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City Council Minutes - 04/21/2020 City of Tigard Tigard City Council Meeting Minutes TIGARD April 21, 2020 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Youth Councilor Turley ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items Councilor Newton reported that former Councilor Nick Wilson passed away last week. She wanted to thank his wife Suni, his sons Alex and Chris, and daughter Anissa for sharing Nick with the City. Councilor Newton said she had the pleasure of working with Nick Wilson for two decades during her time on City staff. She said he was elected to Council in 2002 and served until 2012. During his time on the Council, Councilor Wilson helped create the Fanno Creek Overlook. Mr.Wilson moved his Portland office to Tigard and his window overlooked the Fanno Creek Trail. Councilor Newton thinks it would be an amazing tribute to Councilor Wilson to name the future plaza at that site for Councilor Wilson. She sent a request to Parks Supervisor Martin McKnight to name it Wilson Memorial Plaza. Supervisor McKnight got back to her and said the cost is $575. She asked that Council consider making that expenditure to honor this former Councilor. Mayor Snider echoed that working with Councilor Wilson was a pleasure and they all learned so much from him. He said that Nick never wanted recognition,but that now the City can do what they think is right. Councilor Lueb added that she never worked with Nick, but after speaking with the staff and Council who had worked with him,this sounded like a fitting tribute. Councilor Anderson said he was serving on the Planning Commission when Nick was on the City Council, and he whole-heartedly agrees with this proposal. Council President Goodhouse said that Councilor Wilson did a lot of positive things for the Tigard downtown area and outdoor spaces. He said that a lot of TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 17 the work going forward now is possible because of the groundwork that Council and Councilor Wilson laid in previous years. Mayor Snider thanked the Wilson family and asked City Manager Wine if the Council needed to take any formal action. City Manager Wine said their direction is all staff need to move the memorial further, adding that the project will not be constructed for another couple of years. 2. APPEAL OF THE ART RUTKIN ELEMENTARY SCHOOL CONDITIONAL USE PERMIT A. Open Public Hearing—Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider asked City Attorney Rihala to read the hearing procedures. City Attorney Rihala stated this was a quasi-judicial land use proceeding and needs to follow applicable Tigard Community Development Code (CDC) sections. Testimony, arguments and evidence must be directed toward the relevant approval criteria described in the staff report or other land use criteria that apply to the decision. City Attorney Rihala read a number of other procedures,including the requirement that each member of the Council state they have no conflicts of interest and have had no ex parte contacts. C. Mayor Snider asked each Councilor if they have a conflict of interest or have had any ex parte contacts. Mayor Snider stated he has had neither ex parte contacts or conflicts of interest. Upon being called on, each of the Councilors affirmed they had had neither ex parte contacts or conflicts of interest. D. Associate Planner Bilodeau explained that both parties to this appeal have agreed to conduct this public hearing via written testimony only. The City appreciates their flexibility and to facilitate that process, the record will be left open an additional 7 days,until April 28, 2020 at 4:30 p.m. The record will be then be open for an additional 7 days for rebuttal, until May 5, 2020 at 4:30 p.m. Finally, the record will open for final written argument from the applicant,until May 12, 2020 at 4:30 p.m. Associate Planner Bilodeau reviewed the background of the project, for which the Tigard- Tualatin School District submitted a Conditional Use Permit for an elementary school in the River Terrace neighborhood in May of 2019. The Conditional Use Permit (CUP) was approved in February of 2020. The proposed use is on a 20-acre property owned by the school district,who applied to partition the property into two 10-acre lots in 2018.The partition was approved by the City's Hearings Officer in August of 2019,but appealed to the Land Use Board of Appeals, (LUBA) which affirmed the Hearings Officer's decision in March 2020. The partition decision is final as far as the City is concerned. The LUBA appeal does not change the fact the City's process is complete and recording the plat isn't required to submit the application. