City Council - Regular Meeting

Councelor Tyen present. Councelor Nishioa I'm here. Councelor Matthews here. Councelor Gwen here. Councelor Brown present. Councelor Bang here. Councelor Nordive here. Councelor Vney I'm here.

Mayor Julie Hoy here. All right, Councelor Matthews, would you please lead us in the pledge of allegiance for all? Councelor Nishioa, do we have any additions or deletions to the agenda tonight? We do not tonight. Great. Thank you. We're moving on then to council and city manager comment. Does anyone have anything they'd like to share?

Councelor Matthews. Uh, I'll just say so we several of the counselors here had an opportunity this week to walk in the um Salem Main Street parade and I don't know what the exact numbers were at the end, but it was I thought it was really impressive to just see the kind of the number of community members that came out to just kind of support that and I uh I'd been in it in different times and I've been to it before, but it felt anecdotally like it was more, but I don't know the final numbers, but I was pretty excited about that. So, several of the different counselors were here, but I'll be the one to talk about it, I guess. Anyone else? Councelor Nordic.

Thank you so much. So, tonight I'd like to give a shout out to Salem Soup Squad. I volunteered with this organization recently. You can find them on Instagram and also on justserve.org. And this is a very very simple way for you to give back to support our unsheltered community during this time. Uh the needs of our unsheltered which includes everyone from newborns to seniors across our city are in desperate need of our support. And we know that at the federal level, if you read in the Salem Reporter, there are a lot of changes of foot that could really undermine services and lifesaving support for people who don't have a place to live. There is no doubt that poverty is driving many people into homelessness. And so, one of the ways that you can give back and you can choose how to give. There are many folks here in our audience tonight and people up here on the deis who volunteer their time one way or another and some people call this the season of giving and I would en I would encourage everyone to find your way to give and one of the ways that I give is to support our unsheltered. So back to Salem Soup Squad. So, you can sign up to be a maker of food or a server of food. And I signed up to do that. I got my food handlers permit, which is a modest barrier to entry, but I think we all agree we want to have safety when it comes to serving food to others, especially a lot of vulnerable populations out there. And you can serve food to the unsheltered as part of Salem Soup Squad. And they do that on Saturdays and Mondays. And so I signed up for a Monday shift and I brought a

batch of my homemade white bean and turkey chili and served it up and it was gone in five minutes tops. Just demonstrating yet again that there are lots of ways to support the community. And for folks who feel inspired tonight by some of the items on our agenda, I recommend getting to know our nonprofits run by our communities of color in this community, which includes, for example, Mono Amano, Salem Kaiser Coalition for Equality, and many others, our local Salem NAACP. There are a lot of great organizations who are doing the real work every day of uplifting those who are exhausted. So anyway, I encourage you tonight my plug is for Sale Soup Squad specifically, but I could take my remarks every single council session and come up with five nonprofits every time because we have so many great people in this community who volunteer or work full-time at those organizations. So I hope you are I hope I've inspired you to consider giving back in your own way on your own time. Whether it's time, talent, or treasure, everyone has a way to contribute. So, thank you so much. Anyone else? Okay. Well, I would just like to share that I had the privilege of uh being with the Marshall East community today for the ribbon cutting of the new Monet office. Um, not everybody knows that the Marshall community has been part of Oregon's story for more than five decades. Since the 70s, Marshall families have lived, worked, studied, worshiped, and raised their children here. And while Manet serves the community statewide, many Marshall families have chosen Salem as their home.

It was a wonderful celebration. Uh the council was in town for it and it was um it was just great. The opening of that office represents more than a new building. It represents a new chapter of partnership. The space will make Manet's work even more impactful, helping families in the Salem area, coordinating services with local partners, collaborating with the city on community needs, and serving as a cultural resource for all Salem residents. So, thank you to them. And the the downtown parade was super fun and thank you to all the counselors that that showed up and walked and it it was a good a very good time. Very well attended. All right, we are moving on if no one has anything further to proclamations. Councelor Bang.

Thank you, Mayor. All right, good evening everybody. Can I have Bill Hayden, president of the Salem chapter of the United Nations Association, Jean Messik, president of the Salem branch of the American Association of University Women, and Ros Shirak representing the Salem chapter of the League of Women's Voter to step on to the stage, please. And I will have you guys actually come up right here in front of the stage. I'll have you guys come right over here. Right in front facing facing the crowd. I'd love to see Hi. I'd love to see all of you guys' beautiful faces. And the proclamation reads, "Whereas December 10th, 2025 marks the 77th anniversary of the adoption of the Universal Declaration of Human Rights by the General Assembly of the United Nations. And whereas the preamble of the Universal Declaration of Human Rights states, quote, "Disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has become proclaimed as the highest aspiration of the common people." End quote. And whereas the city of Salem, by definition, the city of peace, supports freedom for all and recognizes the need to address the root causes of all violation of human rights while knowing that in our global society, no person is free until all persons are free. And

whereas on Wednesday, December 10th, several local organizations will recognize International Human Rights Day by sponsoring a Salem SpeakUp event from 7 to 9:00 p.m. at Westminster Pier Presbyterian Church.

Presbyterian Church. Thank you. Um located at 3737 Liberty Street South to stand up for human rights. And now therefore, I, my vein, on behalf of Julie Hoy, mayor of the city of Salem, Oregon, do hereby proclaim December 10th, 2025, as as human rights day in Salem, and urge all in the community to respect this day as a stepping stone to equality and inclusion for all people of our city, our nation, and the world. dated this first day of December 20 25. [applause]

Oh, we got a photo. All right. And then I'll have And then I'll have you hold the And now we got a photo. Get a photo. All right. Let's get the back camera and then we'll get this on camera. Thank you. Of course. One more.

All right. Thank you so much. Thank you very much. Thank you so much. Thank you. You guys want to say a couple words? I just I think you said it all. I think you've done it. Yeah. Okay. Well, if you guys I would just encourage everyone to attend our event on December 10th at Westminster Presbyterian Church. It's on South Liberty Road and it's going to be an open mic for anyone to speak on immigration issues, on uh harassment, discrimination, any kind of human right violation. So, please come. Thank you. [applause]

Thank you, Councelor Bang. Uh we're moving on now to presentations. Uh we have uh presenters for the Center Street Bridge seismic retrofit project update. Director Martin. Good evening, Mayor Hoy City Counselors. Brian Martin, public works director. Tonight I want to welcome Anna Henson from the Oregon Department of Transportation and Bob Goodrich from DAO Engineering. Both Bob and Anna have been working on the Center Street Bridge seismic retrofit project over the Wamtt River for the past three to four years and tonight they're going to be here to do a presentation to update us on the status. Uh, one thing I want to point out is the seismic retrofit project is 100% funded by the state of Oregon. uh after they get done with their presentation, Rob Roman, a parks planning manager manager from the city, is going to give an update on how we negotiated some of the impacts uh to Riverfront Park and Wallace Marine Park that the project is going to have on those two parks. He's also going to touch on the water line that we're going to uh upgrade across that bridge so that we have water service to West Salem after a large seismic event. Uh before I turn it over to actually one more thing, there are two items on the agenda tonight. uh both under consent. One is an IGA with ODOT uh between ODOT and the city to actually talk about the terms and conditions of them doing their work and impacting Riverfront Park and Wallace Marine Park. And the second item is an amendment to an agreement uh for the waterline work. Uh we already have an agreement in place, but we've learned that uh the water line is a long lead time a long lead time item, and if we don't procure the waterline pipe before we have a construction contractor in board, it's going to delay the project. So, this will just authorize funding that has already been approved to move a portion of it forward so we can order those materials. Before I turn it over

to them, uh, city manager Nburi has a few comments she'd like to make. Sopran, thank you. But I will go after Rob's presentation. So, thank the Yeah, thanks.

Well, good evening. Thank you uh for having us here again. Last time we were here was in May, I think. Um and we're here to give you a project update. Um so hopefully I can operate this thing again. My name is Anna Henson with the Oregon Department of Transportation. Okay. Um, so we plan on giving you a project overview. Um, we'll update you on the schedule and then we're going to provide updates on public outreach, our park impacts, and our traffic impacts. Um, as Brian mentioned, the staff, city staff will go over the agreement highlights, and then hopefully we're going to have time for questions. Um, so, oh, we can't quite see this whole slide, but hopefully you can. Um, can you hear me? Okay. Okay. Um, so I'd like to just run through the project scope quickly. Um, we have broken this project into two phases. Phase one is a retrofit of the center span. So, phase one is that teal color. Um so the the river span will be retrofitted and then the east approach and then the southbound ramp approach as part of phase one. We are fully funded for that phase and that will also include um replacing the city water line as Brian mentioned which will give the city of Okay, I don't know what it's doing. Sorry it was zooming in. Um, whoa. [laughter] Okay, I didn't touch it. Uh, okay. I can still talk. Um, so as part of the project, we're replacing the city water line that runs under the on the bridge, underneath the bridge, and that will be the only seismically resilient water line um to West Salem once we're

done. There's two other crossings that aren't seismically retrofitted, so that's a that's a good thing. Um and then we'll also be doing an emergency response plan because phase two where you see in the darker color um we are not funded for that. And so the emergency response plan is in case a Cascadius abduction event happens after our retrofit project after phase one is done. What we will do to connect the retrofitted parts of Center Street Bridge to the west side of Salem. Um, so that'll be happening in the spring, that response plan along with a study on how to do phase two. It looks pretty simple, but there's several bridges. There's f several bridge structures within there. And plus, uh, we may be looking at what we're going to do with the Wallace Road intersection. And I can't remember if the Rose Mount intersection is included in that and Rose Mount as well. Um and then that phase two that's just going to depend on funding when we do that. Um I think that other than I just want to thank the city um the coordination on this project with city staff has been amazing and uh we wouldn't be where we are today without the great communication with your staff and Brian. Um, I mean, we're having weekly meetings and it's just paid off. So, thank you for that. And I'll hand it over to Bob.

