Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 12/21/2021
INI , City of Tigard rIcnue' Tigard Business Meeting —Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: December 21,2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: 'Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before noon the day of the meeting. 'If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue. We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast CABLE VIEWERS: The first City Council meeting may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Wednesday 2:00 p.m. Thursday 12:00 p.m. Sunday 12:00 a.m. Friday 10:30 a.m. Monday 1:00 p.m. III " City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: December 21, 2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Public Comment—Written B. Public Comment—Phone-In 3. DISCUSS AND PROVIDE DIRECTION ON CITY COUNCIL TERM LIMIT DEFINITION 6:35 p.m. estimated time 4. NON-AGENDA ITEMS 5. EXECUTIVE SESSION 7:20 p.m. estimated time The Tigard City Council will go into Executive Session to review and evaluate the job performance of an officer or employee,under ORS 192.660(2) (i).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.The Tigard City Council will adjourn after the Executive Session. 6. ADJOURNMENT 8:05 p.m. estimated time SUPPLEMENTAL PACKET p (DATE GF 'MEETING) TIGARD Public Comment received by noon for the December 21, 2021 Meeting of the Tigard City Council Michael Antonelli 12/20/2021 Concerned about redefining "consecutive years" in relation to a council term and said it could lead to any council member running for office indefinitely, rendering term limits void. Suggested any change should be a Charter amendment done through public conversation and the election process. Carol Krager From: Mike Antonelli Sent: Monday, December 20, 2021 9:44 AM To: Carol Krager;Jesse Raymundo;#Councilmail; Shelby Rihala; Steve Rymer Subject: Public Comments on Term Limit Agenda Item - Dec. 21 Attachments: Tigard Term Limits - Public Comment.docx You don't often get email from Learn why this is important Caution! This message was sent from outside your organization. Allow sender I Block sender I respectfully submit the following for the public comment section of Tuesday's Council meeting. Feel free to contact me with any questions. Sincerely, Michael Antonelli 13185 SW Tamera Lane Tigard, OR 97223 503-692-9215 Term Limits in Tigard "In no case shall any person serve on the City Council for more than twelve consecutive years." Dear Mayor and City Council, I was confused about the Dec. 21 Agenda Item seeking to clarify the meaning of"consecutive years." It seems entirely clear to me what the intent of the 12-year term limit statute is. So why is the city council suddenly taking up this matter, four days before Christmas, with virtually no public conversation leading up to it?The optics are not good. It's very troubling that the city manager, city attorney,and anyone else involved in this agenda item's language thought this was a good idea. Redefining the term "consecutive years"to mean that any break, including resignation one day before a term ends, resets the 12-year term limit clock is not only a perversion of the city's term limit statute, but also sets the terrible precedent of allowing any council member to run indefinitely, essentially rendering all term limits void. It will become the new standard for any sitting council member to resign a day before their term ends if they have any inclination to run again. It is evident that quite a bit of work and research went into this agenda item,which makes it even more troubling. It was 93 pages long.You anticipated the questionable ethics of having at least two council members voting on an issue that would directly benefit themselves. I'm still trying to figure out how the Oregon Government Ethics Commission signed off on this. 1 In closing, I completely understand the potential shortsightedness of limiting a mayor to a single term after serving two terms as a city councilor. I also appreciate the problematic dynamic of being a mayor elected in an off two-year election cycle.These are reasonable matters to discuss for amendment in the city charter. But the City and Council should do this through public conversation and the election process—NOT by stealthily slipping it in at the 11th hour with no public feedback and using highly questionable wordplay on the definition of"consecutive years." I believe Tigard deserves better. Sincerely, Michael Antonelli, 30-year Tigard resident 2 CITY OF Tigard To: Mayor and City Councilors From: Shelby Rihala, City Attorney Steve Rymer, City Manager Date: December 1, 2021 Subject: Tigard City Council Terms Interpreting the Chapter III, Section 7 of the City's Charter has been discussed since at least 2012. No City Council has acted to formally interpret the language, which in the absence of Council clarification or a Charter amendment, leaves questions regarding the definition of"consecutive years" ambiguous. This memo provides a historical summary of past discussions and presents options for Council's consideration going forward. Section 7. Mayor and Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council.At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office.A resignation submitted to satisfy this section shall not be withdrawn.A resignation shall be adequate for purposes of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. I. Historic Information Over the years, Council has had numerous discussions related to filing Council vacancies and term limits. We have reviewed the minutes of Council meetings going back several years and the information below summarizes the instances in which these issues were discussed. A. Resignation of Mayor Dirksen In early 2012,former Mayor Dirksen was running for Metro Council. Leading up to, and after his successful election,the Tigard City Council had several discussions related to the options for filling the remainder of the Mayor's term. City Attorney Ramis provided a memo summarizing the options, including appointment or election. Term limits was tangentially raised, as the minutes from the 6/12/1012 study session reflect: There was discussion on Councilor Henderson's position that Mayor Dirksen will have served as mayor for nine years,which is beyond the term limits established by the Charter. City Attorney Ramis commented the interpretive issue is whether the time period during which Mayor Dirksen was filling the unexpired term of Mayor Griffith is counted toward the term limited time period. City Attorney Ramis said to the extent the council feels there is ambiguity in the Charter, the first arbitrator of the meaning of Charter is the council itself.Absent a court decision regarding the meaning of the Charter,it is the council's obligation to interpret the Charter. Councilor Henderson said it was not his intention to raise an issue with the mayor's service;he simply was noting. B. Charter Amendment Measure In May 2015, by a 3-2 vote,the Tigard City Council put two measures before voters related to term limits. The first measure would allow seated Councilors to run for a City office without resigning their current seat. The second measure would have allowed a Councilor to serve for 16 consecutive years instead of 12. The minutes from May 15, 2015 mention the question of a break in service: A discussion was held on what constitutes a break in service,with Council President Snider and Councilor Goodhouse suggesting a full term as a break. Councilor Henderson said he thought that was the intent. City Attorney Ramis asked council what their definition of consecutive years of service was. He asked, "Could the cap be defeated by resigning in the last six months of the term and then running again?"A discussion was held on the desired length of a break. City Attorney Ramis will develop some clarifications for council review. Despite the reference to follow-up being offered, there is no record of a memo or discussion in future minutes. C. Resignation of Council President Snider On June 26, 2018, Council considered options related to filling the remaining two years of Council President Snider's unexpired term after he resigned to run for Mayor. As the AIS summarized: On June 4, 2018, the City received notification of Council President Jason Snider' s irrevocable resignation effective December 27, 2018. The resignation was submitted in accordance with Tigard City Charter Chapter III, Section 7,which states in part, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." Council President Snider filed for the office of Mayor at the time he submitted his resignation. City Attorney Rihala provided a memo summarizing the options for filling the vacancy. II. Interpretation of"Consecutive Years" There are multiple ways to interpret the phrase"consecutive years" and it is ultimately up to City Council to determine which is the most appropriate. Under Oregon law, if a dictionary definition of a word is needed, a court will look to the Merriam Webster Dictionary. Merriam Webster defines "consecutive" as "following one after the other in order; successive." It includes multiple definitions of "year." One of the definitions is, "the period of about 3651/4 solar days required for one revolution of the earth around the sun." Therefore, one interpretation is that"consecutive years" should mean serving for 365 back-to-back days. This would mean that any break in service that is longer than a day would reset the clock. While there are other definitions that may suggest a year should be read as a "calendar year," in which case a longer break in service would be required,the text of the Charter does not specify"calendar year." Ill. Clarifying Options If a city is faced with needing to interpret an ambiguous provision of its charter, that authority falls on the city council. Additionally, under Chapter III, Section 12 of Tigard's Charter, "The Council shall be final judge of the qualifications and election of its own members,subject, however,to review by a court of competent jurisdiction." Because our Charter does include ambiguous provisions, it is our recommendation that the Council interpret"consecutive years" as soon as possible. We recognize that this is a difficult decision for the Council,though it is important that clarification be provided in advance of the 2022 election filing period. Council has several options for proceeding: A. Council vote. Similar to the resolution that Council passed earlier this year interpreting the Charter language "orders on the treasury," Council could approve a resolution stating its interpretation of"consecutive years" and how long of a break in service is required to defeat the term limits. This would be the simplest option; however, it would not account for public participation. It could also require Council to read words into the Charter that are not there— the Charter does not say how long of a break is required—and this would be contrary to the rules of statutory interpretation. B. Charter amendment. Charter amendments may only be approved by a public vote. Ideally, the proposal put to the voters would be based on recommendations from a Charter Review Committee or some other kind of similar process. There is insufficient time to conduct this process in time to put the question on the May 2022 ballot, so this option would require Council to develop its interpretation and ballot language with minimal public participation. C. Advisory vote. Council could opt to put the question to the voters in such a way that the outcome of the public vote would then guide their votes in a City Council decision. The measure could ask if the voters agreed with one or both interpretations above. This would be the most complicated option from a drafting perspective, but would allow for the greatest public participation in a limited amount of time and potentially allow the public to consider both competing definitions with the one garnering the highest number of votes prevailing. A resolution interpreting the Charter would then be brought before Council for consideration. For all options involving Council action, Mayor Snider and Councilor Goodhouse have a potential conflict of interest because Council's interpretation has the potential to determine their eligibility for reelection. Under state conflict of interest laws,that is only a potential conflict of interest, not actual conflict, because there is an intervening election in which they may or may not be reelected, thus breaking the direct relationship between their vote on the interpretation question and their service on City Council. They may therefore participate in the discussion and cast a vote, but they must declare a potential conflict of interest on the record prior to participating. This has been confirmed with the Oregon Government Ethics Commission. I PI " City of Tigard TIGARD Council Term Limit Research — 2007-2021 Agenda Item# Meeting Date May 8.2007 COUNCIL AGENDA ITEM SUMMARY City Of Tigard,Oregon Issue/Agenda Tide Consider Appointment to Vacant City Council Position Prepared By: Cathy Wheatle30 Dept Head Approval: / City Mgr Approval: 1iZ (GYM ISSUE BEFORE THE COUNCIL The City Council will consider filling the City Council position vacated by Councilor Harding who resigned from the City Council on April 24,2007. STAFF RECOMMENDATION Discuss when and how the position vacated by Councilor Harding should be filled. KEY FACTS AND INFORMATION SUMMARY • Councilor Harding announced her resignation from the City Council at the April 24, 2007 City Council meeting, effective at the end of that meeting. • Councilor Harding's term of office expires December 31,2008. • Councilor Harding had advised Council members prior to her public announcement of her intention to resign because she and her husband would be moving out of state. • City Council members were advised by City Attorney Ramis that the City Charter gives them wide latitude in the manner in which the vacancy should be filled. The City Charter,Section 7,Paragraph 3 states: In the event the office of Mayor or councilor becomes vacant b fore the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the state of Oregon andCity ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held. • City Council members discussed the upcoming Council position vacancy during the April 24, 2007, study session and determined they would consider how to fill the vacancy at the May 8,2007,City Council meeting. OTHER ALTERNATIVES CONSIDERED Options include: • Council could appoint a Councilor to serve until the expiration of the term,December 31, 2008. • Council could do nothing and operate as a four-member Council for a period of time up to the end of the term. • Council could do nothing and operate as a four-member Council until a new Council person is elected either at the September 18, 2007 or the November 6,2007 election. • Council could appoint a Councilor to serve until a new Council person is elected either at the September 18, 2007 or the November 6,2007 election. CITY COUNCIL GOALS N/A ATTACHMENT LIST None. FISCAL NOTES NJA iladmlpad et.074:1705055council vacancy appointment als.doc Agenda Item Discussion& Comments Action Items (follow up) 5. City Council City Manager Prosser introduced this agenda item Motion by Councilor Vacancy and described the authority of the City Council with Woodruff, seconded by Discussion regard to appointing a Councilor to the position Councilor Sherwood, to vacated by Councilor Harding as of April 24,2007. appoint Nick Wilson to the A summary of some of the options available to the interim City Council position City Council are listed in the staff report on file in until the person elected by the Council packet materials. special election takes office. Council discussed precedence regarding how The motion was approved appointments have been made to vacancies on the by a unanimous vote of City Council,with the process being widely varied Council present. depending on the circumstances. Mayor Dirksen Yes Councilor Woodruff noted his support for making Councilor Buehner Yes an appointment now and then holding an election in Councilor Sherwood Yes the fall. He said he would support appointing Nick Councilor Woodruff Yes Wilson as the interim City Council member until the election. Council members indicated their agreement on selecting Nick Wilson for the interim Councilor noting that he has knowledge of the issues before the City Council at this time due to his recent service on the City Council. After the vote by the City Council on the motion to appoint Nick Wilson as the interim City Councilor, Alice Ellis-Gaut commented favorably on the City Council's decision for an appointment followed by an election in the fall. 6. Legislative Senator Burdick, Representative Galizio and the City Briefing by Council reviewed current legislative activities, Senator Burdick including the following: and Representative • End of session is scheduled for June 29, 2007. Gali7io • Measure 37: Consensus could not be reached on a statutory amendment. The House passed a bill to refer reformation language to the voters in November. There was discussion on a possible extension of time for local jurisdictions to render decisions on Measure 37 claims now in process. Senator Burdick confirmed that it appears local jurisdictions will be given a one-year time extension;this legislation should be going into effect soon, with an emergency clause. Tigard City Council Minutes - May 8,2007 5 Agenda Item No. Meeting of (p/ !a a D(a. City of Tigard = Tigard City Council Meeting Minutes TIGARD May 8, 2012 Mayor Dirksen called the meeting to order at 6:32 p.m. Name Present Absent Mayor Dirksen V Council President Buehner ✓ Councilor Henderson V Councilor Wilson ✓ Councilor Woodard ✓ Staff present: City Manager Wine, Assistant City Manager Newton, City Attorney Ramis, City Recorder Wheatley • STUDY SESSION A. Discuss Process for a Potential Vacancy in the Office of Mayor City Manager Wine introduced this item,which is to begin council discussions on how the council would like to proceed if Mayor Dirksen resigns at the end of the year to serve on Metro Council if elected on May 15. There would be two years remaining on the mayor's term of office. She referred to information before the City Council prepared by the city attorney and city recorder regarding Charter provisions and process options available to the council to fill a vacancy. Discussion highlights included: • City Attorney Ramis said Charter provisions are such that the decision regarding the process in essentially up to the City Council and can be tailored to fit the facts of the situation. • Mayor Dirksen is running unopposed for the Metro council position. If he receives more than 50 percent of the votes cast for the position, he would be considered duly elected to fill the position. If elected, he would tender his resignation after he receives the certified election results and his resignation would be