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City Council Minutes - 01/07/2020 n City of Tigard Tigard City Council Meeting Minutes January 7, 2020 1. BUSINESS MEETING A. At 6:30 p.m.Mayor Snider called the City Council&Local Contract Review Board meeting to order. B. Roll Call—Mayor Snider asked City Recorder Krager to call the roll. Present Absent Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Turley ✓ C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—Mayor Snider asked City Manager Wine if there was any follow-up to previous public comment. There was none. B. Public Comment—Sign-up Sheet John Charles -Mr. Charles said he had been a Tigard homeowner since 2004 and gave some observations on TriMet. He said Council's due diligence with TriMet on light rail does not mean it will happen. He referred to the Yellow Line and noted TriMet committed to six gains,increasing to eight in 2020. As of January 1,when they were obligated do this,it is not happening, and the failure is not due to funding. They were successful in receiving a payroll tax. All the money went to TriMet payroll,not towards increased service. He said TriMet does not keep its promises and asked how a 24-minute ride is even possible given its dedicated right-of-way. He said the Yellow Line is 46 percent underperforming in terms of travel time. Mr. Charles had further criticism of TriMet and warned that the agency has a history of overpromising and underperforming. He advised the Council to consider what a future Council would do if TriMet fails to deliver on the SW Corridor project. 3. CONSENT AGENDA—LOCAL CONTRACT REVIEW BOARD A. Approve Contract Award for HVAC Maintenance Contract. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 10 Council President Goodhouse moved for approval of the HVAC Maintenance Contract and Councilor Newton seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 4. LEGISLATIVE PUBLIC HEARING: CONSIDER DEVELOPMENT CODE AMENDMENT DCA2019-00002 OMNIBUS CODE PACKAGE A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and a sign-up sheet was available. C. Associate Planner Lindor gave the staff report with a PowerPoint presentation. She explained that the proposal reflects a major reworking of the development code including a major housing update,updates to policies and procedures,and the Downtown Plan District. Staff identified minor deficiencies and has kept a running inventory of necessary code amendments to include in this omnibus package. A few items were highlighted.They included housing changes to comply with new state regulations,updating the rectilinear standard, as well as developing a new definition of the term "story." Minor housekeeping items corrected references and made phrasing more consistent. Associate Planner Lindor responded to comments made by Robert Ruedy in testimony he submitted to Council electronically. She said there are different types of care facilities and the section used as an example is not meant to be a comprehensive list,but a general categorization without specific examples. In response to comments regarding Sections 18.810 18.20 and 18.30 that relate to the rectilinear standard,Ms. Lindor noted the changes would not apply to existing lots but only new or modified lots. Associate Planner Lindor said the staff recommendation is that Council adopt the Omnibus Code Amendment Package. D. Public Testimony—No one signed up to testify. E. Response to public testimony by staff. Associate Planner Lindor responded to Mr. Ruedy's electronically submitted comments when giving the staff report. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-01 Councilor Newton said that she thought it was wise to remove a lot of the examples because types can change. She said it was a good idea to have a definition that is expansive and not attempt to list every possible example. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 10 Councilor Anderson remarked that the Planning Commission held a long,robust discussion on these amendments. He moved for adoption of Ordinance No. 20-01. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll-call vote. Ordinance No. 20-01 —AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE OF THE CITY OF TIGARD FOR THE PURPOSE OF ADOPTING THE 2019 OMNIBUS CODE AMENDMENT PACKAGE (DCA2019-00002) Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 20-01 was adopted unanimously. 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES. A. Mayor Snider opened the Public Hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet available. C. Building Official Van Domelen gave the staff report. He said housing prices are going up and the City has looked for ways to reduce the cost of building. This deferral will allow builders to defer paying their system development charges (SDCs) until receiving their Certificate of Occupancy,rather than paying them up front and carrying them through the construction project. He said there is no change in the amount,which is based on the building permit application date. This changes only the time in the process when they are paid. D. Public Testimony—No one signed up to testify. Mayor Snider noted there was written correspondence questioning the public notice for this agenda item. Mayor Snider confirmed with City Attomey Rihala that the public hearing had been properly noticed. E. Response to testimony by staff. None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Ordinance No. 20-02 Councilor Newton noted that adjustments need to be made to software and the recent performance audit had other recommendations to modify the Accela program. She asked Building Official Van Domelen if these changes will occur separately. He confirmed that would be a separate process and that this change will allow inspections to happen right up to the final one. The system currently will not allow inspection scheduling if fees are due. TIGARD CITY COUNCIL MEETING MINUTES—January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 10 Council President Goodhouse commented that this is a great way to lessen the burden on builders and the cost of housing. Councilor Anderson said the only risk is that a builder could start a project and not finish it. He asked for data on unfinished work. Building Official Van Domelen said the fees are still due from the new buyer prior to final inspection. It may be pushed down the road but would not cause fees to go unpaid. Council President Goodhouse made a motion to approve Ordinance 20-02. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the ordinance. Ordinance No. 20-02—AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR DEFERRAL OF CERTAIN SYSTEM DEVELOPMENT CHARGES City Recorder Krager conducted a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that Ordinance No. 20-02 was adopted unanimously. 6. PUBLIC HEARING: CONSIDER RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE FOR RESIDENTIAL PARKING FEES A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony and there was a sign-up sheet available. C. Police Commander McDonald gave the staff report. He explained that the$10 fee previously approved in 1991 was insufficient to cover the City's cost of processing residential parling permits. Staff recommends an annual cost of$60 for two permits, and $60 for each additional permit. Each address would obtain three guest passes when purchasing their first permit. Staff recommends adoption of the resolution as presented. D. Public Testimony—Mayor Snider called upon those who signed up to testify. None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration:Resolution No. 20-01 Councilor Lueb said she knows research was done on regional area parking fees and asked if this fee was like others and how it was selected. Commander McDonald said it is similar and they tried to keep it comparable to other communities. Even the higher fee will not cover all staff time but will be more reasonable than the$10 fee. Mayor Snider clarified that it was a cost recovery measure. TIGARD CITY COUNCIL MEETING MINUTES—January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 10 Councilor Newton asked why the first two permits were $30 and the subsequent permit is $60. Commander McDonald said the permit only applied to homeowners parking on the street and not in their driveways. He stated they found most households only needed two permits. Requiring $60 for additional permits is a good deterrent to abuse of the parking zones. Councilor Anderson asked when the new residential permits would take effect. Commander McDonald stated it would begin on February 1,2020. Councilor Lueb made a motion to approve Resolution 20-01. The motion was seconded by Council President Goodhouse. City Recorder Krager to read the number and title of the resolution. Resolution No. 20-01 —A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE TO ESTABLISH A FEE FOR RESIDENTIAL PARKING PERMITS Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that Resolution 20-01 was approved unanimously. 7. LOCAL CONTRACT REVIEW BOARD: CONSIDER RESOLUTION REVISING THE CITY'S PUBLIC CONTRACTING RULES Finance and Information Services Director LaFrance introduced the Mayor and Council to new Contracts and Purchasing Manager Christine Moody. This position was previously filled by Joe Barrett,who is now the Public Works Business Manager. Ms. Moody comes to the City with over 25 years of local government contracting experience in the state of Oregon and is a past president of the Oregon Public Purchasing Association. Ms. Moody stated staff are seeking approval to update the Public Contracting Rules considering changes in the 2019 legislative session. The Public Contracting Rules were adopted in 1999, formally repealed and readopted in 2005, and have been revised three times since then. Major changes as a result of the legislative session include allowing the City to consider cost in Qualification Based Selection (QBS) of architects, engineers,land surveyors,photometric mappers and transportation planners. This allows the City to request cost proposals from the top three proposers. This update has been on the Council's legislative agenda for the last three years. It will add a new process and a few weeks to the public contracting process. Other adjustments are the increase in Intermediate Procurement levels from$100,000 to $150,000, the requirement to keep retainage on construction projects in an interest-bearing account, an TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 10 improved process for small and intermediate contract amendments, and some minor adjustments to allow electronic transmission of documents. LCRB Chair Snider said Council was very excited about changes in the QBS process as most of the mayors in the metro area lobbied hard in Salem about this issue. LCRB Member Goodhouse moved to approve LCRB Resolution 20-01. LCRB Member Newton seconded the motion. City Recorder Krager read the number and title of the resolution. LCRB Resolution No. 20-01 —A RESOLUTION AMENDING THE CITY'S PUBLIC CONTRACTING RULES Yes No LCRB Member Goodhouse ✓ LCRB Member Newton ✓ LCRB Member Lueb ✓ LCRB Member Anderson ✓ LCRB Chair Snider ✓ Chair Snider announced that LCRB Resolution No. 20-01 was adopted by a unanimous vote of LCRB members present. LCRB Member Newton thanked Contracts and Purchasing Manager Moody for the format of the documents,which she found very helpful when studying the proposed changes. 