Thanks, Anna. Good evening and thanks again for having us and letting us give you an update on the project. My name is Bob Goodurch. I work with Dael, the engineering consultant that's leading the center street project for ODOT. So, I'll I'll start by going into a few details of highlighting some of the main construction elements in the project. Um, so that interface between phase one and phase two that Anna was referring to, um, we're going to be replacing that bridge pier in its entirety. Um, part of the reason we had to move phase two separated from phase one is because there's some very poor soils on the west side. This bridge pier is in those poor soils and so we need to replace that that pier. um when we get to talking to traffic about traffic impacts, that interface between phase one and phase two will be um I'll come back to that and and kind of highlight, you know, tie that to the traffic impacts getting in the river, those peers that are in the river, we need to enlarge those concrete footings that are buried below the riverbed. Um add some steel piles and other strengthenings to make them seismically resilient. on the east approaches. It's similar to work similar work that's we're doing in the river but obviously on a smaller scale with easier access but the same sort of digging up the footings and enlarging them um and doing some strengthening of connections between the girdters and the columns. Uh Brian and Anna have both mentioned the water line on the bridge. will be upgrading that making it seismically res seismically resilient on the east you know between water street and front street we'll be replacing a lot of that water line as well to get it out of the way of the bridge footings that we need to retrofit so it's [clears throat] kind of do serving two purposes there of upgrading the size and um accommodating the retrofit project in terms of impacts and several of these impacts I'll get you know I'll go into some more detail and Rob will as Well, so I'll kind of go over them pretty

quickly, but in the river, we'll have a work bridge that extends across the full width of the river. Um, around each pier, we'll build a steel coffer dam, which basically just isolates the pier and the footings from the river to allow the contractor to work in relatively dry conditions. Um, we've, you know, made sure nav recreational navigation will be maintained throughout construction. um with the work bridge in place, the park impacts, the bridge goes over Wallace Marine and Riverfront Park. There's unavoidable um impacts, you know, on both sides of the river that, you know, we've worked very closely with the city over the last two years to understand those impacts, minimize them. Um and several times through the presentation here, we'll go into some more details on, you know, minimization and mitigation for those impacts. [clears throat] Traffic impacts. Another piece I'll elaborate on. Um, but I I guess just big picture, the reason there are traffic impacts on the bridge is largely because phase one needs to be separated from phase two. So, because the phase one will be retrofitted and designed for the earthquake, phase two won't. And if we don't create that separation at the deck level, there'd be a chance of damaging even the work that we're doing as part of phase one. So, we need to install a large expansion joint in the bridge. Um, and to do that we have to be at the deck level and have to do a fair consider considerable amount of work at on the bridge and resulting traffic impacts. [snorts] And then maybe still important but less less severe, some uh lane closures along Front Street through the course of construction um and a short-term um closure of this on-ramp up to Marian Street to head into West Salem. If [cough and clears throat] there's specific questions on construction schedule, I can get into the in more detail, but in the interest of time, we

anticipate construction to start sometime next year, maybe middle of the year. Um, take about four years of construction. And you can see there's a lot of inwater construction activities work all along the east side um that culminate you know four years later in 2030 or so with reconstructing the parking lot and landscaping and replanting trees. [clears throat and cough] So shifting gears a little bit to public outreach. I think when we were here in May, we provided some updates, but the team has continued in working with the city and the community as a whole to just get the message out about the project, the benefits of the project, the temporary impacts that will, you know, that will result. So over the last nine months, we've signed up over 550 interested parties. Um did door-to-door canvasing that reached over 300 people, you know, in downtown the downtown business district and um nearby neighborhoods and have completed 50, probably more than 50 individual small group presentations at the request of small groups. You know, word of mouth got out there and we'd give one presentation and someone in that meeting would be like, "Oh, it'd be great if you could present to soand so." and it's kind of just been this rolling um rolling opportunity of getting the message out about the project and you can see some of the you know groups that we've reached listed up there. Um, I do want to highlight one of the big pieces of outreach since May is we've met with emergency service providers multiple times, including Wamtt Valley Communication Center. Um, because that was a piece of our traffic control impacts we were still developing back in May to make sure we were accommodating and minimizing their delays. And, um, we feel like we've got a good plan in place for that. Now, as [clears throat] part of that outreach in the spring, we also did an uh, inerson and online openhouse. Um you can you know read some of the details up there but I think it's worth noting that traffic impacts were kind of far and away you know where we heard the most

comments and feedbacks of how is this going to affect you know my commute getting my kids to school to daycare getting to work you know whatever the case may be. So traffic impacts have have been important and you know definitely on the team's radar. So, quickly touching on park impacts, and this is where, you know, Rob will elaborate on kind of the agreement between ODOT and the city for, you know, offsetting and mitigating these impacts. But the areas in blue there, we're in Riverfront Park. The areas in blue will be occupied by the contractor for construction for most of the duration of the project. There's just a lot of work to do and the bridge in the parking lot, you know, occupy the same space. Um, we will be maintaining about 90 parking spots in the riverfront parking lot. So, Water Street will remain open, at least one lane, getting traffic in and out throughout construction. Um, there's been, [clears throat] you know, agreements for u mitigating the lost parking here by identifying parking and local parking, parkade structures, and by the lot that's just north of the Gilbert House next to the PGE substation. Um [snorts] the project has agreed to reconstruct this portion of the parking lot that's will be used during construction. We'll reconstruct it when it's complete meeting current city standards. Um and kind of the the master plan because riverfront is very popular throughout the year and there's a lot of large activities. We've reached agreement with the city um to pause loud construction activities during some of those larger events. So up to six days per year, I think four events we've identified um to to make sure that construction doesn't um interrupt those events. Uh on so on the west side, Wallace Marine, you'll see the blue area again is the the work area the contractor will need. And you'll notice some some areas where the blue doesn't overlap the

trees. Those are just examples of where we've worked with the contracting community and with the city um to minimize tree removal. We've, you know, done what we can. The contractor will need to access the boat ramp from time to time. Um, we're making it clear they can't occupy, you know, prohibit or uh impede public use. They'll use it just like anyone else putting their boat in or taking it out of the water. Um, but that will be intermittently throughout the the three four years of construction. And then tree tree impacts. There's about 120 city trees that are going to be removed. Um I'm beating it kind of beating the drum here of minimizing and avoiding tree impacts, but I think it's just important to underscore we've really done what we can. Um city and ODOT work worked together to develop a valuation process for those 120 trees to make sure the city's fairly compensated um for the loss of those trees. And then at the end of construction, we'll be, you know, reveating and replanting all of the disturbed areas um to city requirements, including some some tree the trees that we need to [clears throat and cough] shifting gears one more time to traffic impacts. I'll talk about these in three three main categories. The lane closures on the Center Street Bridge proper, the full nighttime closures on Center Street Bridge that are required. Um and then touch on a couple of the front street traffic impacts that will that are you know less less um probably impactful overall than the closures on center street. So [clears throat] here you you see two different sh green and blue shading. Um each each of those represent a stage of construction where we'll be closing that portion of the bridge. Um each of those will occur for up to three months. So, we're messaging around a total of 6

months of these two lane closures. Um, in each case, one lane on Highway 22 coming onto the bridge and one lane coming down Wallace Road will be closed necking each of those facilities down to one lane. Um, anyone that uses those roads might imagine, wow, that's going to be quite a bit of traffic back up. And it there'll definitely be some impacts that will be felt. I live in West Salem, so I'm going to be feeling the pain as much as everyone else that uses the bridge every day. Um, and we'll develop alternate means of not having to cross the river or crossing it other times. Um, through through one of the pieces working with emergency service providers, the traffic backups will be, you know, pretty long. We've worked with Wamtt Valley Communication Center to use the closed areas of the roadway that approach the bridge for have a flagger installed [clears throat] kind of at the far west end off the left end of the screen here to let them into that no travel zone essentially and skip the traffic queue get up to the very front where the construction activities and let them cut in front of public traffic to minimize delays. um just as you know example of that coordination. So when when these this six months or so of two lane closures is complete, [clears throat] we're going to we that's this is that bridge joint installation. We'll do some of the work in two pieces, but ultimately we have to close the entire bridge to drop the full width bridge joint in. We're hoping they can do it in two nights, but we're going to allow them up to four nights of full closure. Um it'll be on the weekends from 11 pm to 5:00 am so six hour window um trying to pick the you know least traffic volume periods of time. During those closures we'll be closing a lane on Marian Street to allow emergency vehicles to travel the opposite direction from West Salem into downtown

um to avoid you know to obviously avoid having to detour because we will not be able to provide there'll be a 12t wide hole in the deck at that point that no vehicles could cross. Um, so they'll be able to use Marian Street and really minimize their delays. Anyone that does need to travel at that time will be the assigned detour will be down Highway 99 through Monmouth into Corvalis and then Highway 34 across to I5. Um, local traffic, whoops, local traffic could use the Independence, which is obviously much closer, but that's not a suitable truck route, and so we're not going to sign that. and everyone knows of, you know, trucks that get stuck on River Road multiple times a year. So, we're steering clear of signing that as a detour. Um, and lastly, there will be a number up to 20 short-term closures on Center Street as well, but they're only going to be about 15 minutes a piece. And so, traffic will just be held for that 15 minutes. And then the queue's cleared and contractor could implement another closure. During those windows, we're going to we've told the contractor they need to immediately accommodate emergency vehicles because in those short closures, we won't have the big holes open in the deck that they wouldn't be able to cross. [clears throat] And then la lastly on Front Street, I think the the one to note here is there's going to be for up to three months or so, the on-ramp to Marian Street will be closed for a couple of different um construction activities. one installing the city water line across Front Street and then doing some of the footing retrofit work. I'll turn it back over to Anna. Thank you. Thank you, Bob. Um, okay, this is just our next step slide. Um, we have to secure some permits in order to go to construction. Um, currently Federal Highway has not signed our environmental document which is putting

our project at risk from not getting a Coast Guard permit. So, um, we're shooting for next year still hard and hoping that will will come through, but I I just um want to make sure that everybody knows that's a risk to the project. So this right now our plan is to send our package to our controls office in December this year coming up and bid opening in late February and hopefully we'll start construction in spring of 2026. And here's Rob. Thank you.