effective December 31. • Mayor Dirksen referred to a letter from Councilor Henderson, requesting endorsement by the council for his appointment as the interim mayor for the remaining mayoral term. TIGARD CITY COUNCIL MEETING MINUTES — MAY 8, 2012 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 (503-639-4171 I www.tigard-or.gov I Page 1 of 7 • Mayor Dirksen said he thinks,because of the time available to the City Council,it would be difficult to defend an appointment for such a long period of time—in excess of two years. There is time to conduct an election. Mayor Dirksen also referred to a letter from the Chamber of Commerce,which urged that an election be held. • Councilor Wilson noted when Councilor Harding resigned, he was going to be appointed for the eighteen months remaining on her term. However, there were objections to this, so he was appointed for a few months until an election could be held —he was subsequently elected to complete the term of office. • Discussion was held on the circumstances where an appointment could be made for a shorter period of time. • Councilor Henderson spoke to considerations that could be factored in favor of an appointed mayor;i.e.,a new city manager and possible turnover of more than half of the members of the council. He spoke in support of an appointment of either Councilor Wilson or himself. • Mayor Dirksen reflected about who might want to run for the office of mayor. Councilor Henderson and Councilor Wilson would be good choices because of their experiences as council members and the support of the citizenry of the accomplishments of this council. • El Councilor Henderson and Councilor Wilson both indicated they intend to run for the office of mayor. • Council members discussed that Tigard resident John Cook has expressed an interest in running for the office of mayor. • Councilor Henderson noted he would not want to have projects slowed down because of the transition period. Mayor Dirksen agreed he would not want the council to lose its momentum. • Councilor Henderson referred to the proposal he shared with the City Council in a letter. He said he does not plan to be a career mayor. He would be interested in serving as a "stand in"mayor to complete Mayor Dirksen's term. He said he thinks this would be the right thing to do for the community. He said he would be glad to return to the City Council if he was elected. Mayor Dirksen commented he thought people would urge Councilor Henderson to run for the office of mayor if he served as interim mayor for two years and did a good job. • Councilor Henderson commented on the way the Charter is written and the confusion about term limitations, especially when appointments are made for individuals to fill unexpired terms. • There was discussion on Councilor Henderson's position that Mayor Dirksen will have served as mayor for nine years,which is beyond the term limits established by the Charter. City Attorney Ramis commented the interpretive issue is whether the time period during which Mayor Dirksen was filling the unexpired term of Mayor Griffith is counted toward the term limited time period. City Attorney Ramis said to the extent the council feels there is ambiguity in the Charter, the first arbitrator of the meaning of Charter is the council itself. Absent a court decision regarding the meaning of the Charter,it is the council's obligation to interpret the Charter. Councilor Henderson said it was not his intention to raise an issue with the mayor's service;he simply was noting TIGARD CITY COUNCIL MEETING MINUTES- MAY 8, 2012 City of Tigard 113125 SW Hail Blvd.,Tigard,OR 97223 1503-639-4171 I www.tigard-or.gov I Page 2 of 7 the problems with perception by members in the community as a result of the Charter language in this area. • City Attorney Ramis read the sentence in the Charter regarding term limitations: "These limitations do not apply to the filling of an unexpired term." The Charter does not specify a differentiation if an unexpired term is filled by an appointment or by an election. This is a point of debate ultimately up to the Council to interpret. Councilor Henderson reiterated his only concern is with clarifying the intent. • Council President Buehner said it might be time to have a Charter review overall. • Councilor Woodard commented on the time commitment required for the individual serving as mayor. He spoke to keeping continuity and to look for an individual to serve as mayor who could contribute the time required. He said he thought Councilor Henderson could make such a contribution and said he also thought Councilor Wilson would do a fine job as mayor if he could meet the time-commitment requirements. • Mayor Dirksen concluded saying the purpose of the discussion tonight was to hear what everyone's thoughts were regarding the probable two-year vacancy in the office of mayor. This matter will be taken up by the council for consideration at a future council meeting. The following items were reviewed: B. Administrative Items • Council Calendar o May 14, 2012 - Budget Committee Meeting- Public Works Auditorium, 6:30 p.m. o May 15 2012 - City Council - Town Hall -Workshop Meeting- 6:30 p.m. o May 22, 2012 -Joint Meeting with Lake Oswego at Lake Oswego, 380 A Avenue; 5:30 p.m. dinner, 6:30 p.m.Joint Meeting o May 24, 2012 - Clean Water Services Tour of Durham Plant - 6-8 p.m. o June 12, 2012 - City Council -Town Hall - Study Session/Business Meeting - 6:30/7:30 p.m. o June 19, 2012 - City Council-Town Hall-Workshop Meeting - 6:30 p.m. o June 24, 2012 - City Council-Town Hall - Study Session/Business Meeting - 6:30/7:30 p.m. • EXECUTIVE SESSION: Not held. TIGARD CITY COUNCIL MEETING MINUTES - MAY 8, 2012 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-4171 I www.tigard-or.gov I Page 3 of 7 1. Ms. Newton introduced the first item for discussion to consider the requirement that the mayor or councilor resign in order to run for another city office. Council President Snider said it comes down to if a councilor is not on the same election cycle as the mayor they must resign to make the process equitable. Councilor Goodhouse said he agreed to continue that practice. Councilor Henderson said he could support the current practice of having to resign as potential issues may arise. Mayor Cook said he did not like the required resignation because it creates divisiveness. Councilor Woodard expressed opinion that talent is lost when a council member is forced to resign but turnover within council may not be a bad idea as a council cannot get over divisiveness within the council. I le stated he was undecided. Mayor Cook said he was undecided as well as turnover is good sometimes,but then if the terms arc lengthened to sixteen years it seemed counterpoint. It did not seem fair that the mayor could run for another office,but the councilor could not. Consensus was met to remove the language to require a resignation if running for another city office, 2. Ms. Newton said the next item is changing councilor positions to be elected by district instead of at- large. Councilor Goodhouse shared he observed at times that the strongest candidates did not get elected in a district system because the two strongest candidates lived in the same district. Council President Snider stated he would support an at-large or geographic district system. He stated he did not like the position concept.This sets up the possibility of targeting one person to run for one scat and then four other people to run for another. He said,talk about not getting the best person and creating divisiveness. Councilor Woodard stated he preferred at-large. Councilor Henderson stated he could see how electing by district could address an areas specific needs. Discussion commenced on how the boundaries would be drawn. Ms. Newton clarified boundaries would be drawn by the county based on population. Mayor Cook said he is not in favor of this process and would prefer to remain at-large. Council consensus was to maintain charter language to be elected at-large. 3. Ms. Newton stated the next item was the potential change in the total number of council members. Mayor Cook clarified if additional council members were to be considered the number would have to remain odd with a seven or nine member council. lie expressed concern with the efficiency of getting matters decided and the length of meeting times with the additional members. I to stated a benefit would be the g additional help and division of liaison committees. TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES-JUNE 2,2015 City of Tigard I 13125 SW 11:111 Blvd.,Tigard,()R 97223 I www.tigard-ur.gov I I'.�;_< 8 of 10 Councilor I lenderson said there is a lot of work to be done and a couple more people would help a lot with liaison committees. Council President Snider said the practical implications of adding two more people providing comments on everything, the council would need to be prepared for meetings to go to 11:00 p.m.The more people contributing to the discussion adds more complexity to the discussion which means they get longer. Councilor Goodhouse said he did not feel the benefits of adding two councilors to lighten the liaison committee commitments outweighed the potential for discussion complexity and extended meeting time. Councilor Woodard said he works pretty hard in the background and sometimes thinks it would be nice to have the extra councilors. It could be a benefit having a couple more for representation as the population grows to ensure the new areas annexed have a voice. Councilor Woodard suggested looking at in a year after recent development of property progresses. Council consensus was to maintain charter language to be a five member council. 4. Ms.Newton said the next consideration is for setting the council president's term a, two)cars or one year. Council consensus was to maintain charter language for council president to be a two year term. 5. Ms. Newton said the last discussion item is to make the changes prospective or not. She clarified prospective means if the charter amendments passed they would apply to the current council or if it is not prospective they would apply to new councilors. Discussion commenced on the political appearance of not having the amendments being prospective and the equality of being prospective. Council consensus was to be prospective and apply to the sitting council. Ms. Newton reported back on the question if the charter language pertaining to the\Willamette River water being used for city of Tigard drinking water applied to the Tualatin Valley Water District( V\VD)and as detailed in a memo written to the council it does not apply to TV\WD. 9. NON AGENDA ITEMS Ms. Wine reported comments have been made about what is occurring in the Public Work's parking lot and it is torn up due to a bad patch of asphalt. Ms. Newton reported staff has reserved the shelter at Summerlake Park on July 7 from 6-8 p.m. for the Cookout with the Council. 10. EXECUTIVE SESSION—None. TIGARD CITY CENTER DEVELOPMENT AGENCY/CITY COUNCIL MEETING MINUTES—JUNE 2,2015 City u( I'igaRI I 13125 SW I fall Blvd.,"Tigard,Oft 97223 I www.rigard-or.gov Pagc 9 of 10 AIS-2257 8. CCDA Agenda Meeting Date: 06/02/2015 Length (in minutes): 25 Minutes Agenda Title: Continued Discussion on Charter Review Prepared For: Liz Newton, City Management Submitted By: Norma Alley, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Continued discussion on referring possible Municipal Charter revisions to Tigard voters. STAFF RECOMMENDATION / ACTION REQUEST Review, discuss and reach consensus on referring specific revisions to the City's Municipal Charter to Tigard voters. KEY FACTS AND INFORMATION SUMMARY At the May 12, 2015 business meeting, the council continued discussions on potential revisions to the City's Charter that might be offered to the voters for consideration. Consensus was reached on revisions to term limits as noted below. •Term limits. The office of Mayor limited to two - 4-year terms with an option to run for one - 4-year term on council for a total of 12 years on the council without a break in service. The office of City Councilor would be limited to three - 4 year terms for a total of 12 years on the council without a break in service. •The City Attorney suggested that definition of"break in service" would be clarified with proposed charter language. The following potential revisions were raised previously but not discussed at the May 12 meeting: •Requirement that sitting mayor/councilor resign to run for another city office. The question is whether or not the requirement should be retained or removed. •Councilors elected at-large or by geographic district was raised by three councilors. Two councilors prefer retaining at-large representation. The first question is if councilors should be elected at-large or by geographic district. If there is consensus to change to by-district election, then how should the boundaries be set? •Size of Council/number of councilors was an issue raised by two councilors; one supports the current size/number; one suggests reconsideration to expand the size of the council. The first question is whether or not the size of the council should be expanded. If yes, then by how many members? •Term for council president was an issue raised by two councilors who support changing the term from two years to one year. The first question is whether or not the term for council president should be changed. I f yes, what should the length of the term be? •The Council discussed whether the Charter revisions submitted to the voters by this council should be prospective, and not apply to the current mayor and councilors. This would not be a change in the Charter, but language included in the ballot title. The first question is whether or not all new provisions would be prospective. If not, should any? If yes. which ones? •Clarification of the Willamette River section. A councilor asked if it applies to the Tualatin Valley Water District. It is the opinion of the city attorney that it does not. The deadline for filing ballot measures for the November 2015 ballot is August 14, 2015. A public hearing is required prior to filing. To ensure there is adequate time for public outreach before the ballot title has been finalized, it would be prudent to schedule a public hearing at the end of June. Draft ballot language would be reviewed and public input could be taken. Additional outreach could be conducted and the council could consider and adopt the final ballot title language at the end of July. In order to meet this timeline, council will need to provide clear direction to staff on each provision proposed for changes at the conclusion of this discussion. The city attorney will then be directed to draft specific language for each proposed revision. OTHER ALTERNATIVES Council could choose to refer other changes in the charter to voters, or propose no changes to the Municipal Charter. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Included as an item on the list of"Issues for Further Council Discussion" in the 2015-17 Tigard City Council goals adopted January 27, 2015. DATES OF PREVIOUS COUNCIL CONSIDERATION December 22, 2014 March 17, 2015 May 12, 2015 Attachments March 17, 2015 Council meeting minutes excerpt Charter Provision City Comparison \latrix Excerpt from March 17, 2015 Tigard City Council minutes. 5. DISCUSSION ON POTENTIAL CHARTER REVIEW Assistant City Manager Newton led a discussion on this item. She gave history of past charter amendments,which must be voted on by the citizens. She noted that some sections are broadly written such as Section 20,which addresses the mayor's responsibility to appoint committees. She said there is actually a robust process that is not spelled out in the charter. Other sections are more specific. She said council has identified some potential charter changes and suggested they consider how specific they want things to be and what degree of latitude they want council to have. Council President Snider: • The requirement for any councilor running for mayor to resign is troubling. It is disadvantaging for two councilors due to the election schedule. • He said the current size of council is effective and efficient. • At large should be discussed. • The Willamette River Section should be discussed and the city attorney should clarify what it means to Tualatin Valley Water District. Councilor Goodhouse: • Council president term should change to one year • Abolish or raise term limits • Maintain "top two"vote getters;likes at large designation Councilor Henderson had a handout of potential charter changes and what the ballot make look like. This has been added to the packet for this meeting.He su.:ested these could be on the same ballot. • Concerned about retaining some knowledgeable people on council • Mayor and council term limits should change • Reconsider the number of councilors • Seat Representative (Should be a position,not the top two vote getters) Potential for geographic districts Mayor Cook: • Term limits are more appropriate at the federal level.At the local level,voting a candidate out is in effect,a term limit. • Any changes voted in by this council should not affect current office holders so changes aren't perceived as self-serving Councilor Woodard • Change council president every year • Eight year term limit for mayor,Twelve years for councilor • Prefers at large • Doesn't like the retain your seat part Excerpt from March 17, 2015 Tigard City Council minutes. Assistant City Manages Newton will collate this information and develop proposals for future council discussion. City Manager Wine asked if there were any other sources of input desired. Council President Snider suggested taking these ideas to the city's boards and committees. Assistant City Manager Newton suggested a discussion with the Mayor's Blue Ribbon Task Force. A 9-end‘L l lei SUPPLEMENTAL PACKET FOR }'2�arl l 1.,•°!S_ (DATE OF MEETING) Ertl 6u h7 c Nen cuersori CHARTER AMENDMENT CHOICES 1 TERM LIMITS FOR MAYORS 2 4i NONE 2 TERM LIMITS FOR COUNCILORS NONE 3 NUMBER OF COUNCILORS 4 4 SEAT REPRESENATIVE Charter Amendment Information by City ICM Charter Amendments BY CITY: Beaverton Forest Grove King City Lake Oswego Sherwood Tualatin Hillsboro Wilsonville Requires resignation to run forCharter doesn't dimly Charter dais':drnaly Councilors must Charter doesn't drtrdh Charter doesn't dared), Owner doesn't dtneth Myyor/Counci sition? Charter doesn't dinct/y uJdrtst addict. addict, resign to run ;uid'r,, adder, Charter doesn't directly addns, ,util e, Tcmt Wmits N Ni' No Yes Yes Yes Yes uniemrted 4-yr trims unlimited 4-yr refills unlimited 2-yr terms Not to exceed$ unlimited 2-yr terms unlimited 4-year terms limited 2 consecutive terms unlimited 4-yr terms Mayor consecutive years limited to 3 three Councilors unlimited 4-yr terms unlimited 4-yr terms unlimited 4-yr terms Not to exceed 8 limited to 3 consecutive 4 consecutive terms, limited 2 consecunee term unlimited 4-sr term, consecutive years yr terms (2014 a nnoe) including any partial term as councilor. Council Sian 7 Councilors,they elect Councilor positions 5 Councilors 6 Councilors the Mayor from 6 Councilors 6 Councilors 6 Councilors 6 Counc,Iorc 4 Councilors Council body Position numbers At large1t largeAt largeAt-large. Positron#s repealed Position numbers Run in Wards,2 Positions At-large Councilors represent:Distract/At- it 20,-s etntow per Ward elected large/Position Ciistncil President Rok I i.e 2-year term? I.year term 1-year term 2-year term(odd yrs) 1-year term I-rear tctm 2-year term(odd yrs) 2-year term(odd yrs) 2-year term(odd via Docs the role r otate/voted/assigned by? council elects at 1st meg Councilors elect Councilors elect @lit Councilors elect 1st Councilors elect Councilors elect Councilors elect Councilors elect 0 1st mtg of year mtg mtg Mid-term Council Vacancies ›lyr remaining,council Filled by election if 13 mo. Sect.4.04 D Appointed by Council and Appointed by Mayor?Vacant?Elected by elects.