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 17 Associate Planner Bilodeau showed and described the proposed site plan submitted by the school district. It includes a 51,000 square feet school building with 26 classrooms, a build out of River Terrace Boulevard along the west and a community trail on the southern border of the property. There are two adjustments proposed in the CUP, for bicycle parking and sensitive land review. The bicycle parking is a reduction in the number of spaces and the location of those spaces. The appeal was received on February 20, 2020 and centered on six items, all addressed in the final order. Staff recommended denying the appeal, upholding the approval of the CUP,with the adjustments for bicycle parking and Sensitive Lands review. Mayor Snider asked if it would be appropriate for the Council to deliberate given the record would remain open. City Attorney Rihala confirmed that they would only be asking factual questions about the staff report. Councilor Newton asked about the adjustment of bicycle parking. She said it looked like they would be able to accommodate all the require bicycle parking over time. Planner Bilodeau said the district has said they have land they could set aside in the future to fulfill future need. Councilor Anderson asked if the City had a cost estimate for facilitating the sanitary sewer extension?Associate Planner Bilodeau said that nothing has been submitted by the applicant as far as cost, so she is unaware what that amount would be. E. Public Testimony—Mayor Snider announced that written comment was accepted until 4:30 p.m. today. Mayor Snider read the name of the party submitting testimony and announced that the testimony has been submitted into the record. • Ken Sandblast,Westlake Consultants • Stephen T.Janik and Damien R. Hall,Ball Janik LLP Mayor Snider confirmed that each member of Council had received the testimony and they affirmed. F. Mayor Snider closed the public hearing, but left the record open an additional 7 days,until April 28, 2020 at 4:30 p.m. The record will be then be open for an additional 7 days for rebuttal,until May 5, 2020 at 4:30 p.m. Finally, the record will open for final written argument from the applicant, until May 12, 2020 at 4:30 p.m. 3. RECEIVE PRESENTATION FROM TRIMET ON SW CORRIDOR CONCEPTUAL DESIGN REPORT Introduction Project Planner Gary Pagenstecher explained he was the team lead for the SW Corridor Light Rail Project and reviewed a brief history of the Tigard-TriMet Memorandum of Understanding (MOU) for the minimum operating segment (MOS). He introduced Dave Unsworth, Director TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 17 of Capital Projects and Jeb Doran, Senior Project Manager from TriMet would present the Draft Conceptual Design Report (CDR)to Council. He said that following TriMet's presentation, staff will present their comments to the draft CDR. Project Planner Pagenstecher added that these presentations are required as part of the MOU regarding the SW Corridor Light Rail Project. TriMet Presentation Mr. Unsworth said that TriMet and Metro have planned for a Regional Rail System since the 1990s, and the SW Corridor is the last component of this comprehensive plan. SW Corridor comprises 13 stations from SW Portland to Bridgeport Village,with an anticipated travel time of 30 minutes. He said this was more than a rail connection, but about connecting communities. Mr. Unsworth highlighted some other regional issues this project intends to address,including equity and affordable housing; transit-oriented development; as well as local climate goals.The orange line in Milwaukie created over 8,000 jobs and he thinks this SW Corridor Project could also be a powerful contributor to the local economy. He explained that in the project timeline, the team is at the Conceptual Design Report (CDR) stage,which informs the 30-percent design set. TriMet expects to publish a final environmental impact statement (FEIS) by the end of summer. Construction would occur in 2022 at the earliest, opening in 2027. Mr. Unsworth introduced Jeb Doran, Senior Project Manager,who has been leading the Conceptual Design Report (CDR) materials. Mr. Doran explained the CDR is guided by the project principles,identified through a public process. This is a turning point in the project where the team goes from alignment decisions to station level design. This allows the team to progress to 60-percent design set. Mr. Doran outlined the outreach that had occurred for the SW Corridor project thus far. He said that the design is always a work in progress. Tigard specifically has a slightly different design for the street-level elements. There are six stations planned for in and around Tigard-68`'Ave, Elmhurst, Hall,Bonita,Upper Boones Ferry, and Bridgeport Transit Center. This alignment reflects the existing conditions on the ground. I-5/99WI Crossings Mr. Doran highlighted that the current alignment goes over and under existing infrastructure in Tigard. He pointed out that it would go under 99W/Pacific Highway,preventing any impacts on that thoroughfare. He explained the line would then fly over OR-217 between the SW 68`'and SW Hall Blvd. Stations. The ability to go over things is also employed to avoid sensitive environmental resources,including Red Rock Creek. SWI 68`h Parkway Station Mr. Doran explained that the first stop in Tigard is at the SW 68`'Parkway station,which will serve the north Triangle and Metzger. He repeated that the alignment travels under 99W and over SW 68`'and Red Rock Creek. This station will be at grade with 99W/Pacific Highway to allow for bus transfers. They have planned additional pedestrian crossings at SW 64`'and SW 68`''. They also plan to add mid-block pedestrian crossing on 9W near SW Coronado. TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 17 SWI 70`h Avenue Improvements The 70`'Avenue station will be partially developed through this project, and Mr. Doran explained that would help build out the historic street grid planned in the Triangle. It also supports SW 70'Ave as a north-south pedestrian spine,with lots of transit-oriented development planned alongside in the Triangle. Mr. Doran noted that TriMet is still in discussions with Tigard staff to improve the pedestrian experience along