Good evening Mayor and counselors. I'm Rob Romanac, parks planning manager. I'm going to wrap up this presentation with just a few slides to really highlight the city's uh engagement and coordination in this project over the past two years. Um to start with, I just I want to emphasize that really our focus has been uh from the get-go on protecting the natural resources and the trees specifically that that are uh poised to be impacted by this project. And when I say that, our strategy has been to really minimize and avoid those impacts to the extent we can some impacts are unavoidable. Um, I also want to flag before I go any further in is another aspect of this has been to ensure there's fair mitigation and compensation to Salem and our park users and our our residents. I'm just going to go into a little bit more detail about the park and tree impacts. Of the 120 trees slated for removal, 54 of them are located on the Wallace Marine Park or the west side of the river. Uh you can see those um area where the tree removals will take place are are have a textured black dot on this figure. Um the remaining 66 trees are located on the other side of the river, the east side of the river. And I just want to highlight for transparency. See if I can get this to go. Oh, nope. I'm missing I don't want to do that. There are approximately four street trees on Front Street that are not labeled here, but are included in those 66 trees slated for removal. Uh Bob also mentioned impacts to the northern uh parking lot for Riverfront Park. Um that is going to occupy approximately 93 parking stalls for over three years. That will leave the city um approximately 63 general parking stalls for park users. and it will also retain the six accessible parking stalls and the four EV charging stations. This is

where we've landed after um exploring multiple scenarios with them. Um phase construction approaches uh faster construction that might occupy more of the parking lot and uh we've landed on this it has evolved to to this scenario before you tonight as the the least impactful for the park and its users. I want to dive a little bit more into the mitigation. Um, first the orange area shown on the figure, that's the city granting temporary easements to ODOT for for them to complete the project. Uh, in exchange for that, focusing specifically here on the riverfront side, there's a commitment from ODOT to replant all of the removed trees plus compensate us for the value of those trees. And in working with ODOT, this is come to our attention is kind of a a first for them. uh where we've asking them to actually give us the appraised value of those trees because they are very important for the Salem's uh residents and in addition to that it was mentioned that they're going to occupy a big portion of that parking lot for a number of years that will essentially demolish the parking lot. So when they rebuild it they're going to rebuild it to our standards which include storm water treatment and all the standards we have for for like if you were building a brand new parking lot. In addition u they're going to put it back a little bit better. Uh we're going to use a technologies uh to allow the replanted trees in the parking lot to have more space for their root system to grow under the under the pavement under uh that will hopefully result in healthier trees that do a better job shading that parking lot in the future. Then moving over onto the Wallace Marine Park side. Um it's similar here, but there's no parking lot involved. So, we're granting um temporary easements and some very small permanent easements that are just you can barely see there in a teal color and um in exchange for the tree removals, they will be required to replant them and then also pay the

appraised value of those trees. So, here's a little a breakdown of of those park and tree mitigation items. First, uh this was mentioned earlier. There's park ambassadors and shuttle service. This is for those four large events per year that are held at Riverfront Park, a total of six days per year. Um, this is not a tremendous amount of funding. This 384 $400 for for city staff to have uh park ambassadors out there and as well as $60,000 to run a shuttle service. These are only for 4 days or excuse me six days a year for to support four large events uh during the duration of the construction. Additionally, there's uh parking re compensation that ODOT will be providing to the city uh for uh loss permitting and meter revenue as well as providing um using our parkades to provide more parking capacity for those large event days. And so that the value of all that parking compensation comes up up to a little bit more than $370,000. Lastly, I mentioned appraise tray appraisals and value for trees. Uh we have agreed to an appraisal for the trees involved of $663,000. Um that uh was appraisal prepared by independent um arborist that we've gone the city went back and forth on a number of times until that report was something we could live with. And then I I'll mention that the replanting of trees as well as that technology for the parking lot is a deduction from that value. So we we're we're taking out of that $663,000. We're taking uh $397,000 and giving that to ODOT so they can complete their obligations. I'm going to highlight some additional benefits to the city through the project. One is through this uh proposed agreement uh when the lease for the

Wallace Marine uh boat launch parking lot is up in a few years. ODOT has committed to renewing that lease for an additional 10-year term. And then it it was also been mentioned a water line. The city has a water line on the current bridge structure. I believe it's 22 inch water line that is one of three that serves West Salem. Uh through this project is going to be upgraded made bigger. It's going to be a 36 in water line and it will be seismically resilient and it will be the only one of the three service lines to be seismically resilient when the project is done. A little bit more about this waterline and fiber optic utility agreement. The bulk of it is this water this water line. It's the it's the the pipe that's going to be suspended from the bridge. But I just want to note there's also a small component of relocating the city's fiber optic interconnector to make it make sure it's out of the way for this project. And what that is that that fiber optic thing what that is it's a it's the city's own communication system we use to communicate among our facilities. Um think uh fire stations the water treatment stations important city services that need to communicate with each other. And so we're simply that is paying ODOT to relocate it out of the way of the project because it's our obligation to do that. And then um Brian or Director Martin mentioned a little bit about the change in the payment terms for the waterline and this slide highlights that originally uh the agreement approved by council h estimated the cost at $7 million and had two a payment uh schedule that had two components, a design payment fee and then a construction payment. The revision, as uh director Martin alluded to, has to do with lead times for procuring the materials for the waterline. And that's the change here. That's so there's going to be a payment of $1.3 million uh made earlier so that they can procure those materials. And I think the the main thing to highlight

here is the $7 million is an estimate and uh the payments will be the actual cost. So they'll be a these costs will be reconciled and it will actually be the actual cost. These are just the estimates at this point. And then this is the final final slide I have for you tonight and that's staff recommendation. Um, excuse me, the last slide I have. Um, and that is to authorize the city manager to execute um, first the cooperative improvement agreement for the bridge project as well as the amendment to the cooperative improvement agreement for the waterline.

Thank you, Rob. Um, just want to make a quick comment. Um, a lot of work has gone into bringing this project to where it is at today. Uh, so Brian, thank you for your leadership and and thank you to staff um who have done uh phenomenal job in bringing it to uh where it is today and also appreciate the our state partners. I know a lot of community engagement and I have been in some of those meetings. So, thank you for your work on it. What I wanted to kind of reiterate just to going back to the money the city received um as compensation like $736,000 and out of which uh I just want the council and the community to be aware of where that money is going to go into. um out of which $109,000 uh goes to mitigating impacts to the park and $361,000 paid as a compensation for unavailable parking spaces during the construction. This money has to go back to the parking fund and the rest which is like 265,000 goes into general fund. Um, as we look into the general fund forecast, we are seeing um an ending funding bal uh fund balance lower than what we anticipated. So, putting that $265,000 back into general fund helps us to fill that gap that the uh that we have there. and and I've said this before to the council uh and the community and also during the budget process as we I think what's important is we need to continue to monitor the general fund and as we are kind of see seeing those uh that ending fund balance like going down and when it goes into the dip it's important that we take these opportunities when we

receive this one-time funding to fill the gap so that we don't uh get into that deficit so I appreciate uh this one-time opportunity and the money that we are receiving. I think it's going to help the general fund to stay out of deficit. So, um so that's kind of my uh comment and I think it's open for council uh for their conversation. Anyone have questions? Councelor Brown.

Thank you, Madame Mayor. My question goes back to uh slide 16 and I believe it was I can't recall um her I don't know who's going to answer. I'm flexible. You guys can do rock paper scissors as long as we can get it done. So on on page 16, you mentioned that there is an agreement that has yet to be signed by the feds. Yes, thank you for the question. Um, Federal Highway has to sign off on our NEPA document, which is our environmental document in order for us um, basically to get our Coast Guard, US Coast Guard permit that's required to work in the river. So we're waiting on that. And you anticipate they'll respond what in January or because we don't have that signature, we can't move forward. Is that correct?

That's correct. And so we're working with them. Is is it is it is it like this or we like this? Oh, I like this, you know. Not this, but not this. It's It's getting close. It's getting close. But I think it's important to let everyone know that's a risk to the project. Right. Right. And at what time will you or the rest of the team come back to let us know and say, "Hey, we didn't get that signature." Like you'll come back in January or early spring. Whenever you would like us back. If you want us back here in January, we would probably know by then. Okay. Yeah, we're happy to come back.

Okay. Thank you. You're welcome. Thank you. Any other questions? Seeing none, thank you very much. Thank you for the update. Oh, I'm sorry. Time out. Councelor Brown.

I have one more since no one else had one. I have one. So, so, uh, I don't live in West Salem, so I'm I'm fine without making I'm gonna be okay. And so um you had said that obviously this is going to interrupt a lot of people going back and forth right and you had shared that you've done a lot of community engagement knocking on their doors and I saw the response also do we anticipate even having done all of that that there will be some folks that come back and be like oh this crazy city council they didn't even tell us like do we have a plan for that because I can imagine at least one person is going to say the council and the staff did not communicate with us.

I would I'd be lying if I uh would not expect that. Okay. Thank you. I app I appreciate the truth. No, that just like honestly like pe not every we we've done our best but we haven't reached everyone and there will be people that are surprised and thinks the project came out of nowhere. Sure. Yeah. And and and you said that once that is closed, they'll have to do 99, go all the way around through is it Monmouth? Uh well, Monmouth to Corvalis to Corvales and then

Yeah. Cor that's the sign detour route for the 11:00 p.m. to 5 a.m. club. 5 a.m. And how long is that route? Uh, I guess it depends. It's like 45 minutes to Corvalis from West Salem. Yeah. Well, and the reason I'm asking because obviously you can hear you can hear the grumblings in the background because the moment we close it, which we'll have to, someone's definitely going to say we [clears throat] did not communicate this clearly. There wasn't a plan in place. And I'm just curious to how long the miles are in that particular, you know, detour.

Sure. So, if you live in West Salem and need to get to work downtown and you leave at 11 p.m. you're working in Graveyard, you're it's probably over an hour, maybe not quite an hour and a half.

So, not not trivial. Um, I guess so mitigating the situation you're describing, not eliminating it because there will be surprises. We're not done the messaging to the public. part of our contract documents. We'll have, you know, those reader boards that get, you know, towed in and you have signs displayed of road closed or lane closed. We're going to be like ODOT's variable message signs up and down I5. We'll be putting in temporary message boards. You know, Center Street closed and once we have a contractor on board and know the closure dates like th at least 30 days ahead of time, it'll be Center Street closed December 2nd, Center Street closed December 2nd for a month ahead of that. Got it. And ODOT will be doing, you know, communication blasts with the interested party list. It'll news organizations. I mean, there's a lot more communication to be done when we know more.

Got it. And and one final question, you know, obviously in some parts of where that bridge is, there are folks that are living underneath those bridges. Have we thought about a plan as to how we're going to work with them? And again, I'm not putting you on the spot. I just know that I'm going to get an email. Yeah. And somebody's going to say, "What's your plan when it comes to the unsheltered that's underneath those bridges?"

Sure. Really good question. So I mean the the [clears throat] plan is o so ODOT district is going to contract with a crew that you because I mean right now every periodically the areas get posted and I think state police and ODOT come in and kind of clean you know you know have people move on to a different area clean up the area. So, we'll have a ODOT's going to have a contractor in place to do that. And then we're going to require the con the bridge contractor to fence off their work areas to further discourage, you know, those, you know, encampments from coming back into the area while the construction activities going on.

Got it. Well, um, madame mayor and madam city manager, I think one of my one of my thoughts as we think of how this is going to play out that there will be some folks who will see what we're doing is a harm. And so even to Madame President, a part of me thinks that when we get to January or February that we can pick up this conversation again just so we can have some sort of contingency plan just to know that we're talking about how we're going to ask folks who are in sheltered how we're going to have to have to relocate them. I would rather we at least plant the seed now and then eight weeks later we can come back and talk about the growth to see what we can do different. Councelor Nishioa.

Thank you. Um, thank you, uh, Councelor Brown. Those are all great questions. And that leads me to also say that we probably need to have information on the city's website, um, about the project because I'm sure all of us will receive emails believing that we are the ones responsible for this and not the state. Um, and we will want that website to be directed to those that can answer the questions better than we can. So, I'm hoping that we'll be able to see that happen. And may I do a followup?