<1 year=special Appointed by remaining \ppomtments m fill Appointed by malonty or more remain in term, Council appoints (oundl appoints continues until}an.I Council?Goes to Voters? election,but council can c,,uncrl srcanaes in elective of council;if>90 days less than that is Council following the nest biennial appoint sntenm offices of the city shall be to election can fill w/a appointment election.If the tarn of made by council action pro tcm appt office doesn't expire, even if the membership 27(e)The council is the final remainder thereof shall be fills below the quorum judge of the election and filled be election nthen%ise requrtni qualifications of Its members ICMA Recommendation i,hatier Ref ism s,hurpaper 111'< Structure of charter should enhance problem solving, Consider:I)what problems/opportunities arc change proponents trying to address,2)what is not working as well as it should,3)what is the evidence that changing the charter would fix the problem-or open up a new opportunity? Councilor Woodard asked for City Attorney Ramis'perspective about whether the location should be defined in the ballot measure,as well as the costs and who the operator will be. City Attorney Ramis said council has broad authority to decide whether to put this on the ballot,when to do so and how much they want to fund. He said another possibility is seeking authority financially first and return with a measure. Councilor Woodard asked if a location could be defined as one-half mile out from a point in the city center. City Attorney Ramis said it could. Council President Snider said he sensed the excitement in Town Hall. He said it is very important to put something on the ballot that is well thought through. He would like to see this on the November ballot this year but had concerns that it be done well so it passes. He said council also needs to see how it fits with other city priorities because the city does not have the staff to be able to drop everything else and work solely on this. Councilor Goodhouse asked where the telephone survey numbers came from. Consultant Baker said Daxko works through a credible vendor to receive the contacts. They buy lists that arc not just home phone numbers. He asked if the survey respondents wanted a recreation facility in general or were they asked if they wanted a YMCA.City Manager Wine said the study that Tigard conducted did have a specific question to determine what the demand was for a recreation program in general. Consultant Miller added that many questions on the YMCA study related to current exercise habits and use of facilities were asked without a Y prompt. Councilor Goodhouse noted that 80 percent of people polled were over 50 years of age. Consultant Miller said phone surveying industry-wide skews towards over 50 but they normalize the data so it is not affected by age for data analysis. In response to a question from Mayor Cook, she said screening questions included income over$50,000 annually and higher household incomes include more homeowners than renters. Mayor Cook asked about the percentage of revenue going towards charitable cases and asked how much charity the Sherwood Y provides. Mr. Hall responded that he did not know the exact numbers for Sherwood but the average is 25 percent. Mayor Cook thanked Mr. Hall and Consultants Miller and Baker for coming to Tigard and said he looked forward to continuing this discussion at the May 19 workshop meeting. 9. CONTINUED DISCUSSION ON TIGARD CITY CHARTER REVIEW Assistant City Manager Newton introduced this item and summarized the issues heard at the March 17 workshop. She said she is looking for direction from council on how to move forward in order to file by August 14. Councilor Henderson asked how the ballot would appear. Assistant City Manager Newton said the city attorney would draft the language,voters would see the old and new language and could vote to support change or not. City Attorney Ramis confirmed that each item requires an individual vote. He said the council has unlimited discretion on what they want to put on the ballot. TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov Page 11 of 13 Mayor Cook said there is a petition being circulated to place a two-term limit on county commissioners on the ballot and this will show the will of the people. He said that locally,voting someone out is a term limit. He asked council if they want to make it unlimited or have three terms total, in any combination of mayor/councilor. Councilor Henderson said he wants to see more retention of seniority and knowledge but there should be three terms at a maximum. Council President Snider said he is a huge proponent of single-term term limits for each federal and even some state offices,in particular where the political system has been clouded by money. He said even at the City of Portland level,a scandal means getting voting out which is in effect, a term limit. He said that is a more effective way to limit terms at the local level than in Washington DC, where tenure has become a problem. He said he was also concerned about the appearance that the charter amendments arc self-serving to the existing city council. He su14rested a way to eliminate that would be to put in a provision that the changes do not go into effect until the current council leaves office. Councilor Goodhouse said he was initially favorable to term limits but wants to avoid too much turnover to retain some familiarity and history. With constant turnover no one knows why decisions were made. He suggested three years for council and three years for mayor,with a councilor able to become mayor or vice versa. 1-k agreed that being voted out is a term limit and added that local candidates do not need to spend a lot of money to be elected. Councilor Goodhouse said his fust choice was no term limits and second choice was three and three. Councilor Woodard said he was in favor of three terms for councilors but only two terms for mayor. He suggested a mayor take a break after leaving office before running for council to avoid burnout. He also mentioned a concern about mayors being drawn into regional issues by the regional government and there is no way for mayors to push back. City Manager Newton said she was hearing support for a three-term limit for council and a two- term limit for mayor and removal of the 12-year limit. Councilor Goodhouse suggested a scenario of someone with two terms as councilor then being elected for two terms as mayor. This would enable an experienced councilor to serve as mayor rather than someone new to local government and the city. He said the city needs to have familiar faces on the federal and regional level. Council President Snider agreed with three terms as councilor and two terms as mayor for a possibility of five terms. It could be 3/2 or 2/3. Mayor Cook suggested making it effective for future council so there is no appearance of self- interest. Councilor Goodhouse disagreed and said if a current councilor wanted to run for a third term it is an advantage for the city to retain that experience. A discussion was held on what constitutes a break in service,with Council President Snider and Councilor Goodhouse suggesting a full term as a break. Councilor Henderson said he thought that was the intent. City Attorney Ramis asked council what their definition of consecutive years of service was. He asked,"Could the cap be defeated by resigning in the last six months of the term and then running again?" A discussion was held on the desired length of a break, City Attorney Ramis will develop some clarifications for council review. TIGARD CITY COUNCIL MINUTES -- MAY 12, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 l www.tigard-or.gov Page 12 of 13 Mayor Cook commented that three terms for council and two terms for mayor would come to 20 years so it might as well be unlimited. A discussion was held on having a 16-year cap. Mayor Cook suggested no more than two terms as mayor and no more than three terms as councilor in any combination with a 16-year cap. Councilors Woodard,Goodhouse, Henderson and Snider agreed. 10. NON AGENDA ITEMS There was none. 11. EXECUTIVE SESSION At 9:45 p.m.Mayor Cook read the Executive Session citation for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed, under ORS 192.660(2) (h). He said the Tigard City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. City Attorney Ramis left the meeting. The Executive Session ended at 10:16 p.m. 12. ADJOURNMENT At 10:16 p.m. Council President Snider moved for adjournment. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhousc ✓ Councilor Henderson ✓ Council President Snider ✓ Carol A. Kragcr,City ecordcr At t: John. . Cook, Mayor Iia TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 13 of 13 IIICity of Tigard ii `.. Tigard City Council Meeting Minutes TIGARD July 14, 2015 STUDY SESSION 6:30 p.m. Council Present: Mayor Cook, Councilor Henderson, Councilor Woodard, Council President Snider and Councilor Goodhouse. Staff present: City Manager Wine,Assistant City Manager Newton, City Attorney Rihala and City Recorder Krager A. COUNCIL LIAISON REPORTS. Councilor Woodard reported on the Relay for Life. He reported that the PRAB recommends that the community center should be called a community recreation center. Councilor Henderson said he was elected chair of the CDBG and commented that the program continues to shrink. He asked about the grant for the Hunziker property and City Manager Wine clarified the state would match the $1.5 million. Councilor Henderson handed out a copy of an engineer's report on the downtown art base work. City Manager Wine said she will forward it to City Engineer Faha and ask for a redesign if warranted. Council President Snider said the LO/COT Water Project is progressing well.An executive session will be scheduled in the near future. Councilor Goodhouse reported on the Westside Economic Alliance meeting. He noted that the TriMet payroll tax increase equals one-tenth of one cent for ten years. B. PROPOSED CHARTER AMENDMENTS Assistant City Manager Newton led a discussion of two proposed charter amendments and said she will prepare resolutions for council approval to place them on the ballot. 1. Allowing Council to Seek a City Office without Resigning—Council President Snider said this was something that Councilor Henderson requested because mid-term councilors are at a disadvantage. Councilor Henderson said it would create an issue if there are two councilors running and may lead to hard feelings. Councilors Henderson, Goodhouse and Snider were in favor of this and the Mayor agreed if it does not apply to sitting councilors. He said he does not want this to be for current council to avoid the appearance of being self-serving. Councilor Woodard said this could be a problem if all the council is running. TIGARD CITY COUNCIL MEETING MINUTES—July 14, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 1 of 28 Councilor Goodhouse said it will lead to a better pool and opens up the playing field so it is better for citizens. 2. Increasing Term Limits—Ms. Newton said council agreed to have a total cap of 16 years, but the mayor is limited to two terms. The 16 can be in any combination. Council President Snider and Councilors Woodard,Henderson and Goodhouse agreed. Mayor Cook said he wanted just a 16-year term limit total. Councilor Woodard said he thought it good to have new blood after someone has been mayor for two terms but agreed that experience is valuable. Mayor Cook said he wants to get public comment when this is discussed on the July 28 agenda. Administrative Items— City Manager Wine received council preferences for League of Oregon Cities conference. She asked if anyone was interested in participating in the elected official paddle on the Tualatin River. Councilors Woodard, Henderson and Goodhouse said they wanted to participate. There will be a council groundrules session on Monday,August 31 from 4-6 p.m. as a check in on leadership styles. Consultant Lenny Borer will contact each councilor prior to the meeting The council fifth Tuesday event might use a school as the venue. Assistant City Manager Newton will do some research. Councilor Goodhouse said that a banner would be helpful at offsite council events. Ms. Newton said Senior Management Analyst Wyatt posted some pictures from the July 7 Council Cookout on the Strategic Plan page on the website. 1E9 IJ 1. BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called to order the Tigard City Council and Local Contract Review Board. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None TIGARD CITY COUNCIL MEETING MINUTES—July 14,2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 2 of 28 IN s City of'Tigard -- Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Please note: Agenda Items No. 5 ;lir $„ .. „ _ . MEETING DATE AND TIME: July 14, 2015 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://livc.tigard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. ItCity of Tigard TIGARDTigard Business Meeting—Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Please note: Agenda Items No.5 MEETING DATE AND TIME: July 14, 2015 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM •STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. CONTINUED DISCUSSION ON CHARTER BALLOT TITLES 6:45 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. 7:30 PM I. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) A. Follow-up to Previous Citizen Communication B. Tigard Area Chamber of Commerce C. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council, Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 7:35 p.m. estimated time LOCAL CONTRACT REVIEW BOARD - A. APPROVE WORKERS' COMPENSATION INSURANCE FOR CITY VOLUNTEERS B. APPROVE THE PURCHASE OF FOUR 2016 FORD EXPLORERS AS POLICE FLEET REPLACEMENT VEHICLES C. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics 4. PUBLIC HEARING - CONSIDERATION OF COMCAST CABLE FRANCHISE AGREEMENT RENEWAL 7:40 p.m. estimated tune 5. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER APPEAL OF HERITAGE CROSSING ZONE CHANGE AND SUBDIVISION (ZON2015-00002, SUB2015-00001, VAR2015-00001) 8:00 p.m. estimated time 6. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER APPROVAL OF ROSACKER ANNEXATION (ZCA2015-00001) 8:50 p.m. estimated time 7. AUTHORIZE THE CITY MANAGER TO SIGN A PROPERTY PURCHASE AGREEMENT 9:00 p.m. estimated time 8. CONTINUED DISCUSSION ON COMMUNITY CENTER BALLOT TITLE APPROVAL 9:05 p.m. estimated time 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. 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. 11. ADJOURNMENT 9:35 p.m. estimated time Ili City of,Tigard ■ Tigard City Council Meeting Agenda TIGARD July 14, 2015 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. CONTINUED DISCUSSION ON CHARTER BALLOT TITLES 6:45 p.m. estimated time • Assistant City Manager Newton Administrative Items: LOC Conference in Bend,September 24-26 Elected Officials Tualatin River Paddle, Saturday, August 1, 2015, 7:30 a.m. Session with Lenny Borer,August 31, 4-6 p.m.,Location TBD Council Calendar July 7 Tuesday Cookout with Cite Council—6:00-8:00 p.m.,Summerlake Park 14* Tuesday Council Business Meeting—6:30 p.m.,Town I-lall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council Business and CCDA Meeting—6:30 p.m.,Town Hall August 4 Tuesday City Center Development Agency Meeting—Cancelled Due to National Night Out 11* Tuesday Council Business Meeting—6:30 p.m.,Town I-Tall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall September 1 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 8* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 22* Tuesday Council Business Meeting—6:30 p.m.,Town I-fall 29 Tuesday Councilors 5x1x10 Meetings Regularly scheduled Council meetings are marked with an asterisk (*). [w , J - ' - hi, 45 (\ .,., I' Ir. _ti„, .. .. .,, . , t _ , _ ot-Aie .. .. ...- , . , ._._ ,, -,..:',..* , ' - ft --......** .1'. - '4 „ -_,, --- - .-- ' , . 4 • ''II'. ii:of il' , .P "C, -.. *A. ' . Or • r •a! ! I. 0 1srt. GRAB YOUR PADDLE. Once again, Tualatin Riverkeepers is hosting a paddle 4. race for elected officials on the Tualatin River. This year, besides launching your canoes and kayaks, we will be launching a new Paddler's Map and Water -.--t..;-:-.._....-21"... ,4%, Trail Signage thanks to the generous support of the Washington County Visitors Association. ., u t We provide the boats, life jackets, and paddles. You y provide the muscle and the entertainment. We urge you to 2014 Winners from the Newberg City challenge your fellow officials or political opponents to Council race. Honor, glory and a trophy canoe paddle goes to the winner Click to Reserve Your Boat Now Online Now! Saturday August 1 , 2015 4.4» 4 . 4.' .� Cook Park Boat Ramp '` y °_,,, 17005 SW 92nd Ave, Tigard, OR 97224 .,....:14, ti jt-Natt' i *4' Please arrive by 7:30am for 8:00am launch. ,, ! '" Brian Wegener 503-218-2580 S.,�.10_ Brian@tualatinriverkeepers.orgWorking to protect and restore TUALATIN ) Oregon's Tualatin River System. RIVERKEEPERS , Vim.. , IS' yip\ ' - v 4 AS`s ' . ► 3-a_ AIS-2067 A. Business Meeting Meeting Date: 07/14/2015 Length (in minutes): 15 Minutes Agenda Title: Council Liaison Reports Submitted By: Norma Alley, City Management Item Type: Update, Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Council will present liaison reports. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Nofile(s)attached. AIS-2282 B. Business Meeting Meeting Date: 07/14/2015 Length (in minutes): 30 Minutes Agenda Title: Continued Discussion on Charter Ballot Titles Prepared For: Liz Newton, City Management Submitted By: Norma Alley, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Review proposed language for two amendments to the City's Municipal Charter. STAFF RECOMMENDATION / ACTION REQUEST Review and reach consensus on the draft language for the two proposed amendments to the City's Municipal Charter. KEY FACTS AND INFORMATION SUMMARY At the conclusion of the council's discussion at the June 2 meeting, consensus was reached on placing two amendments to the city's Municipal Charter before the voters in November 2015. The first amendment would allow sitting City Council members to seek election to a city office without resigning their current position. (Amendment I attached.) The second amendment would allow council members to serve sixteen consecutive Fears instead twelve as currently provided for in the Charter. The draft language reflects the adopted May 12, 2015 council minutes (attached) and limits councilors to no more than three consecutive 4-year terms and the mayor to no more than two consecutive 4-year terms in an ' combination not to exceed 16 consecutive years total service (Amendment 2 attached.) As drafted, both amendments would apply to current members of the city council. OTHER ALTERNATIVES 1.) Revise the language of one or both of the proposed charter amendments. 2.) Refer only one charter amendment. 3.) Delay action until a later date. 4.) Decline to refer either proposal. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Included as an item in the list of"Issues for Further Council Discussion" in the 2015-17 Tigard City Council goals adopted January 27, 2015. DATES OF PREVIOUS COUNCIL CONSIDERATION December 22, 2014 March 17, 2015 May 12, 2015 June 2, 2015 Attachments Proposed Charter Amendment #1 Proposed Charter Amendment#2 Excerpt of Mai• 12,2015 Cite Council minutes Amendment 1 CAPTION: AMENDS CHARTER ALLOWING COUNCIL TO SEEK CITY OFFICE WITHOUT RESIGNING QUESTION: Shall the Charter be amended to allow sitting City Council members to run for City office without resigning current position? SUMMARY: The current Tigard City Charter("Charter") requires an elected city official to resign from their office prior to seeking another elected City position, if there is overlap between the terms for the positions. This measure, if approved, would amend Section 7 of the Charter to remove the requirement that a person who is currently holding an elected position, as either Mayor or City Councilor, may not become a candidate for another City office held concurrently with their current position, unless that person first resigns from their currently held elected position. This would allow an elected City Councilor to run for Mayor without resigning their Council seat, if their council seat term overlapped with the mayoral term Amendment 2 CAPTION: AMENDS CHARTER TO ALLOW ADDITIONAL TERM QUESTION: Shall the Charter be amended to allow Council Members to serve sixteen consecutive years instead of twelve consecutive years? SUMMARY: This measure, if approved, would amend Section 7 of the City of Tigard Charter ("Charter") to provide that no person may serve on the City Council, as either the Mayor or a City Councilor, for more than sixteen consecutive years. Currently, under the Charter, no person may serve on the City Council for more than twelve consecutive years. This measure will change the term limits for the City Councilor, position from eight consecutive years to twelve consecutive years. The Mayor position would remain capped at eight consecutive years. Under the new measure a person could serve a total of sixteen consecutive years. The Charter provision providing that the term limitations would not apply to the filling of an unexpired term would remain unchanged. This change, if approved, would apply to the current City Council and to City Councils elected in the future. ACTUAL CHARTER AMENDMENT (not included in the ballot title but we can put the relevant portion in the respective explanatory statements)(added language underlined, deleted language stricken): Section 7. Mayor And Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight twelve consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve sixteen consecutive years. These limitations do not apply to the filling of an unexpired term. submits a-w t -fesignat4on from the-t - -. z -.other in the office-not later than •- - - - - - - - . - _ - at Pers)44 -cancliflate. In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the state of Oregon and City ordinances not inconsistent with such election laws.The Council may appoint a person to fill a vacancy until an election can be held. Councilor Woodard asked for City Attorney Ramis'perspective about whether the location should be defined in the ballot measure,as well as the costs and who the operator will be. City Attorney Ramis said council has broad authority to decide whether to put this on the ballot,when to do so and how much they want to fund. He said another possibility is seeking authority financially first and return with a measure. Councilor Woodard asked if a location could be defined as one-half mile out from a point in the city center. City Attorney Ramis said it could. Council President Snider said he sensed the excitement in"Town Hall. He said it is very important to put something on the ballot that is well thought through. He would like to see this on the November ballot this year but had concerns that it be done well so it passes. He said council also needs to see how it fits with other city priorities because the city does not have the staff to be able to drop everything else and work solely on this. Councilor Goodhouse asked where the telephone survey numbers came from. Consultant Baker said Daxko works through a credible vendor to receive the contacts. They buy lists that are not just home phone numbers. He asked if the survey respondents wanted a recreation facility in general or were they asked if they wanted a YMCA.City Manager Wine said the study that Tigard conducted did have a specific question to determine what the demand was for a recreation program in general. Consultant Miller added that many questions on the YMCA study related to current exercise habits and use of facilities were asked without a Y prompt. Councilor Goodhouse noted that 80 percent of people polled were over 50 years of age. Consultant Miller said phone surveying industry-wide skews towards over 50 but they normalize the data so it is not affected by age for data analysis. In response to a question from Mayor Cook, she said screening questions included income over$50,000 annually and higher household incomes include more homeowners than renters. Mayor Cook asked about the percentage of revenue going towards charitable cases and asked how much charity the Sherwood Y provides. Mr. Hall responded that he did not know the exact numbers for Sherwood but the average is 25 percent. Mayor Cook thanked Mr. Hall and Consultants Miller and Baker for coming to Tigard and said he looked forward to continuing this discussion at the May 19 workshop meeting. 9. CONTINUED DISCUSSION ON TIGARD CITY CHARTER REVIEW Assistant City Manager Newton introduced this item and summarized the issues heard at the March 17 workshop. She said she is looking for direction from council on how to move forward in order to file by August 14. Councilor Henderson asked how the ballot would appear. Assistant City Manager Newton said the city attorney would draft the language,voters would see the old and new language and could vote to support change or not. City Attorney Ramis confirmed that each item requires an individual vote. He said the council has unlimited discretion on what they want to put on the ballot. TIGARD CITY COUNCIL MINUTES- MAY 12, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Paje 11 of 13 Mayor Cook said there is a petition being circulated to place a two-term limit on county commissioners on the ballot and this will show the will of the people. He said that locally,voting someone out is a term limit. He asked council if they want to make it unlimited or have three terms total,in any combination of mayor/councilor. Councilor Henderson said he wants to see more retention of seniority and knowledge but there should be three terms at a maximum. Council President Snider said he is a huge proponent of single-term term limits for each federal and even some state offices,in particular where the political system has been clouded by money. He said even at the City of Portland level,a scandal means getting voting out which is in effect, a term limit. He said that is a more effective way to limit terms at the local level than in Washington DC,where tenure has become a problem. He said he was also concerned about the appearance that the charter amendments arc self-serving to the existing city council. He suggested a way to eliminate that would be to put in a provision that the changes do not go into effect until the current council leaves office. ID Councilor Goodhouse said he was initially favorable to term limits but wants to avoid too much turnover to retain some familiarity and history. With constant turnover no one knows why decisions were made. He suggested three years for council and three years for mayor,with a councilor able to become mayor or vice versa. He agreed that being voted out is a term limit and added that local candidates do not need to spend a lot of money to be elected. Councilor Goodhouse said his first choice was no term limits and second choice was three and three. Councilor Woodard said he was in favor of three terms for councilors but only two terms for mayor. He suggested a mayor take a break after leaving office before running for council to avoid burnout. He also mentioned a concern about mayors being drawn into regional issues by the regional government and there is no way for mayors to push back. City Manager Newton said she was hearing support for a three-term limit for council and a two- term limit for mayor and removal of the 12-year limit. Councilor Goodhouse suggested a scenario of someone with two terms as councilor then being elected for two terms as mayor. This would enable an experienced councilor to serve as mayor rather than someone new to local government and the city. He said the city needs to have familiar faces on the federal and regional level. Council President Snider agreed with three terms as councilor and two terms as mayor for a possibility of five terms. It could be 3/2 or 2/3. Mayor Cook suggested making it effective for future council so there is no appearance of self- interest. Councilor Goodhouse disagreed and said if a current councilor wanted to run for a third term it is an advantage for the city to retain that experience. A discussion was held on what constitutes a break in service,with Council President Snider and Councilor Goodhouse suggesting a full term as a break. Councilor Henderson said he thought that was the intent. City Attorney Ramis asked council what their definition of consecutive years of service was. He asked,"Could the cap be defeated by resigning in the last six months of the term and then running again?" A discussion was held on the desired length of a break. City Attorney Ramis will develop some clarifications for council review. TIGARD CITY COUNCIL MINUTES - MAY 12, 2015 City of Tigard j 13125 SW Hall Blvd.,Tigard,OR 97223 ) www.tigard-or.gov Page 12 of 13 Mayor Cook commented that three terms for council and two terms for mayor would come to 20 years so it might as well be unlimited. A discussion was held on having a 16-year cap. Mayor Cook suggested no more than two terms as mayor and no more than three terms as councilor in any combination with a 16-year cap. Councilors Woodard, Goodhouse,Henderson and Snider agreed. 10. NON AGENDA ITEMS There was none. 11. EXECUTIVE SESSION At 9:45 p.m. Mayor Cook read the Executive Session citation for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed,under ORS 192.660(2) (h). I-k said the Tigard City Council will adjourn from Red Rock Creek Conference Room after the Executive Session. City Attorney Ramis left the meeting. The Executive Session ended at 10:16 p.m. 12. ADJOURNMENT At 10:16 p.m.Council President Snider moved for adjournment. Councilor Woodard seconded the motion and all voted in favor. Yes No Councilor Woodard ✓ Mayor Cook 1 Councilor Goodhouse 1 Councilor Henderson ✓ Council President Snider ✓ n Carol A. ltrager,City Recorder A G John I Cook,Mayor I I)a yjI TIGARD CITY COUNCIL MINUTES- MAY 12, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 13 of 13 City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 15-13 AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT CPA2015-00002, TO REMOVE .12 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND AND STREAM CORRIDOR MAP" INVENTORY City Recorder Krager conducted a roll-call vote of Council. Mayor Cook announced that Ordinance No. 13-15 passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ 6. CONSIDER RESOLUTIONS APPROVING SUBMITTAL OF PROPOSED CITY OF TIGARD CHARTER AMENDMENTS TO THE VOTERS ElAssistant City Manager Newton presented this item and said each charter amendment will be considered separately with a separate resolution to submit the amendment to the voters. First Charter Amendment Ms. Newton said if the first resolution is approved the charter would be amended to allow city council members to seek city offices while in their current position on the council. Staff put a short survey on the website on this proposed amendment and the feedback was split; 28 in support and 24 not in support. Councilor Henderson said the survey helped him understand this issue from more than his initial point of view. He said the more he looked at this the more he had doubts the public would pass it and he will vote against it. Council President Snider noted that Councilor Henderson's thoughts on this had evolved. He found the survey comments interesting. Many were negative and showed a fair number of people think council has full-time elected positions and would be distracted if running for another full- time office. He suggested the survey was not worded well if it created this much confusion. He was not aware that so many people believed council is employed by the city. Mayor Cook said he did not think council's votes should be based on what they think the public will do. He added that neither of these charter amendments should apply to sitting councilors. He said if that part is changed he could support this. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 19 Councilor Woodard gave a scenario he thought might not be balanced. If a new councilor is elected and is off cycle with the mayor's position,he may run against a four-year councilor and the mayor. Three people would then be running for the same scat. If the inexperienced councilor is elected, the city loses an experienced mayor and councilor at the same time. He said this was difficult to resolve. Councilor Goodhouse said he supported it by relating it to a corporation. Experienced people should be promoted and be allowed to run for an opening without resigning their current position. If an experienced councilor was not elected to the mayor's position,it is not the best thing for them to lose their existing position, because their experience will be lost to the city. He said the way the terms are staggered now, two can run without affecting the time left on their seat and two could not. This amendment is more equitable and gives the citizens more candidate choice and a more experienced council. Council President Snider moved for approval of Resolution No. 15-37 but it will not apply to current council. Councilor Goodhouse seconded the motion. Mayor Cook asked if anyone in the audience wanted to speak on this proposed charter amendment. Cole Weber, 12414 SW 72nd Avenue,Tigard, OR,said the situation seems dangerous to have someone running for office when they already have a position and would be splitting time between two separate jobs. He said because the elected positions require significant time and energy it might be detrimental to the other councilors and would involve competition between them. He said he understands the benefit of being able to run for mayor without risking their own position. Mayor Cook responded that Mr. Weber's first concern happens already. He said he campaigned for mayor while serving as mayor. A councilor can campaign for Metro Council, for example, while serving on the council. He said council is required to spend a certain amount preparing for meetings and making appearances,but other than that we cannot control someone's volunteer time. Councilor Goodhouse clarified that an elected official cannot hold two positions. If a councilor ran for mayor and won, they would no longer hold the councilor seat. Mayor Cook added that this happened in West Linn and Sherwood in the last few months. Two councilors ran against each other for mayor. One was elected mayor and the other kept their seat as councilor. They will have an election to fill the vacant council seat. Tigard's requirement for resignation if running for another open seat is not typical for this area. City Recorder Kruger read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 19 RESOLUTION NO. 15-37 - A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION, WHICH WOULD AMEND SECTION 7 OF THE CHARTER TO ALLOW COUNCIL MEMBERS TO RUN FOR CITY OFFICE WITHOUT RESIGNING CURRENT POSITION, BUT DOES NOT APPLY TO CURRENT COUNCIL Mayor Cook asked if there was further discussion. Councilor Woodard said the issue needs more consideration but acknowledged there was not enough time. Councilor I-lenderson said through discussions with others he realized this is a confusing measure to put before the people. He said what lie does not want to happen is for people to believe that council is changing the rules to benefit themselves. Mayor Cook conducted a vote on Resolution No. 15-37 noting that it does not apply to current council. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that the motion passed by a majority. Assistant City Manager Newton asked City Attorney Rihala to make the language change. Second Charter Amendment Assistant City Manager said there is a maximum of sixteen years,with two four-year terms for mayor and three councilor four-year terms. This had reduced support from the survey. Mayor Cook asked if there was anyone in the audience wishing to speak on this charter amendment. Reid Iford, 11575 SW Pacific Highway, Suite 151 Tigard, OR said the survey sampling was too small to have any bearing. He said it is a good idea to put this on the ballot. Citizens have their own means of determining how long someone stays in office. He said he thought citizens will support the charter amendment. Councilor Goodhouse mentioned the issue of a councilor being able to serve two terms and then if elected to mayor would only be allowed one term under the current term limits. That is why council came up with a total of sixteen years. He commented that on a recent trip to Washington DC, Mayor Cook secured a federal grant for Tigard's Wall Street. He is known there and experience is important when representing a community. lie said this amendment just adds four years and council is not seeking unlimited terms. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard 1 13125 S\V Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 19 Councilor I Ienderson said he thought this measure was too complicated for the public to understand. The original discussion was about adding a third term for councilors and this is what he wanted. He said he can support this if the total stayed at twelve years but could not support sixteen years. Councilor Goodhouse said experience is important. Councilor I-Ienderson said it is important to have councilor experience before running for mayor but he did not think anyone would move from mayor to a councilor position. Councilor Goodhouse commented that Mayor Cook was rare in that he was elected mayor without being on the council previously but was well known in the community. Councilor Woodard said he wanted to retain experience. Council President Snider said a survey size of 62 from a population of 50,000 is a very small number. He said sixteen years is a long time but from a fairness and equity standpoint, he thought that someone with two terms of council experience should be able to serve two terms as mayor. Councilor Goodhouse said what he noticed most from the survey was the confusion. lie suggested changing it to say two terms for council and two terms for mayor. Council President Snider said the current council is managing millions of dollars of multi-year projects and having some longevity from a policy perspective is the right thing to do. Councilor Goodhouse agreed, saying there needs to be someone with the background to know why something was decided or why someone was hired. Councilor Woodard said he changed his mind and suggested going back to the original language of sixteen years and letting the people decide. Councilor Goodhouse moved to approve Resolution No. 15-38. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-38 -A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION,WHICH WOULD AMEND SECTION 7 OF THE CHARTER TO ALLOW COUNCIL MEMBERS TO SERVE SIXTEEN CONSECUTIVE YEARS INSTEAD OF TWELVE CONSECUTIVE YEARS Councilor Woodard said when he first brought this up he thought it should apply to current council so you retain their experience. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider V Councilor Woodard V Mayor Cook announced that Resolution No. 15-38 passed by a 3-2 vote. TIGARD CITY COUNCIL MEETING MINUTES—July 28,2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 19 AIS-2252 6. Business Meeting Meeting Date: 07/28/2015 Length (in minutes): 30 Minutes Agenda Title: Consider Resolutions Approving Submittal of Proposed City of Tigard Charter Amendments to the Voters Prepared For: Liz Newton Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting- Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Council place the following two amendments to the Tigard Municipal Charter before Tigard voters on the November 3,2015 ballot? •Amendment 1: Amends Charter Allowing Council to Seek City Office'Without Resigning •Amendment 2: Amends Charter to Allow Additional Term STAFF RECOMMENDATION / ACTION REQUEST Consider,and conduct separate votes on each of the two attached resolutions to place Charter amendments before Tigard voters on the November 3,2015 ballot. KEY FACTS AND INFORMATION SUMMARY At the July 14,2015 study session,a majority of councilors voiced support for placing two amendments to the City's Municipal Charter before voters in November 2105. The first amendment, if approved by voters,would allow sitting City Council members to seek election to a city office without resigning their current position. The second amendment would allow council members to serve sixteen consecutive years instead of twelve as currently provided for in the Charter. If approved, each of the charter amendments would apply to current council members. Staff posted a short survey on the city's website on Thursday, July 16 to allow voters an opportunity to provide feedback to city council on the proposed amendments. Staff will present a summary of the comments at the July 28 council meeting. There are two resolutions attached;one for each proposed amendment. Separate votes are required on the resolutions. OTHER ALTERNATIVES N/.1 COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Included as an item in the list of"Issues for Further Council Discussion in the 2015-17 Tigard City Council goals adopted January 27,2015. DATES OF PREVIOUS CONSIDERATION December 22,2014 March 17, 2015 May 12,2015 June 2, 2015 July 14,2015 Attachments Proposed Charter Amendment I Proposed Charter Amendment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMI F!ING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION, WHICH WOULD AMEND SECTION 7 OF THE CHARTER TO ALLOW COUNCIL MEMBERS TO RUN FOR CITY OFFICE WTTHOUT RESIGNING CURRENT POSPI"ION WHEREAS, after due consideration, the Tigard City Council has decided to forward a proposed Charter Amendment to the voters. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard, Washington County, Oregon, for the purpose of submitting to the legal voters the question of whether the Charter should be amended to allow sitting City Council members to run for City office without resigning current position. SECTION 2: The measure election hereby called shall be held in the City of Tigard on the 3rd day of November, 2015. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The Tigard City Council authorizes the mayor, the city manager (each an "authorized representative") or a designee of the authorized representative to act on behalf of the City of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.285 and ORS 254.095, the Tigard City Council directs the city elections officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office, unless, pursuant to a valid ballot title challenge, the Tigard City Council certifies a different Notice of City Measure Election be filed, such filing shall occur no earlier than the eighth business day after the date on which Exhibit A is filed with the city elections officer and not later than September 3, 2015. SECTION 4: The city elections officer is further instructed to publish notice of receipt of the ballot title in a newspaper of general distribution in compliance with ORS 250.275(5). SECTION 5: Pursuant to ORS 251.345, the Tigard City Council directs the city manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the city elections officer. SECTION 6: The Act, containing the full Charter amendment,is attached hereto as Exhibit B and included in this resolution by reference. SECTION 7: This resolution is effective immediately upon passage. Page 1 - RESOLUTION NO. 15- 50014-36799 1260444_3 docxtCAK/7n9/2015 PASSED: This day of , 2015. Mayor- City of Tigard A'I`1ES'I': City Recorder- City of Tigard Page 2 -RESOLUTION NO. 15- 50014-36799 1260444 3.docxICAK/7/29/2015 EXHIBIT A NOTICE OF CITY MEASURE ELECTION Notice of Measure Election SEL 802 rev 1/14:ORS 250.035,250.041, City 250.275.250.285,254.095,254.465 Notice Date of Notice I Name of City or Cities I Date of Election City of Tigard November 3,2015 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure AMENDS CHARTER ALLOWING COUNCIL TO SEEK CITY OFFICE WITHOUT RESIGNING. Question 20 words which plainly phrases the chief purpose of the measure Shall the Charter be amended to allow sitting City Council members to run for City office without resigning current position? Summary 175 words which concisely and impartially summarizes the measure and its major effect The current Tigard City Charter("Charter") requires an elected city official to resign from their office prior to seeking another elected City position, if there is overlap between the terms for the positions. This measure, if approved, would amend Section 7 of the Charter to remove the requirement that a person who is currently holding an elected position, as either Mayor or City Councilor, may not become a candidate for another City office held concurrently with their current position, unless that person first resigns from their currently held elected position. This would allow an elected City Councilor to run for Mayor without resigning their Council seat, if their council seat term overlapped with the mayoral term. Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters' pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance,for an initiative or referendum. Measure Type I County producing voters'pamphlet Local ordinance requiring submission I Explanatory statement required ®Referral ®Yes ❑No Not applicable ®Yes ❑No ❑Initiative ❑Yes 0 No 0 Yes ❑No ❑Yes 0 No ❑Referendum ❑Yes 0 No 0 Yes 0 No 0 Yes 0 No Authorized City Official Not required to be notarized -3 By signing this document, I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Name I Title I Work Phone Signature I Date Signed Exhibit A 50014-36799 @BCL@9C135558(S/7/20/2015 EXHIBIT B AN ACT A Charter amendment submitted to the voters by the Tigard City Council. The Charter of the City of Tigard is amended to read (new language is underlined,deleted language is stricken) as shown below and referenced in City of Tigard Resolution No. 15- Section 7. Mayor And Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990,and every fourth year thereafter,a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight consecutive years,nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve consecutive years. These limitations do not apply to the filling of an unexpired term. In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held,it shall be held in accordance with the election laws of the state of Oregon and City ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held. Exhibit B 54014-36799@BCL@BC135558IS17/208015 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 15- A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION, WHICH WOULD AMEND SECTION 7 OF THE CHARIER TO ALLOW COUNCIL MEMBERS TO SERVE SIXTEEN CONSECUTIVE YEARS INSTEAD OF TWELVE CONSECUTIVE YEARS WHEREAS, after due consideration, the Tigard City Council has decided to forward a proposed Charter Amendment to the voters. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: An election is hereby called in and for the City of Tigard, Washington County, Oregon, for the purpose of submitting to the legal voters the question of whether the City's Charter should be amended to allow City Council members to serve sixteen consecutive years instead of twelve consecutive years. SECTION 2: The measure election hereby called shall be held in the City of Tigard on the 3rd day of November, 2015. The election shall be conducted by mail pursuant to ORS 254.465 and 254.470. SECTION 3: The Tigard City Council authorizes the mayor, the city manager (each an "authorized representative") or a designee of the authorized representative to act on behalf of the City of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 4: Pursuant to ORS 250.285 and ORS 254.095, the Tigard City Council directs the city elections officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office,unless,pursuant to a valid ballot title challenge, the Tigard City Council certifies a different Notice of City Measure Election be filed, such filing shall occur no earlier than the eighth business day after the date on which Exhibit A is filed with the city elections officer and not later than September 3,2015. SECTION 4: The city elections officer is further instructed to publish notice of receipt of the ballot title in a newspaper of general distribution in compliance with ORS 250.275(5). SECTION 5: Pursuant to ORS 251.345, the Tigard City Council directs the city manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the city elections officer. SECTION 6: The Act,containing the full Charter amendment,is attached hereto as Exhibit B and included in this resolution by reference. Page 1 - RESOLUTION NO. 15- 50014.36799@BCL@38059F6F1577/20/2015 SECTION 7: This resolution is effective immediately upon passage. PASSED: This day of ,2015. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard Page 2- RESOLUTION NO. 15- 50014-36794@BCL@38o59F6FRS'I//0w2o16 EXHIBIT A NOTICE OF CITY MEASURE ELECTION Notice of Measure Election SEL 802 rev I'14'ORS 250.035,250.041, City 250.275,250.2$5,254,095,254,465 Notice Date of Notice I Name of City or Cities I Date of Election City of Tigard November 3,2015 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure AMENDS CHARTER TO ALLOW ADDITIONAL TERM. Question 20 words which plainly phrases the chief purpose of the measure Shall the Charter be amended to allow Council Members to serve sixteen consecutive years instead of twelve consecutive years? Summary 175 words which concisely and impartially summarizes the measure and its major effect This measure, if approved, would amend Section 7 of the City of Tigard Charter("Charter") to provide that no person may serve on the City Council, as either the Mayor or a City Councilor, for more than sixteen consecutive years. Currently, under the Charter, no person may serve on the City Council for more than twelve consecutive years. This measure will change the term limits for the City Councilor position from eight consecutive years to twelve consecutive years. The Mayor position would remain capped at eight consecutive years. Under the new measure a person could serve a total of sixteen consecutive years. The Charter provision providing that the term limitations would not apply to the filling of an unexpired term would remain unchanged. This change, if approved, would apply to the current City Council and to City Councils elected in the future. Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters' pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance,for an initiative or referendum. Measure Type I County producing voters' pamphlet Local ordinance requiring submission I Explanatory statement required ®Referral ®Yes ❑No Not applicable ®Yes 0 No ❑ Initiative ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑ Referendum 0 Yes 0 No ❑Yes 0 No 0 Yes ❑No Authorized City Official Not required to be notarized 4 By signing this document, I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Name I Title I Work Phone Signature I Date Signed Exhibit A 50014.36799 @BCL@38059F6F15/7R017015 EXHIBIT B AN ACT A Charter amendment submitted to the voters by the Tigard City Council. The Charter of the City of Tigard is amended to read (new language is underlined,deleted language is stricken) as shown below and referenced in City of Tigard Resolution No. 15- Section 7. Mayor And Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990,and every fourth year thereafter,a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight twelve consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelv=e sixteen consecutive years. These limitations do not apply to the filling of an unexpired term. No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office. A resignation submitted to satisfy this section shall not be withdrawn. A resignation shall be adequate for purposes of this section if it provides for the termination of the signer's service in the office not later than the last day before service would begin in the office for which that person seeks to become a candidate. In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the Council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held,it shall be held in accordance with the election laws of the state of Oregon and City ordinances not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be held. Exhibit B 50014-3679942BCL@38059F6F1S/7202015 SUPP ENTAL PACKET 111 q FOR Age City of Tigard (DAT OF MEETING) ig TIGARD Memorandum 4 6.; c4/04- EM 6 To: Honorable Mayor and City Councilors From: Liz Newton, Assistant City Manager Re: Survey Results on Two Proposed Charter Amendments Date: July 27, 2015 The City of Tigard conducted an online survey of residents about proposed charter amendments using Survey Monkey between July 16 and July 26. Tigard residents were invited to participate through links on the city's website, social media prompts and a listsery email that reached more than 3,000 recipients on the city's email list. Respondents were asked to respond to the following question: "On July 28, the City Council will consider resolutions that, if approved, will place one or two proposed City Charter amendments before voters in November. Amendment 1 would amend the charter allowing sitting City Council members to run for city office without resigning current position. Amendment 2 would amend the charter to allow council members to serve 16 consecutive years instead of 12 consecutive years. What do you think?' Fifty-nine (59) individuals responded to the survey question. Residents were also asked to identify how they learned about the survey. Half of the respondents found out about the survey by social media, such as Twitter, a quarter learned about it from the city's website and another quarter heard about it from another source, which includes the email from the city. How did you learn about this survey? (N=59) Answer Options Response Percent Response Count Social media 50.0% 29 City website 27.6% 16 From someone you know 5.2% 3 Other 22.4% 13 answered question 58 skipped question 1 Responses From All Respondents Are As Follows (N=59): Do you really think that we want to make it easier for you to keep your beauracratic button in office? The people that brought us water and sewer rates ten times more expensive than phoenix 1 az.?really? ---- __._--- -- - 1) I don't see why not as long as it doesn't interfere with their duties 2) yes Amendment 1, no. If there is no risk in losing a position then there is no reason not to seek permanent position within the Council and associated positions. Changing this would allow a safety net for attempts to work around term limits. Amendment 2, NO. Longer terms are extremely detrimental to the public. Favoritism, abuse of power, and stagnation far outweigh any claimed value for experience. I think the City Council member should resign when running for a new position. Amendment 2, should not amend the charter to allow a council member to serve 16 years. I hear so much about the changing demographics of Tigard; if so then there should be more frequent changes to those who represent the changing demographics. I am okay with Amendment 1. Amendment 2 seems to long to be in office - even if voted in to office. By having such a long service period does not give opportunity for others run for office, which then does not give the City the new opportunities to change. Self-serving, please exclude sitting councillors. Allow council members to run for city offices without resigning. Do NOT extend the amount of time for a council position. Yes to amendment 1 NO to amendment 2 I think 12 years is enough and the charter should stay as it currently is. Term limits can be in a good thing. I also think sitting city council members should should resign their current position before running for another office. It seems they would be too busy running for the new job to give much time or energy to what they were elected to do on the city council. The sitting Wisconsin governor is a perfect example. I've read many articles about the disgruntled Wisconsin citizens who feel they don't have a governor. I agree with amendment 1 I disagree with amendment 2 I think 16 years is too long Yes on both. In government, we often hear complaints that some officials hold positions too long. While in some cases, that may be true, however governing is not always a simple process, nor it is easy to learn, it takes time. We need experienced members who thoroughly understand, 2 and will mentor the incoming members. Amendment 1 ok. No on Amendment 2. I think#1 is a good idea, to let folks get experience in one office and possibly move up. I think #2 is NOT a good idea as folks get entrenched. Need new blood for new ideas. Approve 12 years is enough. We need to keep ideas flowing. Be progressive. No. Yes on amendment 1, no on amendment 2 No on both. Those decisions should not be allowed to be made by the members themselves, but should be sent through channels that allows the general populous to vote each person in or out. No need to resign. 