8. COUNCIL GOAL DISCUSSION: INCREASING POLICE SERVICES AND LOCAL OPTION LEVY City Manager Wine led the discussion regarding staff's request for guidance related to pursuing a local option levy or bond in the May 2020 election. Staff's recommendation to Council was that the levy would be identified earlier,more clearly defined, focused on a supportable city service and at a lower rate than the failed 2018 levy. City Manager Wine emphasized that the levy is a funding means to reach an end,which in this instance is increased police services. The Council has identified that increasing police patrol services and staffing will reduce response times. At the Council's December 17th Workshop meeting, Council asked staff for more information regarding other ways to fund these services. In response, staff prepared a matrix as a starting point for discussion.Alternatively, Council could stay on the path to pursue a local option levy in May 2020. If Council chose to make a referral,they would have until mid-February to request staff action. Mayor Snider stated he appreciates the due diligence staff has shown in researching other funding methods. He believes this is what the Council needed to help decide. Council President Goodhouse stated they have been on the path for a local option levy and have told the public this, so his preference is to keep moving ahead to keep the message consistent. He said the Council should make sure the public knows there are things that need to be fixed and that this is how it can be done. TIGARD CITY COUNCIL MEETING MINUTES -January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 10 Councilor Newton stated she appreciates the work done on funding sources. Having gone through a variety of documents, she wants the public to understand this is a priority for the Council. She explained that the types of police calls officers get are changing and she is concerned about the calls they spend more time on. She said she feels like adding officers is not adding new services but trying to keep up with changing police work. The levy is a tool that we should go forward with, and the public needs to know we are making this a Council priority. Council President Goodhouse asked what a vacation check was. Councilor Newton explained that police had time previously to check on properties of people who were out of the area on vacation. Councilor Anderson said the most equitable way to fund this is through a local option levy as opposed to other types of taxes.He said he wanted to give voters another chance because police and safety are important to this town. He added that if for some reason the levy is declined, there are other options available. Councilor Lueb said she listened to the December 17th meeting audio and what she heard about the survey results was disheartening. She expressed concerns about police staff and noted they do stressful work without breaks due to packed schedules. She commended police for managing all they must do during their shifts. Councilor Lueb said the police and Council have done a wonderful job trying to get the word out to the public. She said, "It is frustrating to find ourselves in this situation. When you explain to people individually, they become supportive." She said it was important for Council to continue to reach out to people on an individual basis. They have tried this at many community events;it takes time to get the message out. Councilor Lueb asked if the levy was the best solution,and she had issues with going out,the levy not passing and then Council looking at a public safety fee. She said it wouldn't feel right when the public has said no. She said she hopes the Council can get it passed,but that they should be considering all outcomes. Mayor Snider repeated that when someone sits down and has a 15-minutes conversation,people comprehend that more police are needed. Council has put in the time trying to communicate, and it takes a long time to help the community understand. He said he understood Councilor Lueb's concerns,but he feels Council has been entrusted to make the best decision on behalf of the citizens. Councilor Newton said she thinks that it is time to shift and communicate that this is Council's priority and they will solve it one way or another. It needs to be communicated to the public that if Council cannot meet this need in one way,they will find another way. She suggested using the performance audit as a communications tool. She emphasized that they were elected to address the problems and they as a Council will do so with the tools available. Council President Goodhouse agreed that from now until levy time everything needs to be police-focused. What he likes about campaigns is the spotlight it can put on an issue.He said he was optimistic, but that it was an education issue according to the polling results. He also asked about how many people from the first to second survey were duplicates,i.e. returning survey takers. City Manager Wine said DHM will be delivering a detailed report on January 9th. TIGARD CITY COUNCIL MEETING MINUTES—January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 10 Mayor Snider said he heard consensus from Council to move forward on the levy. He said they only have four or five weeks to finalize ballot tide language. He said he wanted to take a stab at the ballot tide,proposing that Council move forward for 29 cents per thousand (assessed value), eight officers and one additional school resource officer (SRO),which was also supported by the performance audit. This proposal would not separately focus on homeless outreach, as much as he would like to keep that in. It doesn't focus on the core mission of patrol response. He said de-escalation training needs to be done anyway but it could be added to the proposal. Council President Goodhouse asked if support staff were included in the 33-cent levy. Mayor Snider said the 29-cent rate, keeping 9 officers,will include support staff. Councilor Newton said support staff must be funded. She did not think it was prudent not to fully fund the complete cost. She is comfortable with getting more resources and letting Police Chief McAlpine decide how to deploy the funds. Mayor Snider asked what the cost of nine officers with support staff would be, at a rate per thousand of assessed value. Council President Goodhouse stated it would be easier to get the bare bones version for officers