Of course. You know me, I love a good followup. Um, so since we are talking about ODOT and I know Director Martin, what I'm about to say is not new to you, but when we do come back and have this conversation and whatever ODOT is going to do to quarantining their space or their equipment, you know, with the removal of folks that are unsheltered, I think it would be a good it'll be a good time to have the conversation about trash. uh because there will be a lot of that and and we know that we would like to have this conversation. It may not be with you per se, but with ODOT in general because we know there's going to be a huge cleanup and we need to discuss who's paying for that cleanup. Because if it's on ODOT property, then I'm going to assume that ODOT needs to pay for it. But if we're doing anything on city property, then obviously it'll be the city responsibility. But I think we need to have that conversation, too. I I guess just to clarify, so the the trash cleanup you're referring to in the context of the bridge construction or just sort of in general in the area. So specific to the bridge work that the so ODOT district is going to have a contractor on board, not the bridge contractor, but a cleanup contractor that is certified in hazardous material cleanup. And so ODOT is planning, and Anna correct me here if I'm speaking out of line, but ODOT is pl is planning to has we've incorporated that cost into the project as kind of an add-on to the construction cost.

Okay. So, I think I think that starts to get at the answer to your question. Okay. Thank you, Madam Mayor. Councelor Barney.

Okay. Uh, thank you. Um, my my question is about uh I mean you've done a really good job of describing the impacts. Hold on, I got to turn off Anyway, you've done a great job describing the impacts of the bridge closures to the local community. My question is uh how will traffic on I5 or traffic coming east from the coast um how will they learn about the closures and where will those detours be?

Yeah, good question. So the clo the closure is is this on? I can't I suddenly couldn't hear myself. Um, so the the closures are going to only affect traffic coming from the coast, Dallas, Pulk County, West Salem into downtown. If you're on I-5, Marian Street will be unaffected. So, they'll be able to to cross um and get into West Salem. I mean, that that said, say someone goes there and is like, "Oh my gosh, I'm going home late from a relative's house and now I've got to go around." Um, there will be those reader boards that I mentioned will be, you know, active on I-5 as you head south from Portland, as you head north from Eugene. Um, in Newberg, I think we have one in Newberg on Highway 99. Trying to get at least the main routes and let people know like if it triggers that like, you know, West Salem or Center Street's closed, people see that and, you know, can kind of figure things out hopefully. Um, so it's kind of, you know, getting the message out regionally is a little tricky, but I think we're doing the best we can with using the ODOT infrastructure that's there and then putting additional signs up. And um, does that help answer the questions that get what you're asking about, counselor?

Thank you. That is that is great. And thank you for the comprehensive presentation. It really looks like you've covered my goodness. Mitigation, compens compensation, lease impacts. I really appreciate it. Thank you. Sure. Anyone else? Thank you. Thank you.

All right. We're now going to move on to public comment. I want to make everyone aware ahead of time that we need to stop pause public comment at 7:15 so we can do uh the public hearings for the evening and then we'll come back to public comment after we complete the hearings. So public comment is your opportunity to communicate your message directly to city council. Council cannot engage in dialogue or question and answer with speakers and we will direct appropriate staff to speak with you as needed. Each speaker has three minutes in order to ensure that everyone has an equal opportunity to speak and that council can address every item on tonight's agenda. We require you limit your comments to 3 minutes and promptly conclude your comments when your time has expired. If for any reason you're unable to complete your testimony within the allotted time, please be advised that testimony is always welcome in writing via email city council@c cityofsalem.net net or mail to 440 Church Street. I'll call two names at a time. Please come forward to the podium and make sure the button is pressed and the green lights on. Again, you'll have three minutes to speak. Please announce your name and or uh your name, your ward, or your address for the record. Thomas Ellis and Erica Villa. Just press that button on the There you go. Okay. Try to get this thing to There we go. My name is Tom Ellis and I live in South Salem, Ward 3. I wish to commend you on drafting your courageous and vitally important resolution number 2025-33. I strongly encourage you to pass this

resolution unanimously. Horrific accounts of ICE and their lawless brutality continue to proliferate here and throughout the nation. For example, a recent story in yesterday's Statesman Journal vividly describes the trauma of young children, many of whom were born here, when they come home from school only to find that one or both of their parents have been seized by ICE and their lives, families, hopes, and dreams shattered for no reason. ICE agents refer to themselves as police and as federal law enforcement agents, but in reality, they are neither. Police exist to serve and protect our residents from crime, not to terrorize communities by grabbing and hauling off innocent men, women, and children to inaccessible goologs, denying them their constitutional right to due process. And quote unquote, federal law enforcement agents are normally people who enforce the US Constitution and the law of the land rather than violating them. But there is nothing normal about these vicious ICE raids on our cities. As Dr. King said, "Injustice anywhere is a threat to justice everywhere." To those who fear retribution from our vindictive president and his lawless, sickopantic regime, let me remind you of a famous quote from Thomas Payne. quote, "The strength and powers of desperatism consist wholly in the fear of resisting it. But as Franklin D. Roosevelt taught us, the only thing we have to fear is fear itself." When we act as a community with solidarity and courage, tyrants and thugs who serve them will lose their power over us. Let us therefore follow the shining example of our fellow Americans in New York, Chicago,

Portland, Charlotte, and elsewhere, and protect our neighbors and our communities from these evil thugs. And do so nonviolently, strategically, and relentlessly. Please pass this resolution unanimously to uphold and restore liberty and justice for all here and everywhere. Thank you for your time. [applause] [applause]

Eric Villa and April. Hello. My name is Eric Avia and I'm from Ward 6. I am here again. I came in last Monday. Uh this time I came in cuz on Saturday I got a call from a boy. Well, he's 31, a man, I guess. And he gave me a call. He I was working. I was Ubering, as you guys know, I Uber. He was doing the same with Dasher and he he was texting me, you know, hey, they're following me. And I'm like, who? So, my instant was call him and find out what was happening. Um, he was being chased by two cars as many of you keep on saying, they are following criminals. He's here legal. He's here on a working permit. He was basically hiding for an hour in Beaverton. This happened on Saturday. So, again, I'm here to tell you guys they are not looking for criminals. They are following people. They are searching up their plates. He's here on a working permit. He has no criminal activity. He's been following up with his appointments to get his um I guess green card. So again, I tell you guys, they are not following criminals. They are just following any person they find at the gas station, anyone going to work, anyone, you know, doing the right thing and working for their legal status. Um again, I also help the community. I'm um I'm making events to uh get fundings. So, I urge you guys to put Salem in emergency. I am trying to advocate for the community, hosting events to raise money to help people with food, rent, um, anything that they need. And I believe as a citizen, we shouldn't be doing this. You know, this is why the government has funds. This is why, uh, there's different associations that help. And it's sad that the people are not getting the help they need. and people like me have to advocate for them and try to raise funds to help the families that haven't had food or are, you know, being soon um they're going to get the 10 the 10day eviction notice. So, we need more ways to get funding or ways to help the community cuz this is

not fair. It's not fair for anyone that's just here doing it the legal way and they're all working. They're here. They're here to help the community. And I believe we all, you know, we're here as culture. Like I said, I was born here. My my parents came. They got their papers fixed during the amnesty. So, it's hard to see what's happening outside. It's hard to see the little kids being separated. Um, like I said, I take four kids Wednesday, Thursday, and then Tuesday. I take them to school every morning. I live in NSO. I have to come to Salem every day. I have to drive them. and then I have to go back to Salem and then I come back to work. So, it's a hustle, you know. I'm one of the many people that do this that we are helping, you know, um we are the legal ones, so we are driving them to their places because their parents can't. So, it is sad and again, you know, so if we all unite, if we all stand together, we will be heard. Thank you. [applause] April and Ray Quizenberry. Good evening. My name is April and I live in W 7. The following testimony is my personal opinion and does not reflect the views of my employer. The draft emergency declaration uh related to community impacts of federal immigration enforcement is a good start, but it needs concrete resources. Section B states, I paraphrase, the city will coordinate with community partners to support programs for communication, outreach, and community support to address the emergency impacts of federal immigration enforcement. I urge the

council to amend section 5B of this declaration to allocate $300,000 in financial resources for impacted families. According to Perk, there were 41 detentions in Marian County in November, many of these in Salem. Over 20% of residents in Salem are connected to migrants. ICE activities are forcing local family and families into precarious situations. In many cases, an ICE detention rem removes the main bread winner from the household, leaving the rest of the family not only with the grief of separation, but also in a dire financial situation. Many of these families have school-aged children. This emergency funding will help these families during the period of transition after a detention. Without an appropriate level of support, more of our city residents, including children, are going to face hunger and homelessness. Our neighbors in Hillsboro, Washington County, Forest Grove, and Woodburn, have also passed emergency declarations and have allocated funding with their emergency declaration. I urge you to add funding to the declaration and pass this resolution unanimously. Thank you. [applause] Ray Quizenberry and Deb Patterson. Thank you, city council mayors. My name is Ray Quizenberry and I live in Ward One. I'm speaking in support of the state of emergency declaration. And one of my reasons involves our history in Latin America, which as we many of us know has been extremely violent. In the last 200 years, the US has invaded, Mexico twice, Panama twice, Honduras, Cuba, Ganada, Dominican

Republic, and Haiti, spreading terror and not giving one lick about the condition of the people down there. In the last 120 years, the US has occupied Haiti for 20 years, Dominican Republic for about the same period, Nicaragua in the 1920s, Honduras in the 19s and 1920s, and again, not caring about the consequences of our actions. In my lifetime, our government has overthrown, typically via the CIA, democratic governments in Chile and Brazil, in Ecuador and Guatemala, paid for terrorist contras in Nicaragua, never caring again about the people of those countries. And that terror actually flowed over into Honduras and Costa Rica. We propped up dictators in Haiti, Nicaragua, Paraguay, Guatemala, El Salvador, Argentina, Chile, and even in Cuba before Castro, one of the reasons he came into power, never caring about the consequences of the people that live in those countries. And currently, as you know, we're murdering people in Venezuela, even going back when the first bomb didn't quite kill everybody. We're terrorizing the whole damn country. The Mexican drug cartels get most of their weapons from the United States. In addition, we are the major con consumer of the drugs. So, we help we help finance the terror that the Mexican cartels are putting on their own people. So what I'm saying tonight, people are just trying to survive. Instead of allowing ICE to assault, kidnap, and rip families apart, we should protect them. We should embrace

them as a community and apologize for all the death and destruction we've done for the past 200 years and what we're still doing. Please support the emergency declaration. Thank you. [applause] Deb Patterson followed by Rachel Aerson.