16 years is plenty long. Amendment 1 is fine as long as no taxpayer money is allowed to be used for campaigning. Amendment 2 should be reducing the term limits instead of increasing them. 1) I think that this is 2) I think that term limits are very important. Especially when combined with the proposed Amendment 1, there is no need to expand the number of years as a member of the council/mayor. It is important to better allow the opportunity for newer and fresh ideas for the betterment of the community. Without a forced halt, it is too easy for someone to become a career politician making it more difficult to make room for improvements for the city instead of improvements for special interests. In favor. Amendment 1, go for it. If you win we want your time to be focused on the city job, not city job & council. Amendment 2, no. After 12 years we need to let new people bring fresh ideas, outside perspectives, and allow others to climb the ladder of their community. An elected official should spend His or Her time with the work they were elected to do. Their work should not be divided up between campaigning for a new office and focus on their current responsibilities. They should resign before they pursue other offices. 3 1. Agree. A position on council guaranteed if not selected. 2. Do not agree. Fresh perspective needed. Unless I read incorrectly, amendment 1 would allow a person to serve 2 different elected positions. I do not believe this is in the best interest of the people. However, the amendment does not prohibit a person from campaigning while serving an elected position. Amendment 2 is bad for the people. Our government has already too many career politicians, which only serves that individual. Term limitation should remain as is or reduced, not extended. 1. I think Council members would not put their full efforts into their job if they did not resign their seat before seeking a different position. I do not approve of Amendment 1. 2. I think 12 years is more than enough. I do not approve of Amendment 2. I think the current charter is most accurately defining what the public wants from its elected officials. To allow a person to remain in a position while running for another position is contrary to the benefits of the people. Adding additional time available for the politicians to run our City again is not advantageous to the people. Change is often necessary to accomplish good things and change of the personnel on the council is easier with the term limits as they currently exist. In fact most people would prefer to shorten the term limits rather than lengthen them. Hopefully these charter amendments will go to the people and be defeated. Career politicians are not needed in our city. Fine with me! Don't like either. Running for office, to me, is at least a part time workload, so if the candidate has a city job they should reduce their hours at minimum. Earning a paycheck on the city's dime while campaigning is not a good idea and waste of tax payers money. 12 Years is enough. 12 years is actually too long. No, I think more than 12 years would constitute a monopoly I approve. 1 -YES 2 -NO, TOO LONG I disagree with both proposals. If you want to run for a city office you need to resign your 4 current position. What you want is a guarantee that you will still have a •position just in case you don't win. I think after 12 years it is time for a fresh set of eyes and views. 16 years is too long to serve. I also think 12 years is too long. Should not be amended. They need to decide which they want. Also 12 years may be too much should not be increased to 16! Amendment # 1 NO. Running for an office while serving is cheating the taxpayers. If it's that important to run - resign your present job. Else don't run. Amendment # 2 NO. Twelve years is more than enough to pursue any agenda a person may have. It's definitely time to step aside and get some fresh people into office after 12 years. Sixteen years is HALF of a person's working career! Absolutely not.!! Time to go get a real job and stop feeding at the public trough. Too much 'trough' time for anyone's good. Yes on both. I'm against both. Make a commitment and keep to it. If elected for an office, serve the whole term before seeking something else. And no lengthening of terms. Too long is not good. Neither of these seem like outrageous proposals to me. I would hate to see a valuable city council member resign in order to pursue a position that may advance their career! If they are good for the city, let them keep their current office and if things work out in their favor, then they can resign and a replacement can be found. I'm not sure if four extra years is necessary for a council member. I would have to think about that one if it were on the ballot. Yes, I think they should be allowed to run and only resign if elected. I think the 12 consecutive years should stay in place. I could support both; my only concern with amendment 1 is, what happens if, say, a current council member runs for mayor and is elected? You propose a special election; I would avoid that cost and have the council appoint a person to fill the vacant spot, at least until the next regularly scheduled election. (I.e., don't hold a costly special election just for this.) I concur with the change to allow a sitting council member to run for mayor without needing to resign his/her position. However, I disagree with lengthening the terms of council members to 16 years. We have gotten way far away from the idea of citizen legislators and now we have political permanency in office. Not good! I do not endorse either of these amendments. First, city employees that are running for office while holding a tax payer funded position are in effect wasting tax payer money on their own 5 personal gain. Second, Government office was never intended to be a career endeavor, therefore I do not endorse an extension of additional term(s). No I am against this amendment I have no problem with either of these proposals I'm indifferent. Amd. 1 Fine with me! (Full disclosure: I'm not a Tigard voter). Amd. 2 Would prefer more turnover, new ideas, broader leadership. I will vote no to each amendment. I disagree!!!! Change in leadership is always a good thing. It brings in new perspectives and fresh ideas. Term limits bring positive changes. Amendment 1 seems fine, however I would like to see some discussion about why there is current precedence for overlap. I don't like the idea of Amendment 2. It feels like it allows for too much stagnation. If we feel like we have a hard time finding good council members then we need to solve that problem, not allow existing members to stay longer. There needs to be an efficient way to back fill emptied city council seats, when a sitting councilor wins an election for city office. Requiring them to resign before running is also not efficient. Just because they may aspire to a higher position doesn't mean that if they fail at that they are no longer competent in their current role. But having resigned that's not an option. Having been in the city 11 years and just now having a reasonable sense of its issues and possible solutions, 12 years a councilor seems like a sufficient time for somebody (presumed to understand issues and solutions at the point they win the election) to actually act and lead positive changes. 16 years does not seem necessary. No, I do not think that City Council members should be allowed at this time to serve 16 consecutive years. I think it should be kept at 12 consecutive years. I would support #1, but no on increasing the years they can serve. I don't have a problem with this. 6 The ramifications of Amendment 1 need further clarification. I am against Amendment 2; 12 years on City Council is more than enough. Charter Amendments Amendment #1 sounds fine. Don't see a need for Amendment #2, if you haven't gotten done what you want to do in 12 years you probably are not that effective and should let someone else try. Rec Center Ballot The measure as worded is a no go for me. Unless said Rec Center was to be publicly managed and operated by the city of Tigard or incorporated into the current Tualatin Hills and Rec system I will not support it. Works for me. 7 PUBLIC TESTIMONY FOR AGENDA ITEM NO. 6 DATE: July 28, 2015 (Limited to 2 minutes or less,please) CHARTER AMENDMENT ALLOWING COUNCIL TO RUN FOR OFFICE WITHOUT RESIGNING CURRENT OFFICE The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. ?Ill written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in Citi of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 150414.doc PUBLIC TESTIMONY FOR AGENDA ITEM NO. 6 DATE: July 28, 2015 (Limited to 2 minutes or less,please) CHARTER AMENDMENT ON TERM LIMITS The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. .:ll written and oral testimony becomes part of the public record. The names and addresses of persons who attend or participate in Cit- of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION l:\ADM\CATHY\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication template for ballot measures No PH.doc City Recorder Krager read the number and title of the ordinance. ORDINANCE NO. 15-13 AN ORDINANCE APPROVING COMPREHENSIVE PLAN AMENDMENT CPA2015-00002, TO REMOVE .12 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND AND STREAM CORRIDOR MAP" INVENTORY City Recorder Krager conducted a roll-call vote of Council. Mayor Cook announced that Ordinance No. 13-15 passed unanimously. Yes No Mayor Cook ✓ Councilor Goodhouse V Councilor Henderson V Council President Snider V Councilor Woodard V 6. CONSIDER RESOLUTIONS APPROVING SUBMITTAL OF PROPOSED CITY OF TIGARD CHARTER AMENDMENTS TO THE VOTERS laAssistant City Manager Newton presented this item and said each charter amendment will be considered separately with a separate resolution to submit the amendment to the voters. First Charter Amendment Ms. Newton said if the first resolution is approved the charter would be amended to allow city council members to seek city offices while in their current position on the council. Staff put a short survey on the website on this proposed amendment and the feedback was split; 28 in support and 24 not in support. Councilor Henderson said the survey helped him understand this issue from more than his initial point of view. lie said the more he looked at this the more he had doubts the public would pass it and he will vote against it. Council President Snider noted that Councilor Henderson's thoughts on this had evolved. He found the survey comments interesting. Many were negative and showed a fair number of people think council has full-time elected positions and would be distracted if running for another full- time office. He suggested the survey was not worded well if it created this much confusion. He was not aware that so many people believed council is employed by the city. Mayor Cook said he did not think council's votes should be based on what they think the public will do. He added that neither of these charter amendments should apply to sitting councilors. He said if that part is changed he could support this. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard 13125 S\V Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 19 Councilor Woodard gave a scenario he thought might not be balanced. If a new councilor is elected and is off cycle with the mayor's position, he may run against a four-year councilor and the mayor. Three people would then be running for the same scat. If the inexperienced councilor is elected, the city loses an experienced mayor and councilor at the same time. He said this was difficult to resolve. Councilor Goodhouse said he supported it by relating it to a corporation. Experienced people should be promoted and be allowed to run for an opening without resigning their current position. If an experienced councilor was not elected to the mayor's position,it is not the best thing for them to lose their existing position, because their experience will be lost to the city. I-le said the way the terms are staggered now, two can run without affecting the time left on their seat and two could not. This amendment is more equitable and gives the citizens more candidate choice and a more experienced council. Council President Snider moved for approval of Resolution No. 15-37 but it will not apply to current council. Councilor Goodhouse seconded the motion. Mayor Cook asked if anyone in the audience wanted to speak on this proposed charter amendment. Cole Weber, 12414 SW 72nd Avenue,Tigard, OR, said the situation seems dangerous to have someone running for office when they already have a position and would be splitting time between two separate jobs. He said because the elected positions require significant time and energy it might be detrimental to the other councilors and would involve competition between them. I-Ie said he understands the benefit of being able to run for mayor without risking their own position. Mayor Cook responded that Mr. Weber's first concern happens already. He said he campaigned for mayor while serving as mayor. A councilor can campaign for Metro Council, for example, while serving on the council. He said council is required to spend a certain amount preparing for meetings and making appearances,but other than that we cannot control someone's volunteer time. Councilor Goodhouse clarified that an elected official cannot hold two positions. If a councilor ran for mayor and won, they would no longer hold the councilor seat. Mayor Cook added that this happened in West Linn and Sherwood in the last few months. Two councilors ran against each other for mayor. One was elected mayor and the other kept their seat as councilor.They will have an election to fill the vacant council seat. Tigard's requirement for resignation if running for another open seat is not typical for this area. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 10 of 19 RESOLUTION NO. 15-37 - A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION, WHICH WOULD AMEND SECTION 7 OF THE CHARTER TO ALLOW COUNCIL MEMBERS TO RUN FOR CITY OFFICE WITHOUT RESIGNING CURRENT POSITION, BUT DOES NOT APPLY TO CURRENT COUNCIL Mayor Cook asked if there was further discussion. Councilor Woodard said the issue needs more consideration but acknowledged there was not enough dine. Councilor Henderson said through discussions with others he realized this is a confusing measure to put before the people. He said what he does not want to happen is for people to believe that council is changing the rules to benefit themselves. Mayor Cook conducted a vote on Resolution No. 15-37 noting that it does not apply to current council. Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that the motion passed by a majority. Assistant City Manager Newton asked City Attorney Rihala to make the language change. Second Charter Amendment Assistant City Manager said there is a maximum of sixteen years, with two four-year terms for mayor and three councilor four-year terms. This had reduced support from the survey. Mayor Cook asked if there was anyone in the audience wishing to speak on this charter amendment. Reid Iford, 11575 SW Pacific Highway,Suite 151 Tigard,OR said the survey sampling was too small to have any bearing. He said it is a good idea to put this on the ballot. Citizens have their own means of determining how long someone stays in office. He said he thought citizens will support the charter amendment. Councilor Goodhouse mentioned the issue of a councilor being able to serve two terms and then if elected to mayor would only be allowed one term under the current term limits. That is why council came up with a total of sixteen years. He commented that on a recent trip to Washington DC, Mayor Cook secured a federal grant for Tigard's Wall Street. He is known there and experience is important when representing a community. He said this amendment just adds four years and council is not seeking unlimited terms. TIGARD CITY COUNCIL MEETING MINUTES—July 28,2015 City of Tigard I 13125 S\V Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 19 Councilor I Ienderson said he thought this measure was too complicated for the public to understand. The original discussion was about adding a third term for councilors and this is what he wanted. He said he can support this if the total stayed at twelve years but could not support sixteen years. Councilor Goodhouse said experience is important. Councilor Henderson said it is important to have councilor experience before running for mayor but he did not think anyone would move from mayor to a councilor position. Councilor Goodhouse commented that Mayor Cook was rare in that he was elected mayor without being on the council previously but was well known in the community. Councilor Woodard said he wanted to retain experience. Council President Snider said a survey size of 62 from a population of 50,000 is a very small number. He said sixteen years is a long time but from a fairness and equity standpoint, he thought that someone with two terms of council experience should be able to serve two terms as mayor. Councilor Goodhouse said what he noticed most from the survey was the confusion. He suggested changing it to say two terms for council and two terms for mayor. Council President Snider said the current council is managing millions of dollars of multi-year projects and having some longevity from a policy perspective is the right thing to do. Councilor Goodhouse agreed, saying there needs to be someone with the background to know why something was decided or why someone was hired. Councilor Woodard said he changed his mind and suggested going back to the original language of sixteen years and letting the people decide. Councilor Goodhouse moved to approve Resolution No. 1 5-38. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 15-38 -A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 3, 2015 ELECTION,WHICH WOULD AMEND SECTION 7 OF THE CHARTER TO ALLOW COUNCIL MEMBERS TO SERVE SIXTEEN CONSECUTIVE YEARS INSTEAD OF TWELVE CONSECUTIVE YEARS Councilor Woodard said when he first brought this up he thought it should apply to current council so you retain their experience. Yeas No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Lienderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook announced that Resolution No. 15-38 passed by a 3-2 vote. TIGARD CITY COUNCIL MEETING MINUTES—July 28, 2015 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 19 NUMBERED KEY CANVASS Washington County. Oregon Official Special Election RUN DATE:11/ 0/15 11:39 AM November 3, 2015 REPORT-R.52 PAGE 0011 VOTES PERCENT VOTES PERCENT 34.240 City of Tigard Charter Amendment - Term VOTE FOR 1 01 = Yes 2.258 20.53 03 = OVER VOTES 1 02 - No 8,743 79.47 04 = UNDER VOTES 420 01 02 03 04 0400 400 212 810 1 45 0402 402 73 334 0 16 0403 403 327 1341 0 41 0404 404 214 838 0 40 0405 405 398 1440 0 80 0406 406 251 867 0 41 0408 408 449 1605 0 98 0409 409 152 746 0 36 0416 416 123 505 0 14 0427 427 3 7 0 0 0450 450 6 24 0 0 0454 454 50 226 0 9 © 0 rV J U L^ lneI°�" i0° EXHIBIT A NOTICE OF CITY MEASURE ELECTION Notice of Measure Election SEL 802 rev 1714 ORS 250.035,250.043, City 250.275,250.285,254.095,254.465 Notice Date of Notice 1 Name of City or Cities I Date of Election it'1.ty 1 1, ao 1S` City of Tigard November 3,2015 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure AMENDS CHARTER TO ALLOW ADDITIONAL TERM. Question 20 words which plainly phrases the chief purpose of the measure Shall the Charter be amended to allow Council Members to serve sixteen consecutive years instead of twelve consecutive years? Summary 175 words which concisely and impartially summarizes the measure and its major effect This measure, if approved,would amend Section 7 of the City of Tigard Charter("Charter") to provide that no person may serve on the City Council, as either the Mayor or a City Councilor, for more than sixteen consecutive years. Currently, under the Charter, no person may serve on the City Council for more than twelve consecutive years. This measure will change the term limits for the City Councilor position from eight consecutive years to twelve consecutive years. The Mayor position would remain capped at eight consecutive years. Under the new measure a person could serve a total of sixteen consecutive years. The Charter provision providing that the term limitations would not apply to the filling of an unexpired term would remain unchanged. This change, if approved, would apply to the current City Council and to City Councils elected in the future. ExplanatOYy Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters'pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance,for an initiative or referendum. Measure Type I County producing voters' pamphlet Local ordinance requiring submission I Explanatory statement required ®Referral ®Yes ❑No Not applicable ®Yes ❑No ❑Initiative ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Referendum ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No Authorized'City Official Not required to be notarized -By signing this document, I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Name I TitleI Work Phone O' reil A - i i-.4,Jw- ('‘-/-z7 ,£„ ,..,/ 5"03 -7/ 8' a Y/ Signature Date Sided Exhibit A 50014-36799 @8CL@36059F6FIS/7/20/2015 JCVP-05 ORS 251.355 Measure Explanatory Statement for County Voters' Pampb w '15: :O Important! Please read all instructions before completing this form. This form is to be used when filing a 'Measure Explanatory Statement for County Voters' Pamphlet' with your County Elections office. If a local government is located in more than one county, the county clerk of the county in which the city hall of the city or the administrative office of the local government is located shall be the filing officer for the 'Measure Explanatory Statement for County Voters' Pamphlet'. Filing Information Election: Q Primary 20 D General 20 ©✓ Special November 3,2015 Measure# at-2-40 Ballot Title Caption Amends Charter to Allow Additional Term. 0 Name of Person responsible for content of'Explanatory Statement' (as it should appear in the Voters' Pamphlet): Marty Wine, City Manager Name of Jurisdiction/Organization Person is authorized to represent(as it should appear in the Voters' Pamphlet): City of Tigard CONTACT INFORMATION Phone: Cell: Work: (503)718-2486 Home: E-Mail: marty@tigard-or.gov SIGNATURE ' /1. c -40/..s Signature of person re onsible for content of'Explanatory Statement' Date MEASURE EXPLANATORY STATEMENT See attached for 'Measure Explanatory Statement' (500 word/number MAX). For Office Use only: bounty: Word Count(500 max): Signed? 0-res 0 No Digital copy? 0 Yes 0 No `Measure Explanatory Statement'attached? Review Staff initials: r s { No Intake Staff Initials: Rev 07222014 1 of 2 MEASURE EXPLANATORY STATEMENT This measure, if approved, would amend Section 7 of the City of Tigard Charter ("Charter") to provide that no person may serve on the City Council, as either the Mayor or a City Councilor, for more than sixteen consecutive years. Currently, under the Charter, no person may serve on the City Council for more than twelve consecutive years. This measure will change the term limits for the City Councilor position from eight consecutive years to twelve consecutive years. The Mayor position would remain capped at eight consecutive years. Under the new measure a person could serve a total of sixteen consecutive years. This change, if approved, would apply to the current City Council and to City Councils elected in the future. Currently,term limitations do not apply to the filling of an unexpired term, and no change is proposed to this Charter provision. If the measure is approved, the first paragraph of Section 7 of the Charter would be amended as follows(new language underlined,deleted language stricken). Section 7. Mayor And Council. The elective officers of the City shall be a Mayor and four councilors who together shall constitute the City Council. At the general election held in 1990, and every fourth year thereafter, a Mayor shall be elected for a term of four years. No councilor shall serve the City as councilor for more than eight twelve consecutive years, nor shall the Mayor serve as Mayor for more than eight consecutive years. In no case shall any person serve on the City Council for more than twelve sixteen consecutive years. These limitations do not apply to the filling of an unexpired term. car ; AIS-3557 A. Business Meeting Meeting Date: 06/26/2018 Length (in minutes): 30 Minutes Agenda Title: CONSIDER CITY COUNCIL VACANCY Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. Public Hearing: No Publication Date: Information ISSUE How will the City Council choose to fill the Council vacancy that will result from the resignation submitted by Council President Jason Snider effective December 27, 2018? STAFF RECOMMENDATION / ACTION REQUEST This is an item for Council discussion. No action is requested. KEY FACTS AND INFORMATION SUMMARY On June 4, 2018 the City received notification of Council President Jason Snider's irrevocable resignation effective December 27, 2018. The resignation was submitted in accordance with Tigard City Charter Chapter III, Section 7, which states in part, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." Council President Snider filed for the office of Mayor at the time he submitted his resignation. City Attorney Rihala has provided a memo to the City Council regarding the options for filling the remainder of Councilor Snider's term. Council may choose election or appointment as an option to fill the vacancy. Council will need to take action in a public meeting to determine which course it chooses. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City of Tigard Charter - Chapter III, Section 7 and 8 TMC 2.40.030(1) and (3) DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this matter has been considered by the City Council. Attachments City Arty Memo Elections Letter of Resignation from Council President Snider 114 " City of Tigard TIGARD Memorandum To: City Council From: Shelby Rihala Re: Council and Mayoral Elections Date: June 4, 2018 The purpose of this memo is to respond to questions regarding the City's Charter and Code requirements related to elections for Mayor and Council. It also provides historical context about how past Councils have dealt with similar circumstances. I. Resignation Requirement Section 7 of the City's Charter states, "No person who is serving as Mayor or councilor shall become a candidate for any City office for a term which would be concurrent with the term in office then held unless that person first submits a written resignation from the then current office at the time of filing for the other office." The resignation may not be withdrawn, but it may be effective at a later date, so long as the date is prior to the start of the term for which that person is running as a candidate. In other words,because the next Mayor's term will start January 1, 2019, the resignation of any Councilor running for Mayor will need be effective on or before December 31, 2018. According to the Charter, the resignation must be submitted "at the time of filing for the other office." The Charter does not define what constitutes "filing." TMC Chapter 2.40 provides some guidance, but it is internally conflicting. Section 2.40.030(1) reiterates the Charter's language and provides that any Councilperson filing for Mayor must submit a resignation "at the time of filing." However, Section 2.40.030(3) provides a slightly different timeline. The Code requires a person filing for office with the City to submit a petition to the City Recorder, along with a fee. The City Recorder then verifies the signatures and provides a form to the nominee stating that the correct number of signatures have been submitted and are valid. In TMC 2.40.030(3), the Code provides that the nominee has five days after receiving that form from the City Recorder to accept or decline the nomination and, "if the nominee is a councilperson whose term would be concurrent with that of Mayor, the nominee shall submit a letter of resignation as required by the Charter." Like the Charter, the Code does not define what "filing" means. The closest explanation seems to be in TMC 2.40.010(3) which says that the nominee must pay the fee "at the time of filing the completed nomination petition form with the City Recorder." Thus,it appears that"filing" means providing the completed petition to the City Recorder along with paying the fee, not receiving verification of the signatures and not accepting the nomination. A Councilor filing for Mayor must therefore submit his resignation at the time he turns in his completed nominating petition to the City Recorder and pays the fee. The effective date of the resignation may be as late as December 31, 2018. II. Filling Vacancy With the vacancy of Councilor Snider's seat, effective December 27, 2018, Council will have several options for filling that seat. Council will need to take action in a public meeting to determine which course it chooses. The options are: 1. Special Election Section 7 of the Charter provides, "In the event the office of Mayor or councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term." Tigard Council has historically focused on the use of the word "may" instead of"shall" and determined that holding a special election is an option, but not a required option. Pursuant to state law,if the City holds a special election,it bears the entire cost of that election. 2. Appointment The Charter also gives the option that, "The Council may appoint a person to fill a vacancy until an election can be held." It does not provide any further details,including how long the appointee may serve. However, past Tigard Councils have not appointed a person for longer than one year. For example: • Jim Griffith was appointed to serve as Mayor from Sept 12, 2000 to the March 2001 election, following the death of Mayor Nicoli in June 2000. Mayor Griffith ran in a special election in March 2001 to finish the remainder of the term, through December 2002. • Craig Dirksen was appointed as Mayor to serve from January 13,2004 until December 31, 2004, following the death of Mayor Griffith in November 2003. Mayor Dirksen was elected in November 2004 to fill the remainder of the term, through December 2006. • Tom Woodruff was appointed as Councilor in February 2004 to the November 2004 election, following the appointment of Craig Dirksen to Mayor in January 2004. Councilor Woodruff was then elected in November 2004 for a full four-year term,January 2005 through December 2008. A review of Council minutes and discussions surrounding these past vacancies showed a general preference to not fill an unexpired term longer than one year by appointment. However, this is a policy decision and past Council preference does not bind the current Council. Council may fill the vacancy by appointment at any time following December 27, 2018, for any length of time, including filling the remainder of the term, through December 31, 2020. 3. November 2018 General Election Oregon law defines a general election as the election held on the first Tuesday after the first Monday in November of each even-numbered year. A primary election is the third Tuesday in May of each even-numbered year,per ORS 254.056. Any election that is not a primary or general election is a special election. The next non-special election opportunity following the submittal of the resignation will be the November 2018 general election. Therefore, Council could elect to advertise the vacant seat for the November election, to fill the remainder of the unexpired term. The November 2018 ballot would therefore include: • The election of two Councilors to fill two, 4-year terms. • The election of one Councilor to fill the remaining 2 years of Councilor Snider's unexpired term. Candidates would need to indicate for which seat they were running at the time of filing. Mr. Jason Snider 15588 S.W. 76th Avenue Tigard, OR 97224 (503)443-4949 June 4,2018 City of Tigard Attn: Carol Krager, City Recorder 13125 SW Hall Blvd. Tigard,OR 97224 Dear Carol, As you know, I have announced that I am running for Mayor of Tigard in the November 2018 General Election. I have completed my filing paperwork to run today. This letter shall serve as formal notice that I irrevocably resign as a Tigard City Councilor effective December 27,2018 so I can run for mayor. :'f. , : •n Snider Cc: Marty Wine, City Manger John Cook,Mayor Marc Woodard, City Councilor John Goodhouse,City Councilor Tom Anderson, City Councilor Ziet 17 (;)) n 'et--4/ 730ERVITiD 7 // c.' / alai S/ JUL 102018 July 10, 2018 City of Tigard, OR PERSONAL PUBLIC COMMENT TO CITY COUNCIL 7-lib` E'ment BY: MARLAND HENDERSON Good evening Tigard Councilors, Mayor and staff; My name is Marland Howard Henderson 11795 SW Katherine Street. Tigard Oregon 97223 I'm here tonight to make announcement of my intent to run for an open seat for the Tigard City Council vacated by Jason Snider, who after his second year in his second term of office resigned so he could run for the office of Tigard City Mayor. As all of you know that in 2015 there was an attempted ballot measure written and was not approved by the voters that would have allowed any siting city councilor or mayor to continue to serve once they chose to vacate or terminate their elected term and was not successful!. Given that as the voice of the people it would be my assumption that if that situation occurred then a new member of the council would need to be selected. However, from what I know as being a senior counselor of Tigard for 8 years that position could be selected by two different means that would finish that current mayor or councilor's term and would not count as part of a limited term for any other bodies term except for the original councilor or mayor that vacated their chair; by appointment or by a new election. Either of these options would have had great advantages for both the existing and new council members by offering 2 extra years of eligibility to serve as a Tigard City Councilor. I personally termed out 2 years ago knowing that a break in my service was necessary to file again for office of which I did at the end of 2016. To my advantage that break now will allow me to serve not only 8 but a consecutive 10 years as it would be for anyone else that would be chosen for that position as a Tigard City councilor. However, those first 2 years would not allow me or anyone else to serve 3 terms (2 as council or mayor plus one of either) or 12 years consecutively. My current intention is only to finish out that term that has been vacated, mainly to preserve the tenure on the council. RB 1 On June 11th I made an appointment and attended an orientation with the City Recorder (Carol Krager) who not only gave me the documents necessary to file for council but informed me that the cutoff date for Mayor was July 30th and approximately a month later was the deadline to register as a candidate for council. I asked her only but for one question; HOW WAS THE VACANT POSITION BEING FILLED? At that time Carol believed it would be separate ballot for the 2 council positions 1 for the open council seat and 1 for the mayor. Later Carol emailed me and told me that the council still had not decided exactly how Jason Snider's seat would be filled. By this time the city attorney had researched the records and reported that several options could possibly be used to fill the position that council needed to choose from i.e. appointment or by public ballot. As for appointment the unknown question is, would this be the current council that will choose or is it the new council of 2019 that will choose? Knowing that the current Mayor and possibly 3 other councils may not be returning, what chance of success does this new council have from the previous council's decisions? As you can see there would be many questions that could not be answered by previous discussions that were either not known or unknown that determined the fate of the new council. This is not the first time that vacancies have occurred and filled by council, however as the last Mayor Craig Dirksen quoted "If for only a short term an appointment is protocol / practical otherwise his firm opinion as what to do would be is to let the people decide especially if it was more than a short term or a year". This is personal to me as well, when Dirksen was chosen from an early withdrawal as mayor and election to be Metro's Regional Councilor I stepped up in my selection for a second term and decided, as I am today, to save the "brain trust" of our council and run for Mayor. It was not until after I could not convince John Cook to train as councilor for 2 years that I changed my