SW 70'Ave and have discussed implementing a complete shared-street design. He said the team would consider the tradeoffs between development and connectivity goals to make decisions about that segment. Elmhurt Street Station / OR-217 Crossing Mr. Doran explained that the Elmhurst Street Station will serve the heart of the Tigard Triangle and be a "mobility hub."He said that TriMet is committed to resolving the issues raised by Tigard staff about this station's design and the planned gated crossing at this location. He said that as part of the project, the Elmhurst and SW 70'Ave intersection would be redeveloped in order to align the street cross-section. He said this crossing is the transit link between the Tigard Triangle and Downtown areas. Mr. Doran said that TriMet supports the addition of a multi-use path over Highway 217, but that it will require the agencies seek joint funding for the added costs. Hall Boulevard Station The Hall Boulevard station serves the historic downtown and Hunziker industrial areas. It includes a 100-space Park&Ride and updated bus stops and pedestrian facilities on SW Commercial Street. This segment also includes the realignment of Hunziker with Scoffins and Hall Blvd. streetscape improvements. This is planned to be a gated crossing. Mr. Doran explained that the TriMet Operations and Maintenance Facility (OMF) would be based alongside the Hall Street Station. This facility is necessary to support light rail operations, but he added that they are committed to achieving employment-based development goals as listed in the project charter. Bonita Road Station Bonita Road Station is next up, sitting on the seam between Fanno Creek and the Durham Road Industrial Area,providing residential and employment connections. The station is elevated,to avoid the freight rail and Ball Creek at this location. This station will provide access to the Fanno Creek trailhead. Mr. Doran said TriMet is still considering whether the elevated station is possible or if they will need to shift the station to the north. Upper Boones Ferry Road Station This station will serve the Durham Road Industrial Area and provides a safer crossing with the freight train at SW 72nd Ave. Both rail crossings at this site are planned to be gated, so TriMet is studying the traffic impacts of that design. TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 17 Bridgeport Transit Center The Bridgeport Transit Center Station will serve Bridgeport Village and the Tualatin downtown area with a 960-space Park&Ride facility, accessed by a pedestrian bridge over Boones Ferry Road. The design currently allows for future extensions to the alignment. Mr. Doran said traffic studies were also being conducted at the planned Bridgeport Transit Center Station and Park& Ride configuration. Mr. Doran said that concluded his presentation. He encouraged the Council to go to TriMet's website to view the flyover video of the proposed alignment of the entire SW Corridor Project. Staff Presentation Project Planner Pagenstecher thanked the TriMet staff for their presentation of the CDR. He emphasized that the two agencies are in partnership to improve regional mobility,where regional transit supports transit-oriented community development,which in turn supports light rail transit ridership. The City's concerns with the draft CDR relate to pedestrian access to stations and quality of the experience,particularly at the SW 68'Parkway,Elmhurst and Hall Boulevard Stations. He explained that the City is tracking many design issues in coordination with TriMet. Staff recommendations support the City's strategic plan by facilitating walking connections and ensuring the SW Corridor Project implements the City's vision. Sim 68'Parkway Station Project Planner Pagenstecher explained that the location of this station is a challenge for cyclists and pedestrians. He noted that elevated structures will visually dominate the area. Staff recommend a protected bike lane and mid-block crossing between 64`'and 68`'Avenues: SF 70`g Avenue Improvements For four blocks, the light rail track will be in the SW 70`'Avenue right-of-way. He said that staff believe they still need to address the quality of pedestrian experience on this road, since it will be the primary access route to the station. Elmhurst Street Station Project Planner Pagenstecher said that this station was central to the Tigard Triangle, since it provides connections across Highway 217 to the downtown area and to the Tigard-Lake Oswego regional trail. He explained staff believe the CDR must depict a four-way intersection at Elmhurst and SW 70`' as well as the proposed multi-use path (MUP) from downtown across 72"d to 70`'Avenue,which is critical to obtain funding to construct this component of the project. Hall Boulevard Station He said that the plan for this station is complicated by the adjacent Operations and Maintenance Facility. Project Planner Pagenstecher explained that the CDR should design this station area to maximize transit-oriented development (TOD) potential and acknowledge the area is a TOD "work in progress." TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 17 Project Planner Pagenstecher described that there are five significant elevated structures planned along the alignment within the City,which will be the most visually impactful elements for those living and travelling through Tigard. He said that the draft CDR should better identify design elements in these elevated structures that will have such visual