Good evening, Mayor Hoyer and counselors. My name is Deb Patterson, state senator for district 10 and a resident of Ward 7. And thank you all for your service. The Oregon Capital Foundation would like to invite you tomorrow night to holidays at the Capitol. It starts at 5 with a free concert by the Wamtt Master Chorus, a tree lighting at 5:30, and Cookies with Santa at 6. There'll be other performances through December 24th featuring school groups across Salem and beyond. Please come. And this is only one of the wonderful things about Salem. Friday, we enjoyed the holiday parade and many folks shop downtown over the weekend. We're seeing new housing developments around the city, the result of years of planning. Our parks are filled with people and the library has added hours. A recent economic report to the Senate Revenue and Finance Committee in which I served showed that Salem region was ahead of the state average in economic growth at 6.6% annual growth, second only to Bend. We have much to celebrate. Violent crime is also down and it's because the vast majority of people here are lawabiding citizens. Salem's police department works to keep people informed, attending neighborhood meetings and making themselves available to build trust. I think we can agree that all should be standing for the rule of law which applies equally to all who are in within our borders. Our constitutional rights are being gravely tested by recent federal actions which have placed residents here in Salem, both citizens and non-citizens alike at risk for being detained without due process. Elsewhere, actions of federal agents have made Oregonians subject to excessive force for exercising their rights to peacefully assemble and to share their views in public spaces. Federal a agents have even placed local and state law enforcement officers in harm's way. Clearly, we want safe, strong, and thriving communities, and that involves standing for the rule of law and holding all parties accountable,

including federal agents. The recent joint letter by Oregon Attorney General Dan Rayfield and three county DAs state that Evans shows that leaders from the US Department of Homeland Security and local police testified under oath that federal law enforcement used excessive force against non-violent protesters and in some cases local and state law enforcement officers as well, subjecting them along with others to the use of chemical weapons. Tonight, you have asked your city manager to craft a declaration of emergency related to recent federal activity. I stand with the attorney general, with you and with other elected officials, with our local and state law enforcement agencies, and with the vast majority of Oregonians who believe in the rule of law, due process, and the rights that our Constitution provides to all within our borders of our beautiful country. Thank you. [applause]

[applause] RACHEL AESEN AND Angelina Bacon.

Yeah, I'm Rachel Aesen. I'm in W three. Not as eloquent um as Miss Patterson. Um but about the emergency declaration, my main concern um is that there's no money set aside for impacted families. I was under the impression that declaring an emergency, the main reason was that you're then able to work outside the existing budget process, I'm not an expert, but I thought that was the gist of it, like you recently did with the water filtration system. Um, other cities like Woodburn and Hillsboro have put money where their mouth is, and that's absolutely what's needed here. Um, I know the gang task force that Salem PD had was recently disbanded and it's somewhat ironic that now we basically have lawless gangs roaming our streets, but they call themselves federal officers and our local police department apparently can do nothing about it according to um Dan Aches memo. So, um, since it is only going to be us residents trying to protect each other here, we need you to reallocate funds to support us. We not only need know your rights training, but we also need human rights observer trainings. We need whistle distribution and education. We need regular patrols of schools and community gatherings as well as resources for legal assistance, trauma counseling, and the myriad of other needs the affected communities have. We're talking about a quarter of Salem's population under attack right now, and you need to use some of our tax money to assist them. Take it from the police department overtime funds if necessary. Um, and then, uh, secondarily, I've not given up. I still think we need to be a sanctuary city. So, I'm hoping that people will continue to come out and, uh, fight for for us becoming a sanctuary city because we still need to do that as well. So, thank you, [applause]

an Angelina Bacon. And then we'll break for our public hearings. Good evening. He who is in me is greater than he who is in the world. Former KGB operative Yuri Beznov tells us about the four stages of subversion. Demoralization. This initial long-term phase 15 to 20 years focuses on eroding a society's moral, ethical, and traditional values. This is achieved by infiltrating and influencing institutions such as education, media, and culture to alter public perception and make citizens unable to recognize or resist the subverter's ideology. Destabilization. The focus then shifts to operating in stability in critical areas like the economy, foreign relations, and social systems over a shorter period, two to five years. This involves sewing discord, encouraging [clears throat] social unrest, and radicalizing divisions to undermine trust in existing institutions and make society unmanageable. Crisis. This is the culmination of the process, a period of chaos potentially lasting only weeks where a society reaches a breaking point and its legitimate power structures collapse. The population desperate for a solution may demand a strong leader or external intervention, paving the way for radical change. Normalization. In the final cynically named stage, a new regime stabilizes a society by force and asserts control. The useful idiots and activists who helped bring about the crisis are often eliminated or sidelines on sidelined

once they are no longer needed and a new normal is established. [sighs] Oh, I could talk all night, but we'll we'll go here. For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Jesus is the name above all names. The UN is not a legitimate organization. It is not above the United States. And you guys would do well to remember 18 USC 2383 to rebellion or insurrection. Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto shall be fined under the title or imprisoned not more than 10 years or both, and shall be incapable of holding any office. Thank you. [cheering] Okay, I'm going to open the public hearing item 4 A.

Uh, do we need to do the consent calendar first? We're going to come back to that. Okay. The city council will now hold a public hearing uh to receive testimony regarding exemption from competitive bidding process and authorization of an alternative contracting method for the Willow Lake Water Pollution Control Facility, South Secondary Clarifiers Rehabilitation Project. The hearing will begin with the staff presentation followed by testimony with from interested persons. Public testimony is limited to three minutes per person. Thank you.

Hi, James. Hi. Go right ahead.

Good evening, Madame Mayor, uh council members, members of the public. Um thanks for uh letting me interrupt this really important conversation from the community. My name is James Winslow. I'm a assistant city engineer in engineering public works department um project management team one and the purpose of tonight's meeting is to really request city council to as the local contracting review board to exempt from the Oregon revised statutes and the public contracting rules um a public improvement project from the the typical bidding process. Um, and this is for the Willow Lake South Secondary Clarifiers Rehabilitation Project. The picture on the screen is a is of our Willow Lake water pollution control facility. Uh, it's critical to not just Salem, but regional wastewater treatment. Um, the south secondary clarifiers, probably hard to see on the screen, are in the lower right corner. Um you can see two of the clarifiers there. Um I don't have the numbers off the top of my head, but number two is the one that's in the prominent lower right corner. So what I'm going to talk about tonight is really the overview of Willow Lake. Um what the critical drivers are, why we're asking for uh this exemption, u what the different delivery methods are. I'm going to go over that briefly and then I'm going to end with the the recommendation. Here is a picture of our four clarifiers for South Secondary. Um they're large concrete tanks that take in waste water, treated waste water. Allows the solids to settle out, allows the um lighter materials to float to the surface called um some of the scum. And on the left is number two u empty. We've had that down a couple times this year already as it has had some mechanical

failures. So, we've made some emergency repairs to number two. And um all four clarifiers are extremely old, are critical to our facility, and need rehabilitation um in quick order. The critical project driver is kind of the why we're here. Um Will Lake is critical. These clarifiers are critical to plant operations. Um, any one of the four being down during our wet weather means that we will have overflows of raw sewage um into our basins and then ideally or ultimately to the river. That'll be a permit violation per our um permit with DEEQ u which could result in fines. Um the risks are to mitigate it, right? We want to avoid those fines. We want to avoid ultimately discharge to the river of untreated sewage. Uh and then also we have critical constraints in the schedule. We need all four clarifiers. There is no redundancy to this treatment system um as they stand during the higher flows of wet weather. Therefore, the work can only be done during the lower flow time of the summer. And then the last critical driver is budget. Going with a different project delivery method allows us to uh solidify on a budget and allows us to program that into our our CIP more accurately and transfer some of the risk away from the city through a different uh procurement process. Why is that? I give you a quick analogy. As engineers, we have a toolbox. We have a lot of tools in the toolbox, right? But the analogy I want to give is we don't use a hammer to peel an apple or an orange, right? We would use a peeler to peel an apple. We would use even a butter knife to peel or our fingers to peel an orange. We use different tools for different projects. And the same

thing applies to our capital projects. We have facilities that are extremely critical, have extreme schedule constraints that require a different procurement method than the typical design bid build. And as you can see on the screen, the design bid build goes through a standard procurement, right? You get the design going. It's very linear. It's very sequential. You put all put all the plans and specs together. You advertise those called bidding. And then you receive the bids which are all based on lowest bid. That is the typical process. You hire you then uh issue the contract and the contractor then constructs the project. During a alternative or collaborative delivery, which is what they're calling it now, there's a couple different methods. The one we're recommending is a construction manager um type project delivery method. you're able to bring in the contractor as a consultant construction manager early in the design process. That allows them to collaborate with the design team and the owner to address a lot of the schedule constraints. It addresss a lot of the risks. We're able to include the contractor's means and methods, how they are going to build the project. They can see some of the risks. They can address those. And um we can also do some early work. It allows us to issue some early work packages so that you're doing some of that design or during design you're doing some construction uh to alleviate the stress during that tight summertime window of when a clarifier has to be uh rehabilitated and then brought back online before the wet weather season. It's a highly collaborative process compared to the typical design bid build. Again, that typical design bid build on the lower right. You can see it's very linear. It's very sequential. Um

construction does not start until you have the full plans and specs. With four clarifiers having to be done, um one each summer, um this type of a method is not the best tool, um to handle not just the complexity of the schedule, but also the risks at a facility like Willow Lake. we'll have a longer schedule and um there's also a lot of change orders associated with design bid build. That's the nature of that because you cannot anticipate how a certain contractor a low bid contractor might choose to do something in a different means and methods than if you're working more collaboratively and asking the contractor here's the risk here's the unknowns here's the challenges how can we be innovative how can we figure out and then they will apply hey this is how we're going to try to do it and you can incorporate that into the specifications and then that's what you're going to construct on so it's a much more collaborative uh process So, why would we choose Seamar? Again, some of the items we've talked about when a project is more complex. Ultimately, these clarifiers at about 20, you know, 16 to$20 million for us as a city of Salem is a pretty sizable project. For most contractors, it is not a big project. But the complexity of Willow Lake and being able to treat our wastewater um the risk to our permit um requirements, the risk to the schedule um and needing all four of those with the lack of redundancy makes this a high-risisk, a high schedule project that in something that is a more collaborative alternative process like construction manager at risk a better option and a better tool in our toolkit. The one thing about risk because we're collaborating that risk identifying those is really a cornerstone during design right we can engage that contractor they are on board