only passed. Finance and Information Services Director LaFrance said his recommendation is to come back at a future meeting to figure the rate for a fully supported nine-officer package. Finance staff can cost out the SRO and homeless outreach. Mayor Snider asked the other Councilors for their perspectives. Councilor Lueb asked for Chief McAlpine's perspective on a choice of one SRO or two homeless outreach officers. Chief McAlpine said youth are important,but the pull for other services draws officers away. The performance audit said to add one more SRO,but she felt first and foremost the City needs officers on the street- hired, trained and deployable,out in patrol cars. City Manager Wine suggested staff get direction from Council and come back at next week's meeting with additional information on the range of rates possible. Mayor Snider suggested moving forward with a local option levy in the 30-cent range, 8 to 11 officers,possibly funding support staff and possibly not. Councilor Lueb said she will not vote for any proposal that does not include staff support for the officers. Mayor Snider said they want unanimous Council support for the ultimate levy and so that would preclude leaving the cost of support staff out of the ask to voters. Chief McAlpine said de-escalation training is a priority. Police staff would like all the officers to get this training in a timely fashion (and not the slow pace they are on currently). The levy would allow them to train all the police force rather than)ust a few at a time. Mayor Snider said that he believes the training is critical and should be included. Council President Goodhouse said a perfect package can be built and it still may not pass. He wants a proposal that is more bare bones and speaks to what people want in order to ensure passage. He suggested Council and City staff could find funding for support staff from other sources. He said he did not want Council to lose sight of the need to be concise and direct. Mayor Snider said he would be more willing to consider that,but that they found hardly no price elasticity in the survey results. He asked Youth Councilor Turley for her thoughts. She said the SRO is important, but it's also important officers receive de-escalation training as soon as possible. TIGARD CITY COUNCIL MEETING MINUTES -January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 10 Councilor Newton asked why including de-escalation training in the upcoming budget doesn't address the braining issue. Chief McAlpine explained that currently officers get a couple of spots in a training for free,hosted by one of the regional counties.The cost is for overtime to allow the officers to unplug.This model would allow the City to host its own training and have a larger group of officers attend. Councilor Newton asked if the City put funding in the budget for the next year, could all officers get gained in the next year?Mayor Snider clarified that they are asking if the City added money to the budget,whether the Chief could get all the officers trained. Chief McAlpine said that they are currently on minimum staffing every day, so she is hesitant to do another 40-hour training. Without the additional officers, she could not backfill with current staff. Council President Goodhouse stated he thinks the de-escalation training is part of the larger picture and including it in the package communicates to the public the importance of this training. City Manager Wine snmmamed that the Mayor's proposal for 29 cents, 8 officers and one SRO is the package the Council wants costed. This would include identifying what is possible to fund in a package for 29 cents,including support staff. Mayor Snider stated he thinks the two homeless outreach officers aren't possible at the 29-cent rate. Council President Goodhouse stated he wanted a list of options, one scenario with all the requested police, one without an SRO, or support staff, etc.Mayor Snider asked staff for a table of all the components, translated into an approximate rate per$1,000 assessed value. Councilor Newton said whatever gets proposed must be fully staffed. Council President Goodhouse suggested keeping it under$100 annually for the average property. Mayor Snider asked Council to be prepared to be ready to make a final decision so they can move forward with ballot language at the next Council meeting. City Attorney Rihala said any input the Council can provide related to the ballot title would be helpful since staff should start working on that as well. Councilor Newton clarified that the levy and funding police services is a Council priority that they will address. She expressed support for Police Department personnel and said the City is fortunate to have each and every one of them. 9. NON-AGENDA ITEMS 10. EXECUTIVE SESSION—None. 11. ADMINISTRATIVE REPORT City Manager Wine said this is a new Council meeting feature which will have administrative items and reminders previously provided in study sessions. The purpose is for the City Manager to give the Council an update on administrative items. It is a good time for Council to ask questions about programs and changes they hear about and request more information. TIGARD CITY COUNCIL MEETING MINUTES —January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tiga.td-or.gov I Page 9 of 10 City Manager Wine reported that the City has been asked to vote on a GPI (Greater Portland Inc.) Small City Consortium representative. Mayor Snider will be the one voting. She also reported that photo enforcement begins at midnight on January 8th at the intersection of Hall Boulevard and 99W, starting with a 30-day warning period. 12.ADJOURNMENT At 7:49 p.m. Councilor Newton moved for adjournment. Council President Goodhouse seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 67'A Carol A.Krager,City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES—January 7, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 10