ballot from Mayor back to Councilor. At that time we had too many councilors leaving and everybody wanted to be Mayor. The job of mayor or councilor is not a natural behavior as we all learned. The hardest job of Mayor is to work with what the public has given you and make the council work as a unit. Our form of government is to hire a City Manager to perform daily functions and if you have been trained as a Private Business Manager you will have a hard time negotiating with Public Management and practices at the same time keeping your City Council working together. As for a public ballot the unknown question is, would this be the current ballot or is it the new ballot of 2019? It was relayed to me that the cost to the November 2018 would be nominal, whereas the preferred ballot could be March of 2019 and would cost the city of Tigard $30K plus. This rationality of not choosing March of 2019 was also the reason to save the city the cost and just continue the appointment by Council to fill the void created by Jason Snider. Why we dismissed the November Ballot escapes me? It is clear that by ignoring the November ballot it clears out several questions as to who is left on board and what their options would / could be. First of all I find this all disingenuous, if in fact we can't find the solution that your constituents agree with as a matter good governance we will continue to find dead ends like the Revenue Bond that was just denied by the people. When the people spoke in regards to the earlier two ballot measures giving more leniency to councilor's term limits they were more than clear that they preferred that we not change anything. I realize we did not change anything but we never fixed anything either. The people are not as naive as you may think and until "we" figure it out how to build TRUST we need to stop talking and start listening. However, as I recalled those two measures were the most unclear measures I have ever seen and hopefully will ever write? I even voted against them myself. Lastly, I want to say I'm looking forward to running for a 2-YEAR term as a City Councilor, however, if Council insists upon replacing Jason Snider to his original seat or some other body as the case may be, then I'll choose to run for Mayor. I realize your opinion is going to be discussed at the next Work Session on the 17th which gives me but little time to run for Mayor. I do appreciate the Public Hearing you are having, because historically public testimony is not taken at a work session nor is it televised. Sincerely, I am submitting this in writing to each of you (10 copies). Marland H. Henderson pg.3 .14 MEMORANDUM TIGARD TO: Honorable Mayor&City Council FROM: Carol A. Krager,City Recorder R I:: Three-Month Council Calendar 1).x"17:: July 10,2018 Below is a listing of council meetings for the next three months. Regularly scheduled Council meetings are marked with an asterisk(*). July 3* Tut Alin. Council l uainc* N10.ting 6:31)p.m.."Town I mall- Cancelled 4 Wednesday Fourth of July Holiday,City Hall and Library Closed 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 7 _. .. . - ... - . . —Cancelled,National Night Out 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting—6:30 p.m.,Town Hall September 3 Monday Labor Day Holiday,City Hall and Library Closed 4* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall is\adm\city council\council cakndar\3-month calendar word format.doc AIS-3551 3. Workshop Meeting Meeting Date: 07/17/2018 Length (in minutes): 60 Minutes Agenda Title: Public Hearing - Public Comment - City Council Vacancy Prepared For: Marty Wine Submitted By: Kelly Burgoyne, Central Services Item Type: Public Hearing - Meeting Type: Council Informational Business Update, Discussion, Direct Meeting - Staff Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discuss City Council vacancy and allow for public comment. STAFF RECOMMENDATION / ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY As a result of Council President Snider's resignation from Council, effective December 27, 2018, City Council will have a vacancy. Council may decide to fill that seat by appointment or may put the question to the voters in either the November 2018 general election or a special election. The purpose of the worksession this evening is for Council to receive public comment regarding the process by which it fills this vacancy. OTHER ALTERNATIVES COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION June 26, 2018 Study Session. AGENDA ITEM No. 3 Date: July 17, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: RECEIVE PUBLIC COMMENT ON CITY COUNCIL VACANCY This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council. May Impose A Time Limit on Testimony AGENDA ITEM No. 3 Date: July 17, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. /,2:44' /11 a,‘)/3— ' L...te Sem Name,Address&Phone No, Name,Address& Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No, Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address& Phone No. Name,Address&Phone No. SUPPLEMENTAL PACKET FOR -V/if!� rJe v 14-3 (PATE OF MEETING) Public Comment on the Process to Fill a City Council Vacancy Becoming Available in December, 2018 The Tigard City Council is presently considering options to fill the council vacancy caused by Councilor Jason Snider's declaration of candidacy for the position of mayor. Section 7 of the Tigard Charter states that when a vacancy occurs on council, a special election may be held at the next available date to fill the office for the unexpired term. The Charter goes on to say that the council may appoint a person to fill a vacancy "until an election can be held." At a recent council work session, council held preliminary discussion on this topic and appeared to be leaning toward appointing someone to fill the term. In addition, some individual members of council expressed that it was possible that a candidate who failed to be elected in November (when Tigard voters elect a mayor and two council members) could be appointed to the position to serve beginning January, 2019. Councilor Snider expressed that if he loses the election for mayor, he would be interested in the unexpired term. Such action by the present council could take place without consultation and agreement with the incoming council — who would serve with the person appointed for two years. There are several reasons why the city council should act now to place the two- year term council position on the November, 2018 ballot and let the citizens select the member of council. Specifically: 1. The Charter language only expressly allows the council to appoint a person to fill a vacancy until an election can be held. A two-year appointment does not conform to the intent of the Charter. In prior years when vacancies have occurred, the Tigard Council has always appointed someone until the voters chose a person to fill the remainder of a term. This practice is transparent and honors the intent of the Charter to have the voters decide. 2. The filing deadline for council positions is August 30. If the position is going to be on the ballot, the public needs to be informed so potential candidates can determine whether to file. Only six weeks remain for candidates to complete the filing process. 3. If the present city council makes the appointment, it is possible that as many as four of the five members of council will not be serving on council in 2019. If an appointment is made, it should be made by the 2019 council. An appointment by the 2018 council would be burdened by lacking the legitimacy earned by being elected by voters. Thus, the "appointee" would not have earned the right to be on the council. 4. The city council needs to rebuild trust with the citizens. Trust will further erode if the present council appoints a person once the vacancy exists rather than allow the voters to decide. Recent city elections on measures indicate that presently there is a state of discontent with the council's decision making. Recent examples are: a. The November 3, 2015 measure to approve a community and recreation center bond failed with 65.75% opposed b. The November 8, 2016 measure to allow the city to participate in discussions regarding the planning for a light rail line was passed by Tigard voters with a margin of approximately only 149 votes (50.3% in favor). A recent statement attributed to one council member mischaracterized this vote to mean voters were "in support" of light rail, something that has not been asked of the voters. c. The recent May, 2018 operating and capital levy measure to increase property taxes failed by 10.8%. If the council fails to allow the voters to select all council members, the action could be interpreted by citizens as a disregard for citizen input and lack of transparency. Such action may not affect the present council as it conducts its remaining business in 2018, but the new 2019 council could be compromised, affecting its ability to successfully address the pressing issues of the city. For the reasons stated above, we the undersigned announced candidates for the positions of mayor and city councilor, urge the Tigard City Council to ask the Washington County Elections Office to place the council position to be vacant as of December 27, 2018 on the November, 2018 ballot. By so doing, the Tigard City Council will: 1. Honor the intent of the Tigard Charter. 2. Allow sufficient time for potential candidates to complete the filing process to be on the ballot in November. 3. Respect the rights of those who will serve on the city council in 2019 to serve together with all legitimately elected by Tigard voters. 4. Take a positive step to rebuild community trust in the decision making of the Tigard City Council. Submitted by: tom. talV Linda Monahan Marland Henderson RESOLUTION NO. 5582-21 A RESOLUTION REFERRING TO THE ELECTORS OF THE CITY OF TUALATIN THE QUESTION OF AMENDING THE CITY CHARTER TO MODIFY MAYORAL TERM LIMITS IN CERTAIN CIRCUMSTANCES. WHEREAS, under Article XI, section 2 of the Oregon Constitution, the City of Tualatin has "home rule" authority over the civil affairs of its City; WHEREAS, Article XI of the Oregon Constitution, and ORS Chapters 250 and 251, authorize the City to refer a matter to voters to amend the City's Charter; WHEREAS, pursuant to Chapter II, section 4, Chapter III, section 6, Chapter VI, section 23, and other relevant provisions of the Charter and State law, the Council has the power to refer a matter to voters; and WHEREAS, the Council wishes to refer a matter to the voters to consider amending the Charter, as set forth in this resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUALATIN, OREGON, that: Section 1. Measure. A measure election is hereby called for the purpose of submitting to the electors of the City of Tualatin a measure amending the City Charter to modify Mayoral term limits in certain circumstances, a copy of which is attached as "Exhibit 1," and incorporated herein by reference. Section 2. Election Conducted by Mail. The measure election shall be held in the City of Tualatin on May 17, 2022, at the next statewide primary election. As required by ORS 254.465, the measure election shall be conducted by mail by the County Clerks of Washington & Clackamas Counties, according to the procedures adopted by the Oregon Secretary of State. Section 3. Delegation. The City of Tualatin authorizes the City Manager, or the City Manager's designee, to act on behalf of the City and to take such further action as necessary to carry out the intent and purposes set forth herein, in compliance with the applicable provisions of law. Section 4. Preparation of Ballot Title. The City Attorney has prepared the ballot title for the measure, which is attached as "Exhibit 2," and incorporated by reference. The ballot measure approved and the City Attorney is hereby directed to deposit the ballot title with the city elections officer within the time established by law. Section 5. Notice of Ballot Title and Right to Appeal. Upon receiving the ballot title for this measure, the city elections officer must publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title, including notice that an elector may file a petition for review of the ballot title. RESOLUTION NO. 5582-21 Page 1 of 2 Section 6. Explanatory Statement. The explanatory statement for the measure, is attached as "Exhibit 3," and incorporated herein by reference, is hereby approved. Section 7. Filing with County Elections Office. The city elections officer shall deliver the Notice of Measure Election to the County Clerks for Washington & Clackamas County for inclusion on the ballot for the May 17, 2022, election. Section 8. Effective Date. This resolution is effective upon adoption. INTRODUCED AND ADOPTED this 8th day of November, 2021. CITY OF TUALATIN OREGON BY Frank Bubenik Mayor APPROVED AS TO LEGAL FORM ATTEST BYSean Brady BYSherilyn Lombos City Attorney City Recorder RESOLUTION NO. 5582-21 Page 2 of 2 EXHIBIT 1 RESOLUTION NO. 5582-21 MEASURE LANGUAGE Section 12(a) of the City of Tualatin Charter is amended as follows: No person shall be eligible to serve on the City Council more than twelve (12) years in any twenty (20) year period, whether serving as Councilor, Mayor, a pro tern member, or a combination thereof, except if a person has served only two terms as a City Councilor, then that person shall be eligible to serve another two consecutive terms as Mayor. No person may be elected or appointed to an office on the City Council if completing that term of office would cause a violation of these term limits. The calculation of "years" shall include those preceding the passage of this Section, but shall not prevent any member of the City Council from completing a term of office that commenced prior to its passage. For the purposes of this Section, years of service on the City Council shall be calculated by first determining the aggregate number of days a person has served as a member of the City Council within an applicable window of twenty calendar years, and then attributing a year of service for every 365.25 days of service. This Section becomes effective immediately upon passage. EXHIBIT 1 —RESOLUTION NO. 5582-21 Page 1 of 1 EXHIBIT 2 RESOLUTION NO. 5582-21 BALLOT TITLE Amends Charter to Modify Mayoral Term Limits in Certain Circumstances. QUESTION Should the Charter be amended to allow a two-term City Councilor the opportunity to serve two consecutive terms as Mayor? SUMMARY The Measure would amend the City of Tualatin Charter to modify the term limits for the Office of Mayor. If passed, the Measure would allow a person to serve two terms (8 years) as a City Councilor followed by two consecutive terms (8 years) as Mayor, in a 20-year period. The existing City Charter imposes term limits on a person serving on City Council as Mayor, a Councilor, or a combination of the two offices, to no more than 12 years in a 20-year period. Under the current Charter language, if a person previously served two terms (8 years) as a City Councilor, the person is limited to serving one term (4 years) as Mayor, in a 20-year period. The measure would modify the Charter such that a person who previously served two terms (8 years) as a City Councilor could serve two consecutive terms (8 years) as Mayor, for a total of 16 years on City Council in a 20- year period. In all other circumstances, the 12-year term limit in a 20-year period applies. EXHIBIT 2—RESOLUTION NO. 5582-21 Page 1 of 1 EXHIBIT 3 RESOLUTION NO. 5582-21 EXPLANATORY STATEMENT This Measure, if approved, would amend Section 12(a) of the City of Tualatin Charter ("Charter") to create a new term limits provision applicable to the Office of Mayor. If passed, the Measure would allow a person who has previously served two terms (8 years) as a City Councilor to be eligible to serve two consecutive terms (8 years) as Mayor, if elected, in a 20-year period. The City Council consists of the Mayor and six City Councilors. The Charter provides that the Mayor is elected to a four-year term and each City Councilor is elected to a four-year term. The existing Charter language imposes term limits to prohibit a person from serving on City Council to no more than 12 years in any 20-year period. The 12- year limit in the Charter applies to the total amount of time a person serves on the City Council, whether the person is serving as a Mayor, a Councilor, or any combination of the two offices. This Measure would amend the Charter to modify the term limits applicable to the Office of Mayor in the circumstance where the person has previously served two terms (8 years) as a City Councilor. Under the existing Charter language, if a person has previously served two terms (8 years) as a City Councilor, the person can only serve one term (4 years) as Mayor, in a 20-year period. If approved, this Measure would allow a person to serve as Mayor for two consecutive terms (8 years), instead of only one term (4 years). The effect of the Measure would allow a person to possibly serve a total of 16 years on City Council in a 20-year period. In all other circumstances, the general term limits of 12 years in any 20-year period would apply to the Office of Mayor. The Measure does not change the term limits for City Councilors. This Measure would become effective immediately upon passage. Signature: --A4,4/,)-4-7 Signature: (141, 11 11 She•lyn Lc os Mov 9,2021 13.14 PST Email: fbubenik@tualatin.gov Email: slombos@tualatin.gov Signature: Email: sbrady@tualatin.gov EXHIBIT 3-RESOLUTION NO. 5582-21 Page 1 of 1 Reso No. 5582.21 - Refer Mayoral Term Limits Final Audit Report 2021-11-09 f Created: 2021-11-09 By: Nicole Morris(nmorris@tuaiatin.gov) Status: Signed Transaction ID: CBJCHBCAABAATV33O6JQ6scxO_7jhDIfO912D8a_nuNT "Reso No. 5582.21 - Refer Mayoral Term Limits" History 1' Document created by Nicole Morris(nmorris@tualatin.gov) 2021-11-09-5:23:28 PM GMT C Document emailed to Frank Bubenik(fbubenik@tualatin.gov)for signature 2021-11-09-5:23:44 PM GMT Email viewed by Frank Bubenik(fbubenik@tualatin.gov) 2021-11-09-5:26:32 PM GMT-IP address:67.171.142.200 ti Document e-signed by Frank Bubenik(fbubenik@tualatin.gov) Signature Date:2021-11-09-8:26:49 PM GMT-Time Source:server-IP address:67.171.142.200 C- Document emailed to Sherilyn Lombos (slombos@tualatin.gov)for signature 2021-11-09-8:26:51 PM GMT Email viewed by Sherilyn Lombos (slombos@tualatin.gov) 2021-11-09-9:14:23 PM GMT-IP address:168.151.183.151 6® Document e-signed by Sherilyn Lombos (slombos@tualatin.gov) Signature Date:2021-11-09-9:14:54 PM GMT-Time Source:server-IP address:208.71.205.225 C`., Document emailed to Sean Brady (sbrady@tualatin.gov)for signature 2021-11-09-9:14:55 PM GMT Email viewed by Sean Brady (sbrady@tualatin.gov) 2021-11-09-9:25:38 PM GMT-IP address:95.215.39.251 Fjfl Document e-signed by Sean Brady (sbrady@tualatin.gov) Signature Date:2021-11-09-9:26:12 PM GMT-Time Source:server-IP address:208.71.205.225 Q Agreement completed. 2021-11-09-9:26:12 PM GMT U Adobe Sign