um any innovation that we are able to bring into the project is 100% benefit to the city that's incorporated during the design phase and we're able to do that during as I've mentioned work schedule Okay, we can do something called early work packages. So if there is work that we can identify where the contractor that they can get some work done that that reduces the impact on the schedule during that construction time period. That's a huge benefit to our project and to the process and again a benefit to the staff at Willow Lake who have to maintain and and deal with anything of of uh projects going overtime uh during the summer which is really not an option. The graphic here really just shows uh the difference um with a construction manager at risk how it is a collaborative model. Again, you're working early with a contractor. Um they are coming in somewhere in that 10% to 30% design phase. We have a good idea conceptually of what we want to do. We have a design team on board like typical. We have a contractor a contract with them and then the contractor comes in as that consultant construction manager and they're able to work with the owner the city and the plant staff as well as the designer to identify again the risks some of the schedules again how they're going to do it um and any again innovation that can happen during that early phase do some of the early work we may have some valves we have to put in if we can do that work early then it really frees up a lot of the pressure of the construction schedule. And then we move to a guaranteed maximum price that locks in the price, right? That really transfers the risk of the funding. At that point, the contractor has a really good idea of what the

project is the the and unknowns that they might know. They give the guaranteed maximum price. It really reduces the amount of change orders on a project, right? the risk has been transferred to the contractor at that point and they are going to deliver the project for that price. So we know what the price is going to be reduces the amount of change orders during construction. One thing that we talk about is why would we do this right? We are need to focus on local going with collaborative alternative delivery does not remove the local involvement. The general uh the general contractor you know the construction manager at that point um also has subcontracts right they are looking for local um firms to subcontract with to do some of the specialty work. There's still a lot of local involvement there. um the collaboration we're able to impart, hey, here's some of the the the sub consultant firms that we work with or teams, contractors, manufacturers. They're able to work with, you know, get bids from them to then give them work. Um the other big concern is uh um well, I'll just move on to the next one. That's fine. What I want to talk about is the Oregon revised statutes. Again, chapter 279 C and the public contracting code um 9 allows city council right as the local contracting review board to make that exemption from the competitive bidding process. I would say the traditional bidding process or the typical bidding process uh alternative delivery whether it is progressive design build whether it is construction manager um type process has been around for a while uh there's a number of cities that are

going and agencies that are going with collaborative delivery because of the benefits. Um and so here's an opportunity for the city to to make that choice. Again, this is not removal of a competitive process. We are going to select the contractor based on qualifications and price, right? We're not just doing the typical low bid. The typical design bid build, which is what we're asking the exemption from, is low bid, the lowest responsible bidder. Alternative delivery, we're able to factor in qualifications. Are we getting the qu contractor that can provide the best qualifications and price to the city to deliver the project in the schedule that we have advanced schedule and the risks that we have of this project. So there's a lot of benefits to that and that's the main reason for this public hearing is to ask that of council to make that exemption. Again, the recommendation before you that's in there is to adopt the resolution in support of the exemption for competitive bidding process and use of a Seamar contracting method for the Willow Lake water pollution control facility for the South Secondary Clarifiers Rehabilitation Project. some of the key project milestones. Again, with a compressed schedule with some of those risks we're trying to avoid, we would issue the selection pro process for construction manager this this spring. Get a design team on board, get a construction manager on board. Um, that construction manager again transitions into the general contractor during construction to deliver the project. And then the goal would be to get that design and collaboration work done early so that in the summer of 2027 we can do the first clarifier which would be number two, the one we've had

the most issues with and we're already doing emergency repairs on. And then we would move to clarifier one, two, uh, three and four over the next three summers. So basically one clarifier every summer over the next four years starting in 2027. And with that, I would uh open up to questions and the public hearing process. Okay, we have no one signed up for public comment on this item. Does anyone have any questions? Councelor Brown.

Thanks, Madam Mayor. Mr. City Attorney, thank you so much for the presentation. Um so, as a umme, I consider you to be a subject matter expert. Um so, as an you mentioned several things I just need a little bit of clarity on. So currently right now we do not have an estimate of how much this will cost. Is that correct, Council Member Brown? We do have an estimate. We've put together a capital improvement program um cost that is in the budget. I believe we have uh about 16 million to 18 million estimated currently in the CIP. There is I think between 12 and 13 million

budgeted. Uh we do know with some of the additional work based on clarifier number two being down and some of the um occupational health and safety issues we're having, we need some more valves for for isolation. Just to say that has increased the cost. So we're looking in that $18 million range. So we do have a fairly good estimate um right now of what that is.

So one of the things that you said and I maybe it's just my own hearing. I need a little bit of clarity. Um you said that the goal is to take the lowest bid and you had mentioned that uh you'll take in consideration the company's qualifications and their price. Is that the traditional way that you've done an RFP in the past or is this different? So just to to reiterate the the typical design bid build is based on you put the plans and specs together do the design and then you bid it and it's on low bid. So all you know anywhere from one two to 10 15 20 contractors see the plans and specs are advertising and Oregon buys they get put a bid together based on the bid sheet we have and then we take the lowest responsible bid. So, whoever is lowest and responsible per Oregon rules, per the the typical um public contracting rules, that is who we go with. We're asking for the exemption to factor in qualifications.

And that's the big difference is we will evaluate the contractor based on not just their price, but also their qualifications, meaning their previous work that they've done. They will have to show you something correct that they've done relative that will give them the expertise to do this project.

Correct. Yeah. We'll we'll solicit or the the requests that will go out will include what are your qualifications? Here's the initial project and they will give us a number to do some of the construction management during the design. And then we will also look at their qualifications. How many clarifiers have they have they done? What is their availability? Um who is who is on their team? Um, there's a myriad of factors that go into that. It's similar to selecting a consultant process, doing an RFQ or an RFP, request for qualifications, request for proposal process, except that we're extending it to contractors where we're able to look at their qualifications as well as price as a factor. So, it's still competitive.

It's just not the tradition traditional approach that is in the public contracting rules, which is why we need the exemption. Got it. Does that help clarify? It does. It does. Um, thank you. Thank you, Madam Mayor. Councelor Matthews.

So, just [clears throat] I'm not really understanding I guess the difference between you mentioned that in our current process, the design bid build, we it take the lowest bidder that's also responsible. And I guess I'm not clear on what the difference is between the responsible bidder versus a qualified bidder. And how we define those is two different things. I may defer to city attorney uh Mr. Achinson if he'd like. The qualifications responsible is a term. I'll let M uh Mr. Aerson answer it.

Aerson, city attorney. Essentially, it's the same thing. They have to be qualified um under the the bid documents. Uh and then they're responsive to the the actual bid.

Okay. So with that kind of assuming they're the same thing then or close to. So why are we taking the low bidder requirement out then? So wouldn't that be something we would keep? They're ultimately the same thing responsible bidder which what we traditionally go off of versus qualified. Why would we remove the low bidder requirement in this scenario? Because it sounds like we always kind of do the qualified bidder. We have biders can can bid and they put in a low bid. They also are responsible in the fact that they've submitted a bid that is um applicable to our plans and specifications, right? It is responsible to that they have some experience.

By going with qualifications and throwing that in there, we're able to look at more factors than just low bid. So, kind of a higher level of what

it's a higher level. What is their availability, right? How many projects have they done? What is their experience in working in a plant similar to ours? Was their experience in not just um working on concrete and um other wastewater plant op activities that they may have done but what is their actual specific experience with clarifiers? What has been their response with other agencies in doing clarifiers? Right? Some of those factors that we can look at uh we cannot do during low bid. So they can still be responsible during low bid but all the other qualifications that go into the metrics we can evaluate. Okay. Okay. Can I ask one more?

So, and then and I maybe this is more of a global question to our procurement maybe and maybe it's not the right time for this moment, but all I heard were the positives about this construction management at risk process as opposed to our design bid and build. It sounded like it the design build and build bid and build takes longer, costs more, less collaboration, more change orders. So, why is our normal process not the construction management at risk? Again, I may defer, but the public Oregon, you know, the contracting rules, organized statutes, and PC public contracting rules, list, design, bid, build, that's traditional, that's the way it's been. However, over the last 10, 15, 20 years, collaborative delivery has become more prominent,

okay, for a lot of these projects. Um, Pennsylvania dot is doing pretty much all collaborative delivery is what I've understood. If you look at the engineering um news news news record ENR, I think they say 50% of projects going out right now are going collaborative delivery because of the benefits. So there is a big shift to that. And then Oregon revised statutes, they do allow for alternative this collaborative delivery process to be an option. The local contracting review board has to authorize that as an exemption to the typical process. So that is all there. It's just the way that they've it's a bigger limitation is what you're saying. We're your limitation is what you're saying. You're our limitation. [laughter] Yes.

Got it. Okay. Thank you. I appreciate it. Councelor Tigan, I see your hand. And then councelor Nishioa. Thank you, Madam Mayor. I just want to ask, sorry, I'm getting echo here.

My question when you showed the schedule, it was for more than just clarifier number two. seemed it was clarifier three, four and number one. Are we agreeing to this semar process for all of those or just for the first one clarifier number two? We would be the semar process for all of them. And the advantage to that is the contractor learns a lot more um during number the first one number two and then would be able to apply that to uh some of the other clarifiers. Again, there's four clarifiers. They're not all have the same issues. Some of the clarifiers, the whole tank is tilted, so it needs to be releveled. Some the floor may have to be redone. Others it may not. Some the mechanism um is a complete replace on most of them. Um that's that's the big reason. Um, I don't know exactly how old some of these are, but they're from the 60s. Yeah, 64. Um, there's a lot of different reasons, but the the ability on the schedule and what the contractor learns, they would apply to all four clarifiers.

And so, you only have to come to us for this one. And that $18 million, this is not just general question. That $18 million number, this entire project or just clarifier number two? No, the entire project. It's all four clarifiers including the design and the project management. Thank you so much. Yep.

Councelor Nishioa. Thank you, Mr. Winslow. I think that um you can also clarify for us that we have done other projects um and and using the CM and um and maybe you can speak to the fact that it can um generate savings. Council member Nishioa, thank you so much for bringing that to my attention. Yes, we have done collaborative delivery in the past. Um I believe we started with uh the library doing a design progressive design build as the collaborative delivery method. I did not highlight that here. We've done uh the police station as a collaborative delivery method. Uh our ozone project was also collaborative delivery. It was a construction manager/general contractor CMGC method. Very similar to Seymour. Not much difference. It's just really the contractual back end. I don't want to get into details on that. Um, suffice it to say, it's really progressive design build versus a construction manager are the two collaborative delivery methods that we have used here at the city in the past on a number of those projects. And of course, the civic center. Um, we've come to you in the past for the civic center for progressive design build. Um, and I was here two years ago. We're looking at doing or approval to do and we're kicking off the digesttors. We have the the tank cover for the digesttors and the interior structural on that one was authorized as construction manager at risk as well. Um anything at the plant that has a big impact to the schedule the recommendation from from my perspective engineering would be and plant staff would be collaborative delivery just because of the nature of the risk and schedule. So, thank you. And cost savings, as I mentioned um in one of the slides, because you're collaborating early, any of the innovation that a contractor brings to the table during that design phase, again, when you have the designer

designing something, um it looks great on paper. We're we do the best we can. We're getting it out the door. And then a contractor does low bid and they may approach it from a different way. So they may come in with their own means and methods how they want to deliver it that may not align with how we were thinking and then that's where you may run into change orders. Um you may also have unforeseen conditions um ground things in the ground that we don't know about or other things that we encounter during construction that lead to change orders during design bid build the traditional process. However a collaborative method because you get the contractor in early they are saying how they are going to do something. when you talk about a project, here's the challenges. You're able to uh collaborate with them and build and identify solutions that you incorporate into that design that then they are going to do in construction. So those cost savings happen early on and you don't you don't see the change orders that increase the cost later on. Um you're also again do some of that early work. So you get the work done early which means um you are not as compressed during a narrow summertime construction window to deliver one clarifier and you can bring it back online and then you know there's a lot of stress there's a lot of risk you know permit fees all those are additional costs overtime to try to get that done. Those are all things that happen in a schedule that you know if you can't do early work. So again, benefit to the early work is you can avoid some of those.

