lueb asked how this affects our reserves and Senior Management Analyst Kang said we used$254,000 from reserves. Other than the Property Management and Facilities funds,none were using fund balances. Council President Lueb asked if this would cut services and if this is tapping into the emergency reserves.Mr. Kang said no,the funds were Fleet and Property Management and Transient Lodging Tax. She asked when the city started the PSAB was it known we were going to have to pay for a consulting service as opposed to using a staff person.Mayor Snider responded that the City Manager and Assistant City Manager warned Council that there would be those needs,including an additional management analyst The amount was not known but there was a recognition it TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 11 would not be free.Assistant City Manager Nyland added that because of how the PSAB evolved, staff knew from the onset it would be unique from other boards and committees due to the sensitive nature of the discussion material and that is why a management analyst and outside facilitator were requested. Councilor Goodhouse asked about the DLR contract amount was it for the extra work Council approved in February. Mr. Kang said the approval action did not set aside appropriations and this action tonight is the actual appropriation. Councilor Shaw asked if the management analyst position was funded and Assistant City Manager Nyland said it was budgeted and is being filled by Eduardo Ramos,who is doing a great job. Councilor Newton thanked staff for an excellent presentation and robust conversation. She said there was great interest on the PSAB about the Police expenditures and it was her understanding that there will be an opportunity at a PSAB meeting to consider these police technology policies before the equipment is put into use. Chief McAlpine said the expanded policy is going through the chain of command now and then the police union will look at it She will take it to PSAB before it is an official policy. Councilor Newton referred to the Public Works request for PTO (personal time off) buyout due to COVID-19 and asked if other departments will be hit with this, adding that she hoped this will be managed better in the future. Management Analyst Kang said no further PTO buyouts were expected. D. Public Testimony— There was none. Councilor Newton noted that the Public Safety Advisory Board submitted a recommendation today.Mayor Snider said he considered it part of the staff information,but it could be considered public comment. E. Response to testimony by staff.There was no public testimony. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration:Resolution No.21 -12. Council President Lueb made a motion to approve Resolution No. 21-12. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 21-12—A RESOLUTION TO ADOPT THE FY 2021 THIRD QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Resolution No. 21-12 passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES-April 13, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 11 8. LOCAL CONTRACT REVIEW BOARD- CONSIDER CONTRACT AWARD FOR BODY WORN CAMERAS, FLEET CAMERAS,TASERS,INTERVIEW RECORDING PLATFORM,DIGITAL EVIDENCE STORAGE,MAINTENANCE AND SUPPORT Contracts and Purchasing Manager Moody gave the staff report for this item,requesting Local Contract Review Board approval of a five-year contract with Axon in the amount of$1,467,765 for body worn cameras,fleet cameras,Tasers,interview recording platform,digital evidence storage,maintenance,and support. Staff explored multiple options for purchasing this equipment and found that Axon Enterprises holds a national cooperative contract through Sourcewell, a government service cooperative in which the city is a member.The city is allowed to use cooperative contracts in order to obtain best pricing. Council President Lueb moved to approve the contract and Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT-City Manager Rymer gave an update on administrative items. He thanked everyone involved in the meeting tonight including community partners and teammates. He noted it was National Public Safety Telecommunications Week and thanked those partners providing this vital service to Tigard. He gave kudos to the Communications Team and Mayor Snider for the State of the City. There were 343 people pre-registered and 1,000 views on YouTube and Facebook. He read some of the comments for Late Night in Tigard.The Library is expanding in-person services on April 26. A soft launch is planned for 10-11:30 a.m. to test the safety measures.The School Resource Officer contract was approved by the Tigard- Tualatin School District Board unanimously.The Public Safety Advisory Board thanked HR Partner Brandi Leos for her work to hire police officers that reflect our community. Saturday, April 24 is the first Budget Committee meeting. 11. EXECUTIVE SESSION—None. 12. ADJOURNMENT At 9:34 p.m. Councilor Newton motioned for adjournment and Councilor Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES-April 13,2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 11 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Carol A.Krager,City Recorder Attest: Jason Hider,Mayor Date:� 7z,Ger l .?O Rj TIGARD CITY COUNCIL MEETING MINUTES-April 13,2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 11