impacts. Council Discussion Youth Councilor Turley thanked staff for their detailed presentation and said she had no questions. Council President Goodhouse said he had no questions either. Councilor Newton said she appreciated what Project Planner Pagenstecher had to say about the stations in the Triangle and how the City should take advantage of the redevelopment created by this project. She said she was concerned about the Hall Boulevard Station,which includes a maintenance yard and 100 parking spaces. She said the TOD sounded vague and she is not sure what it would look like. Project Planner Pagenstecher said the project charter calls for a number of design meetings before Council will be asked to approve anything. He said the items she raised will be addressed but doesn't think this will be complete before publication of the final Conceptual Design Report. Mr. Doran said that the TOD elements would typically be considered closer to the end of a project and that TriMet staff are making a concerted effort to think about these integration efforts holistically to make the right design choices for the project. He thinks this project is a really unique opportunity and he is excited to be a part of it. Project Planner Pagenstecher said there hasn't been much discussion or attention to the elevated structures or the Operations and Maintenance Facility (OMF) from a partners' perspective. He expressed concerns the OMF will impact the local Red Rock Creek stream corridor and the floodplain located adjacent to the site. Mr. Unsworth pointed out the OMF was not designed to enter the floodplain or buffer zone at all. Mr. Pagenstecher said he thought the draft CDR should include a cross section showing a ground-level view of the OMF depicting the grade and what members of the public will see when they look toward the TriMet facility from downtown. He said he felt the OMF should look less industrial and more natural and thought it was time to start these discussions with TriMet to get more assurances regarding these design elements. Mr. Unsworth said that the project will be painted out as they engage with the public throughout the planning process. Councilor Lueb thanked staff for this work and for pushing TriMet to keep their promises to the City. She agreed with staffs proposed changes to the draft CDR and echoed Councilor Newton's concerns regarding the Hall Boulevard Station area, stating it's important to add value to this critical downtown area. She urged staff to continue to be mindful of how the end result will look within the surroundings. Councilor Anderson said he supports further negotiations on these design issues. He agreed that the Hall Boulevard Station is important, and the City would like it to be the "Taj Mahal" of all stations. He emphasized pedestrian safety at this station location. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 17 Mayor Snider echoed comments on the Hall Boulevard Station. He highlighted the partnership between the City and TriMet needed to make the multi-use path component come to fruition. Council President Goodhouse said he felt the same as Mayor and Council regarding the Hall Boulevard Station. He thinks there needs to be more parking spaces and development in that area. Project Planner Pagenstecher said that TriMet has been a willing partner as far as transit-oriented development and they are confident TriMet will work with the City on the multi-use path over Highway 217. He concluded that he was very excited about this project and that he believes the City is making good progress. 4. CONSIDER A RESOLUTION AUTHORIZING AN OPERATING AGREEMENT WITH WASHINGTON COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)JOINT ENTITLEMENT Senior Planner Warren presented the staff report. He explained that Community Development Block Grants (CDBG) began in the 1970s,when no city in Washington County was large enough to qualify for funding alone. As a result, the cities formed a consortium. Since then, CDBG funding has brought over $69 million in funding to the area. Projects that are funded include infrastructure improvements,public facilities,public services and housing. As populations in Washington County have grown,cities within the consortium have qualified for CDBG funding on their own,including Beaverton,who decided to become a full entitlement city in 1994. The City of Hillsboro elected to become a joint entitlement city with Washington County in 2000 and then a full entitlement city beginning in 2018. The City of Tigard was first notified of eligibility in 2014, having reached a population of 50,000. The CDBG cycle is three years and every cycle the Council is presented with three options to obtain this CDBG funding: (1) no entitlement (status quo), (2) full entitlement, or (3) joint entitlement. Senior Planner Warren explained what each of these three choices entailed. Option 1 would decline the entitlement and retain the status quo as a consortium member with Washington County. Under this scenario,the City would sign the same IGA with the consortium members that was passed when this issue arose the three previous times.This option allows the City to compete for CDBG funds allotted to the consortium and means the City will receive certain funding as a result of the Joint entitlement IGA. Option 2 is Full entitlement,which would give the City its own CDBG funds. The City would not participate in the policy advisory board and would also be responsible for completing all CDBG program reporting