Thank you. Thank you. If nothing further, we'll close the public hearing. Councelor to the motion. Yes. Um, I move to adopt resolution number 2025-29 in support of an um exemption from the competitive bidding process and use and use of a CMR contracting method for the WBCF second south secondary clarifiers uh rehabilitation project.

Second motion and a second by Gwyn. Any discussion? Seeing none, will the recorder please call the role? Councelor Tyen, I. Councelor Nishioa, I. Councelor Matthews, I. Councelor Gwen, I. Councelor Brown, I. Councelor Vain, I. Councelor Nordike, I. Councelor Vney, I. Mayor Julie Hoy,

I. All right, moving on to item 4B. The Salem City Council will now conduct public hearing to consider the annexation of an approximately 1.91 acre territory located at 4952 Center Street Northeast. The criteria applicable to the decision is SRC 260.010G 1A, B, C, and D. Testimony, arguments, and evidence must be directed toward the applicable criteria or other criteria which the person believes to apply to the decision. Failure to raise an issue prior to the close of the public hearing in person or in writing, or failure to provide statements or evidence with sufficient specificity to provide the parties and the city council an opportunity to respond to the issue precludes appeal to the land use board of appeals on that issue. A similar failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages circuit court. The hearing will begin with a staff presentation. The applicant is limited to um sorry let me go back. The hearing will begin with the staff presentation uh followed by testimony from the following. The applicant is limited to 10 minutes. Applicable neighborhood associations are limited to five minutes per association. Um, other interested parties are limited to three minutes and the applicant may have up to five minutes rebuttal testimony limited to the issues raised during the public testimony. Thank you,

Miss Anderson. Thank you. Um, good evening, Madame Mayor and Council. My name is Lisa Anderson. I'm the deputy director of community planning and development department and your planning administrator. I'm here tonight to present the case for annexation 762. I'd like to request that the staff report its attachments in this presentation be entered into the record. Uh the subject property tonight is 4952 Center Street. So it's located on Center Street way out in East Salem um just to the west of Cordon Road. Here's an aerial shot of the property. It's a little less than 2 acres. It's currently developed just with a single family house and out building. The property is designated on a comprehensive plan as developing residential which is shown here in the light green. You can see most of the property surrounding it has the same designation. Other properties in the area are designated SF which is single family residential shown in yellow. And then we have a couple multifamily properties in the vicinity which are shown in orange on this map. The property will be zoned residential agriculture when it's zoned or when it's annexed, sorry, when it comes into the city. So that's the light green. Um, and you can see there's some other light green property around that has the same designation. And then again, the yellow is single family. And then we have a few multifamily properties in the area that are shown in orange. All the properties that are white without a zoning are outside city limits. and so therefore they don't have a city zoning designation. Uh the approval criteria for the council to consider on an annexation is listed on the slide. The first one is that you have to determine if it's exempt from voter approval. So if it's inside the urban growth boundary subject to our comprehensive plan and all the owners have signed the application, it's exempt. And so that's the case tonight. It's inside our UGB, it's subject to our

comp plan and the owner has signed the application. Um, then you have to determine if it would make an orderly boundary. Um, as I showed on the maps, it is inside our urban growth boundary. It's located on Center Street, which is already inside the city and it's touching city limits on two sides. Then you have to determine if city services can be provided to support redevelopment at urban densities. As detailed in the staff report, the city can provide water, sewer, storm water, uh, fire and police protection. Um, there is a question about withdrawing it from any special districts. It is currently located in Marian County Fire District number one. It would be withdrawn from that district upon annexation and the city fire department would provide service. And then the last criteria is if it's in the public interest to annex it. So, as I mentioned, it is inside our urban growth boundary, which means that it's expected to be annexed into the city over time and to be redeveloped at a more urban uh level of density. It is going to be zoned for housing. Residential agriculture is a housing zone, so it can be redeveloped in the future with single family, middle housing, town houses, cottage clusters, or any combination. The only testimony we received was a letter of support from East Lancaster Neighborhood Association. Therefore, we are recommending that you approve the annexation, which would include applying a residential agriculture zoning, withdrawing it from Marian County Fire District number one, and forwarding it to first reading. That concludes my presentation. All right, we have uh Thank you. We have two people signed up for public testimony. She Romero I think that's the applicant and Paul. Did one of you want to speak? This just Paul I think is going to speak for the applicant.

Okay, great. Thank you. 10 minutes. You'll have 10 minutes to speak. Paul, I may have to add something. [laughter]

Uh my name is Paul. I'm with Land Use Consults. Shay's my associate. Our client is the owner of the property. He is a very competent builder, has done many things in this town. Uh is a real asset in my opinion to the city of Salem. Uh I I think he intends to have this property as his home and I just want to say how much I appreciate the city's processing of this, which has really been without any incident. Um, sometimes we have some friction, but this is not one of those occasions. And of course, we support the project. I can't help stop thinking about the bean and turkey soup that you mentioned earlier. So, nothing to do with the project, but I haven't had supper and that's just sounded so great. So, those are really my comments. appreciate the city's support of it. It It makes logical sense and it's for the best, I think. That's it. Thank you.

Thank you very much for being here. All right, Councelor Bang.

Uh, thank you. Then I uh motion to approve the annexation of the territory at 4952 Center Street Northeast, including the withdrawal from the Marian County Fire District number one and the application of RA residential agriculture zoning and forward to first reading. I'll second that. We have a motion by Bang and a second by Nishioa. Does anyone have any questions? Will the recorder please call the role? Councelor Nishioa I.

Councelor Matthews I. Councelor Gwen I. Councelor Brown. I. Councelor Bain. I. Councelor Nordike. I. Councelor Barney. I. Councelor Tyken. I, Mayor Julie Hoy,

I. All right. Close that public hearing and move on to the third item 4C. The Salem City Council will now conduct a public hearing to consider the annexation of an approximate 48.02 02 acre territory including public street rightway located at 3741 Langley Street Southeast and the 3700 to 3,800 blocks of Langley Street Southeast and Timbit Drive Southeast. The criteria applicable to the decision is SRC 260.010G1A BD. Testimony, arguments, and evidence must be directed toward the applicable criteria or other criteria which the person believes to apply to the decision. Failure to raise an issue prior to the close of the public hearing in person or in writing, or failure to provide statements or evidence with sufficient specificity to provide the parties and the city council an opportunity to respond to the issue precludes appeal to the land use board of appeals on that issue. A similar failure to raise um constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court. The hearing will begin with the staff presentation followed by testimony from the following. The applicant um is limited to 10 minutes. Applicable neighborhood associations are limited to 5 minutes each and other interested parties are limited to three minutes. The applicant may have up to 5 minutes rebuttal testimony limited to issues raised during the public hearing. Thank you. Thank you, Mr. Bishop. Please go ahead.

Good evening, mayor, members of the council. Bryce Bishop with the city of Salem Planning Department. Here to present the staff report for this annexation before you this evening, annexation case number C763. I'd like to enter the staff report, the presentation, and all the attachments to the staff report for into the record. Uh so in terms of the annexation before you this evening, it is located in the at 3741 Langley Street Southeast and also the 3700 block and the 3,800 block of uh Langley and Timbit Drive southeast. So on the screen here uh the red star indicates the general location of the property. It's east of I5 uh south of Kubler Boulevard and Boone Road and east of 36th Avenue, kind of in the southeast portion of the city. Uh here's an aerial photo uh that shows the the total area uh proposed for annexation. Uh the total territory is 48.02 acres uh of which uh 42.48 acres is actually in private property, not part of the ride of way and then 5.54 acres are located in the adjacent rights of way of Langley Street uh and uh Eastland Drive and Tim Drive. So, the annexation includes not only the the five tax lots that are highlighted in white here, but then also uh Langley Street from 36th Avenue to Eastland, uh the short section of East Land uh over abuing the city limits to the to the east here. And then there's Timba Drive, which currently uh is a very underimproved uh almost like a driveway that ends at the southeast corner of the property. And then uh there's unimproved uh rideofway that goes west, north, and west again in a zigzag fashion that would also be included in this annexation territory. Uh the property is currently designated industrial on the Salem area comprehensive plan map as is the case with properties to the north. Uh properties to the south are uh z are designated developing residential on the Salem area comprehensive plan map. uh

upon annexation uh the property would be zoned IP. The IP industrial park zone is one of the zones uh of the city's uh zoning code that uh implements that industrial comp plan uh designation. So there is no request to change uh the zone from what would automatically be upon annexation into the city. Uh the approval criteria for annex annexations are identified on the screen. Uh first we had to make a determination if it's voter exempt or not and this one is. It's an applicant initiated annexation uh that has been signed by uh the petition has been signed by all the owners of the property. It's within the Salem Burmer growth boundary and it is subject to our comp plan. Uh the proposal will result in an orderly u extension of the the boundary of the city uh limits. The property is contiguous at the city limits at the southeast corner. It's within the urban growth boundary and therefore is qualifies for an orderly uh expansion of the city's boundaries. uh as identified in the staff report, services can be provided uh to the property. Uh and part of that would be, you know, since it's outside the urban service area, there would be a requirement that they do an urban growth preliminary uh declaration uh to determine what services are needed to ex uh to be extended to the property in the surrounding area to serve it. Uh the property is also within two uh special service districts. One is the Turner Rural Fire Protection District and the other is a Santium Water Control District. Uh upon annexation, the property would be withdrawn automatically from the Turner Rural Fire Protection District because the fire uh fire services would instead be provided by the city of Salem. Uh the Santium Water Control District is not an automatic withdrawal district and so therefore it will stay within the district upon annexation and the annexation is also in the public interest because it provides additional uh you know tax base you know for industrial zone land which will uh encourage economic development within the city. Uh in terms of testimony received uh that that is highlighted in the staff report, we did receive comments from the Santam Water Control