requirements. Staff do not recommend this option due to the staff and budget impacts it would entail. Staff are recommending the Council move forward with Joint entitlement,which would announce allocation for the City separately while the City remains in the consortium IGA. Under this set-up,Washington County will retain all responsibility for federal program compliance. TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 17 The City's operating agreement lays out the terms for joint entitlement and staff are recommending approval of this agreement tonight. A second IGA will be needed later to lay out the federal terms for Joint entitlement. This is essentially a HUD-developed document that neither the City nor the County have much control over the content. The first entitlement under the new status would be received in July 2021. Specifically, the operating agreement states the City would retain 50% of its entitlement annually and will remain eligible for the County consortium funds. The additional 50% of the City's entitlement would go to Washington County,with 20%going to administrative costs, 15% public service projects and 15% other programs. The City is able to carry up to 50% of its entitlement each year to fund larger projects and retain its seat on the Policy Advisory Board. The CDBG funding would be combined with Construction Tax revenues. Early priority projects for these funds are down payment assistance to the community land trust and ADA retrofits of city intersections. Senior Planner Warren added that achieving Joint entitlement for CDBG funding is the key funding mechanism in the Affordable Housing Plan. Council Discussion and Consideration: Resolution No. 20-20 Council President Goodhouse asked about the increased workload to manage the program and if the City had available staff to do so. Senior Planner Warren explained that it balances out, since there is already a good deal of staff time spent on CDBG funds. Under the new scenario, the upfront work City staff have been completing will be reduced. Councilor Newton said she agreed Joint entitlement was the way to go. She is excited to have a funding source for the newly adopted Affordable Housing Plan. Councilor Lueb thanked staff for their work. She asked whether there would be a tipping point at which the city would want to move to Full entitlement. Senior Planner Warren agreed that at some point,it will make sense to make the leap into Full entitlement. Similar to how Hillsboro approached this change, this allows the City to learn alongside the County and get ready for the day when Tigard is a full entitlement community. Councilor Lueb said she felt this was a good stepping stone. Councilor Anderson said he supported the move to Joint entitlement. Youth Councilor Turley agreed. Mayor Snider asked about the population threshold for going from Joint entitlement to full entitlement, 80,000 or 100,000, for example. Senior Planner Warren said that was about the size of the two cities that became full entitlement communities. Councilor Lueb made a motion to approve Resolution No. 20-20. Council President Goodhouse seconded. Mayor Snider asked Deputy Recorder Patton to read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 17 Resolution No. 20-20—A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE WASHINGTON COUNTY OFFICE OF COMMUNITY DEVELOPMENT SETTING OUT THE OPERATING TERMS FOR JOINT ENTITLEMENT IN THE COMMUNITY DEVELOPMENT BLOCK GRANT Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. 5. CONSIDERATION OF A RESOLUTION EXTENDING THE EMERGENCY DECLARATION RELATED TO COVID-19 City Attorney Rihala presented the staff report regarding the City's emergency declaration which began on March 17, 2020. The declaration is set to expire on April 30 and the City needs additional time to address the emergency. City Attorney Rihala said that May 31,2020 was a good guess for a timeline and the City could always shorten or extend the declaration as needed. This version is similar to the original resolution with two differences, described here. The addition of Section 4b would allow the City Manager to sign IGAs,which are non-LCRB actions. Also, Section 4f was added to include language to allow the City flexibility to seek outside assistance, such as cooperative acquisition of PPE. Council Discussion and Consideration: Resolution No. 20-21 Councilor Lueb made a motion to approve Resolution No. 20-21. Councilor Newton seconded. Mayor Snider asked Deputy Recorder Patton to read the number and title of the resolution. Resolution No. 20-21 —A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY RELATED TO COVID-19 Mayor Snider asked Deputy City Recorder Patton to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 17 The motion passed unanimously. 6. DISCUSS FOLLOW-UP ON THE CITY'S RESPONSE TO COVID-19 City Manager Wine presented the staff report. She explained that this item was a follow-up to their April 7`'Business Meeting where the Council discussed next steps for COVID-19 response. She said staff are will answer questions raised by Council before seeking guidance regarding what more needs to be considered. Issues raised at the April 7'meeting included rate relief,what services are being provided, resources needed for first responders, City's community outreach, broadband access as well as any"Phase 2"recommendations. Rate Relief Options Staff proposed three potential options: 1. Delay rate increases scheduled for July 1, 2020 (recommend increase in January or July of 2021) 2. Expand utility assistance contract (only low-income, could apply to all utilities) 3. Waive 10% of water base charge for unemployed Mayor Snider clarified that item #3 refers to waiving the entire water base charge for unemployed,which would be an estimated 10% of ratepayers. The way it is worded on the slide suggests that it would waive 10% of a customer's base fee. Mayor Snider also asked if there was an opportunity to change the criteria that St.Vincent dePaul is using to administer funds during the pandemic. Finance and Information Services Director Toby LaFrance said that early discussions suggest St. Vincent dePaul may be willing to help administer this program on behalf of the City, but an agreement would need to be completed before that could occur. Mayor Snider began to poll the Council. Councilor Anderson said he supported the delay in rate increases to January 2021. He agrees with option #2 with proof of unemployment and he wondered about the additional staff administering that program would require. Councilor Lueb asked Director LaFrance a clarifying question about the estimated impact figures presented to the Council in their memo from staff. Director LaFrance confirmed her understanding, explaining that the proposal would delay the January increase and resume the usual rate schedule in July. Mayor Snider asked if it would be an option to increase the rate the same amount the City would have after the delay,instead of delaying all future increases. Director LaFrance confirmed. Councilor Lueb said she'd be in support for a delay until January 2021 with a reevaluation of the state of the economy in July. She said waiving the base water fee for those on unemployment would be a great way to ease the financial burden on residents. Councilor Lueb said that communication about this program will be crucial for residents who have never been unemployed before. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 17 Councilor Newton thanked staff for the thorough report. She said she was in support of delaying until January 2021, at which time staff can reassess. She said she also supports option #3 and is hopeful St.Vincent dePaul could help administer this. She asked if they were still considering option #2. Mayor Snider said they were just discussing whether there was a hybrid approach of options #2 and 3, but that it was not proposed by staff. Councilor Newton said even small business owners are having trouble paying utility bills as well, and not just the unemployed. Mayor Snider asked if there were any staff considerations for relief for small businesses. Director LaFrance said that staff considered it but were trying to help parts of the community that haven't received assistance yet. Councilor Newton said she had spoken with small business owners that applied for the City's CARES program but haven't heard whether they were approved. There were also those firms that were not awarded funding. Council President Goodhouse asked Director LaFrance if there was a set amount of resources to apply or a cap on waived costs. Director LaFrance said the greater the relief the City provides, the greater the impact to the utilities. Down the line, the City may see if these impacts would impact capital improvement projects, for example. Director LaFrance clarified that rate increase delays would help all utilities' customers. He explained that the 10-percent figure was based on levels of unemployment during the Great Recession in Tigard. This was only an estimate and it may actually be a larger portion of the population. Council President Goodhouse said he would like staff to look into giving small businesses additional relief, since not all small businesses have received help. City Manager Wine said that staff could explore that and bring back a proposal.Youth Councilor Turley said she supported the rate increase delays as presented in Option #1. Mayor Snider asked staff about backflow testing relief for those facing deadlines. He said the public would need to know that requesting an extension is an option. City Manager Wine said she knows the state will not waive the backflow testing regulations,but staff would increase their communications on contacting the City for an extension. City Manager Wine asked Council if they had other thoughts so that staff could capture them. Mayor Snider said that if the emergency continues,building permits may need to extend permit timelines. The Mayor noted there will be bigger implications for the community should this crisis get worse. Councilor Newton added that she knows her backflow is tested automatically through a testing management company. She suggested the City reach out to those local providers and let them know residents can request extensions. President Goodhouse asked if business license or alarm permit fee delays would be helpful. City Manager Wine said staff could explore these options. Mayor Snider said he did not want to make any changes with additional impacts to the Commercial Crimes Unit of the Police Department,which is funded by partly by business license fees. He suggested any relief be short-term and limited in scope. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 17 Councilor Newton said that she had had the same thought of Mayor Snider. She thought about allowing businesses a grace period to pay the business license fee so as not to impact Commercial Crimes Unit funding. Councilor Newton said staff could be more flexible when it comes to fee deadlines during the pandemic. Council President Goodhouse suggested that closed businesses should not be assessed their business license fee until three months after reopening. Mayor Snider asked staff to bring back proposals to Council with more detailed plans to provide relief of water base charges,relief to small businesses, and/or business license renewal extensions. City Services City Manager Wine recognized there was a perception the City was not working with the facilities being closed. She said staff have been working hard to shift services to virtual operations. She recalled that the Council had asked whether City staff in Police, Public Works and Facilities specifically have had everything they need to do their jobs. City Manager Wine said the City activated the Emergency Operations Center (EOC) on April 6th,which coordinates with regional jurisdictions to align policies and procedures. This was initiated in part to make sure City staff would be able to obtain what they need to complete their work when their job does not allow for social distancing. Phase 2 Relief City Manager Wine moved on to a broader Council discussion regarding what"Phase 2"will look like. She encouraged a discussion of where the City should invest its available funds, and whether they to make those investments now. The Leadership Team and EOC met and thought there should be further research into whether there should be a Phase 2 of these relief programs. To make an informed decision,it will be crucial to know more about what residents need and want in order to best respond to those needs. She said that staffs recommendation is to take a comprehensive look at what City funds should be used for COVID impact investments versus existing Council priorities going forward. In closing, City Manager Wine said staff believe Council needs to have a larger discussion about funding priorities as a whole before moving forward with a Phase 2 of these relief programs. Mayor Snider asked City Manager Wine to clarify the number of staff that have been furloughed. City Manager Wine said Council will get more information about this soon, as they look at the current forecast,workforce and how these may need to adjust. City Manager Wine reported that within the first couples of weeks,it was determined that temporary/on call staff in the library and recreation would be laid off to allow them to apply for unemployment. City Manager Wine said the Leadership Team has been asking questions if it made sense to make changes in this moment, as other cities have done. She said that Council would receive a detailed memo from Financial&Information Services Director LaFrance about City forecasting. The City does not rely heavily on funding impacted by the COVID pandemic, e.g. tourism or transient lodging tax. She said that the Leadership Team believes it does not make sense to make additional layoff decisions or changes in workforce at this time. The City doesn't rely heavily on tourism or transient lodging tax revenues,which has made other cities consider extensive TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 17 workforce changes. Mayor Snider said he wanted to be judicious and thoughtful about finances, but he agrees Tigard is in a different position in terms of revenue forecasts. Councilor Lueb said she appreciated staff having these hard conversations and that she thought they were important conversations to have. Council President Goodhouse said he thinks it's good that they are looking at what other cities are doing and that he believes it would be good to hold off on any pay increases in solidarity with the community. He added that the City should let the Council know if the City needs any additional safety wear so that he can ask his contacts. City Manager Wine responded this was the purpose of the EOC and that Tigard companies have been very generous in providing personal protective equipment. She said he could let the EOC know of any prospective donations. City Manager Wine then noted that while they can look to what other cities are doing,it is also important to remember the ways in which Tigard is different from those other communities. Council President Goodhouse said he thinks there needs to be more outreach to the business community regarding what will help them the most in forming a plan for Phase 2 relief programs. He suggested finding more creative ways of delaying fees or breaking them down into payments. He said this would produce programs that were better for the business community. Mayor Snider said the other item that's crucial is having an organized and well-coordinated economic activity approach to support Tigard businesses, especially in the downtown area,when things reopen for business. The Mayor said he thought the City should lead that effort, broadcasting Tigard is open for business as soon as possible. He emphasized the plans should be made now in anticipation of when the Governor allows reopening. Council President Goodhouse said he liked the idea of the City highlighting businesses as well as lobbying the federal government for more PPP [Paycheck Protection Program] funds. City Manager Wine said the City's lobbyists, CFM Advocates are actively engaged in promoting these efforts at the federal and state levels. Councilor Lueb said that she appreciated the thoughtfulness staff has taken in looking into the next phase of relief programs. She said she wanted to be sure the Council continues to look at the whole picture and be careful not to impact funding of City programs and services through these relief programs. Councilor Newton echoed Councilor Lueb's thoughts and wanted to reiterate that the Council will need to be mindful of these issues during the upcoming budget process. Mayor Snider said he wanted staff to be communicating more aggressively with the public regarding the rate relief programs available to residents and businesses. He said that the Tigard CARES program roll out was not a good experience, and although speed is important, so too are communications about the programs. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 14 of 17 Community Outreach Efforts City Manager Wine said staff tried to give Council a flavor of what staff are doing to shift to virtual platforms and maintain communications with the public. The common themes in questions staff have been hearing from the public are more information regarding housing,virus testing,physical distancing and how the community can contribute. City Manager Wine said this communication is a two-way street and staff will work on being more aggressive and clear in messaging,while reaching every channel that they have available. She said they are working on getting a feel for community needs and they are very broad. Digital Access City Manager Wine said there are many reasons why digital access is inequitable in the City. The City currently provides public access to wireless internet at the library and through Comcast hot spots. The City's plan is to expand digital access through activating free Wi-Fi for the public at the few City facilities in Tigard. Staff recommend a better assessment of digital access within the community, such as where a digital divide presents and who it affects,including a digital access map. Longer term alternatives include completing a plan to expand digital access within the City or potential code changes to make free internet more widely available. Youth Councilor Turley said that the options proposed are wide ranging and staff have presented a good menu of actions. She said she still worries about distance learning equity,but this is a good start. Council President Goodhouse agrees with Mayor Snider that the City needs to find more ways to get the information out. Councilor Lueb said it's a great start to stay connected with the community as the City and the nation moves to more digital platforms. She would like the City to continue to look at long term solutions to providing expanded access. Mayor Snider said there will be some form of physical distancing for the next 12 to 18 months. He thinks that the City needs to work on the digital access issue. Even if staff can't do anything in the short term, they should still be addressing it since digital will only become more prevalent. Councilor Newton said she was specifically interested in the long-term solutions like franchise fees through the Metropolitan Area Communications Commission (MACC). City Manager Wine said staff would follow-up on reactivating public Wi-Fi and a digital access map, as well as continue work with the Tigard-Tualatin School District and the City of Tualatin to expand digital access across the community. Council Discussion Mayor Snider asked staff to revisit the issue of closed dog parks and why social distancing cannot be maintained. He also advised staff to reevaluate the City's stance on public bathrooms due to the impact to the homeless and recreators. He said other cities have open public restrooms with increased cleaning regimens. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 15 of 17 Councilor Newton said she had received feedback from the public that physical distancing was not sufficient in other communities'dog parks and appreciated what the City was doing by keeping the parks closed. Council President Goodhouse shared several issues of concern,including increased graffiti downtown,prevention of illegal fireworks (since local show is cancelled), helping neighbors connect (like National Night Out for the City), and the status of the Fanno Creek Trail project at Grant Street. Mayor Snider said the Fourth of July fireworks show is not a City event and City Manager Wine confirmed the community organizers had cancelled the show. City Manager Wine said staff would respond to the Council in writing regarding these issues. Councilor Newton said she had been making phone calls for the Tigard Safety Levy. She shared she was invited to a physically-distanced neighborhood bingo game. Councilor Lueb reminded the public there was an election in May. Voter pamphlets will be delivered between April 22nd and 24`h. The Voter Registration deadline is April 28, 2020. Tigard's Police Service Levy is on the ballot. She added that voters no longer need to stamp their ballots before sending in the mail. Council President Goodhouse added that there is the 2020 Census,which will influence how CDBG funds are allocated to the City. Councilor Anderson said he had nothing to add. 7. NON-AGENDA ITEMS 8. ADMINISTRATIVE REPORT City Manager Wine had no administrative report. 9. EXECUTIVE SESSION—None scheduled. 10. ADJOURNMENT At 9:20 p.m., Councilor Lueb made a motion for adjournment. Council President Goodhouse seconded. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES -April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 16 of 17 V011A2)'- Caroline Patton,Dep City Recorder Attest: Jason B. Snider,Mayor Date: June 23,2020 TIGARD CITY COUNCIL MEETING MINUTES —April 21, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 17