District and they uh expressed a number of concerns primarily relating to uh the the coaches lateral which is a a ditch or a water a ditchwaterway that provides irrigation and uh drainage services to properties within the district. And as uh properties have developed over time and uh and properties have came into the city and and they go away from agricultural use, there's less and less properties in the district utilizing uh their services. So there's kind of a a pinch there in terms of how annexations impact the district. Uh so in their comments you'll see that are included in the staff report there was concerns that were identified about uh since this property will be urbanized in the city and zoned IP that it will no longer be used for uh water uh rights as would be afforded by the district for irrigation and drainage. And so uh they wanted they requested that the city include a condition of approval to require them to transfer their water rights through a quick claim deed to other properties in the district so those water uh rights can be maintained. And there was also a request for the city to require the applicant to sign documents to terminate uh the water delivery contract uh with the with the property upon annexation. As identified in the staff report, uh the city vice code doesn't allow us to uh enforce private regulations between parties and this is an this is an agreement between the the property owner and the district and any success or anor and then also the district itself. So, we can't through the annexation process require them to, you know, transfer their water rights away or to sign a termination uh documents to terminate the water contract that's between the the district and the owner of the property. Uh, and there's also concerns identified for flooding and water quality concerns when the properties annexed in the city and eventually developed. We have storm water requirements to deal with both quantity and quality uh measures. So in terms of how much runoff can you know go from the property into the surrounding systems and then also you know what kind treatment of that water before it enters

into any approved point of disposal. And one of the bones of contention in the in the in the comments from the district was that coach lateral those drainage channels are private and then the any development on the property doesn't have a have the ability to discharge into those uh private you know storm drain you know ditches. Uh and so regardless of whether they're the ditches are public or private uh you know if they are private that the the development of the property can't discharge into those ditches without an agreement. Um but you know being outside the urban service area you know there are other ways that they can you know provide storm water to the site and that would be through extension of storm water facilities you know from the north along with the uh water and sewer that will also have to be extended to serve the serve the development. So we feel uh that the comments at this point at at the point of annexation of the property are really uh not u gerine to the question at hand. So based on that we would recommend that the council approve the annexation along with its uh application of industrial park zoning once it's annexed withdraw the ter territory from the turner rural fire protection district and and advance to first reading uh for uh in advance the the annexation to first reading. Thank you. There's no one signed up for public comment.

Close the public hearing. Yes, we we do have someone signed up. Uh remote testimony. Oh.

Um hey everyone. This is Monish. I'm the developer on this project. And you just want to reiterate the things that Bryce brought up. Um, we think that the site has a lot of potential as a future industrial project and we've got specific experience uh delivering those kind of projects in Salem. We built the roughly million square feet that Dollar General partnered with us on east of this site as well as a facility for Jensen. And so, um, we, you know, we hope to sort of attract another quality tenant to Salem and hopefully add some jobs to the market as well as, uh, some economic vitality. And our goal is to sort of work with the city as well as all the other departments, uh, to achieve that. So, I I hope that we can get this approved.

Thank you for your testimony. We have no one else signed up for public comment. So, we'll close uh the public hearing. Does anyone have any questions? Seeing none, will the recorder please call the role? Oh, I apologize. Councelor Matthews, please read the motion. I move to approve the annex annexation of the territory located at 3741 Langley Street Southeast and the 3700 to 3800 blocks of Langley Street Southeast and Timbent Drive Southeast including application of industrial park zoning and withdrawal from the turner rural fire protection district and advance to first reading.

Second. We have a motion and a second by Gwyn. Anything further discussion? Seeing none, will the recorder please call the role? Councelor Matthews, I. Councelor Gwen, I. Councelor Brown, I. Councelor Bane, I. Councelor Nordike, I. Councelor Bernie, I. Councelor Tyen, I. Councelor Nishioa, I. Mayor Julie Hoy, I. All right. Uh we are going to jump on to the consent calendar. Councelor Nishioa take care of that.

Whenever you're ready. Thank you. I move to approve the consent calendar. Second. Motion and a second by Gwyn. Councelor to your motion.

Thank you. The consent calendar consists of the November 24th, 2025 draft council minutes. Uh action item 3.3A authorize city manager to execute the attached cooperative improvement agreement with ODOT for the O22 Center Street Bridge seismic retro um project and 3.3B um authorized the city manager to execute an amendment to the cooperative improvement utility agreement for the replacement of city water and fiber fiber optic utilities in in association with ODOT's Salem Center Street Seismic Bridge seismic retrof project. That's a lot. [snorts]

Thank you, Councelor Nishioa. Does anyone have any questions on any of those items? Seeing none, will the recorder please call the role? Councelor Gwyn, I. Councelor Brown, I. Councelor Bang, I. Councelor Nordike, I. Councelor Vney, I. Councelor Tyen I. Councelor Nishoka I. Councelor Matthews I. Mayor Julie Hoy I. All right. Want to take a quick break? Motion passes. Five. Five minutes. Yeah. We'll take five minutes. Come right back to public testimony.

No, I just felt about the uncolle. All right, we'll come back to order and continue with public comment again. You'll have three minutes to speak. When your time is up, please uh please stop. I'd like to call Hannah Shooting Bear and Christina Ballard. Hannah is

Thank you. And Christina Ballard then and Elite Strauss. Is Christina Ballard here? Okay, we'll move on to Elise Strauss and we'll come back to Christina if she comes back in the room. Hi. Um, I'm Elise Strauss. I'm from W 8 and uh I wanted to thank you for the state of emergency draft. Uh, it's pretty comprehensive. It does need a little work. Um, section five. Um, I'm assuming the city manager will be responsible for making sure all the items on this under section five. There are some items there that are pretty profound if they are done and they're done well. Um, especially section B, who's going to be what what community partners are you going to be using? What immigrant rights advocates? What legal services providers? What educational institutions are you going to be working with? This this looks good on paper, but if these action items aren't upheld and and they aren't done correctly, this is just going to be another document that gets lost in the mix. Um, I'm hoping that you will bring stakeholders to the table because everybody here is ready to roll on things that will help our community. And I'm hoping that you will talk to the

stakeholders and the people who are affected by this. If you sit down with the kids with at loose, they're going to let you know what the community needs. We don't need to proaricate on this forever. These things need to be done and they need to be done now. And on section 14, it states, "The city of Salem respectfully requests the state of Oregon provide support and resources to community partners." Why are you kicking the can down the road to the state? This is a Salem issue. Um Hillsboro and Washington County pwnied up $400,000 and uh Woodburn $30,000. This is a Salem issue. We need this money now. When a family member is kidnapped, the resources that the family needs are profound. What about the guy whose car was trashed by ICE when they ran him off the road and they totaled it? These families need money. We don't need this to be kicked down the road to the state. You've got what? We've got $3 million in the uh general fund. 200 or $300,000 is a drop in the bucket. We need this money now. Um, and we now's the time to be brave. We need to hold ICE accountable. Attorney General Rayfield on November 25th submitted a letter to the Department of Justice stating that act the letter is actively monitoring federal conduct and will investigate any case where a federal officer appears to be acting outside the reasonable scope of their duties. You need to uphold the rule of law. and it needs to be done now. [applause]

Did Christina Ballard make it back? Great. Come on forward. My name is Christina Ballard and I live in Ward 7 and I am here to encourage you to take a step further than what is proposed in the state of emergency declaration specifically setting aside funds uh to assist people impacted by ISIS actions. one of the demands from a lot of the folks you're going to hear from. Um, as an American, I am ashamed by what this federal administration is doing. DHS has blatantly disregarded court orders and has sought and received permission to racially profile people, which they are doing. Like the majority of citizens in the United States, my family were once immigrants. My grandparents came from Italy to escape fascism. They came via Ellis Island and they were welcomed by Lady Liberty. I'm sure you're familiar with the poem on her pedestal which begins, "Give me your tired, your poor, your huddled masses yearning to breathe free." My mother honors her family by teaching citizenship classes. And I do my part by participating and [snorts] volunteering for things. And I also did my part by educating myself and becoming an educator. I have a master's degree in communication studies, which means I know how to find information. I know how to find accurate information. I used to teach information literacy. And one of the things I'd like to express to you tonight is the misinformation that people are receiving regarding the situation with ICE. I hear a lot of people say that immigrants don't have a right to the

14th amendment. Well, the 14th amendment distinguishes between citizens and persons and it states that no person shall be deprived of life, liberty, or property without due process. Not no citizen. It says no person. Since the federal government is failing us, we need to take it to our state and local leaders to protect people, which puts you in a bad position. As uh councelor Matthews so very rightly pointed out that pragmatically the things that you can do are not effective. They cannot be effective against what the federal government is doing. You cannot make ICE stop. You cannot make them change the way they're doing things. But what you can do is you can help pass on accurate information. You can put pressure on the federal representatives to stop the illegal actions that ICE is taking. What you can do is support all of us. And I'll leave you with a number that surprised me. The most recent data from ICE show that the share of immigrants detained who had criminal convictions had fallen from 62% of detainees in January to 31% in November.

Thank you for your testimony. [applause] [cheering] I have Patricia Larios and Autumn Brightweiser. Hello, my name is Patricia Larios. I live in Ward 6. Um, first of all, I want to point out that America, North America to be exact, is made out of 23 countries. Canada, Mexico, the Caribbean islands, Central America, and the United States. Um, if you haven't noticed yet, I want to bring to your attention the fear that I is bringing to our communities with the targeted violence uh and violent arrest. ISIS is using racial profiling to harass and detain those whom they assume are not citizens, people of color and work vans at work locations. Children of all ages are seeing this. What kind of example are we setting? To fear law enforcement? To eventually grow up and hate them? Immigrants are one of our most hardest workers. They'll take any job, lowpaying job with zero benefits. What's going to happen to our economy when, you know, these people are gone and they're no longer working our fields, picking our crops? What's going to happen when we having to pay more prices for the food that would normally cost us less because we have people working? This is a problem that is hurting our community as a whole, not just as immigrants. As I look at you, all of you, I see diversity. I know that, you know, some of you, if not all of you, are related to somebody who is affected by ice currently. The council's vision for Salem is to be safe, livable, and sustainable uh capital city with a thriving economy

and vibrant community that is welcoming to all. Well, we don't feel safe and we don't feel welcome. We want to continue to be the city of the sanctuary. And like our neighbors, neighboring cities, we declare a state of emergency. Thank you. [applause] Autumn Brightweiser and Kimberly Reed Zubber.

Autumn Brightweiser 97302. I've been a high school teacher in Salem for 25 years. A couple weeks ago, we were in lockdown for two hours. When the alarm goes off, it is my job to sweep my hall and pull in all my students in the vicinity with urgency. It's not a joke, and I take this responsibility very seriously. I don't care their grade level, IEP designation. I don't care if they like my class or not, have purple hair, or illeal legal citizen of the United States. I don't pause to ask questions, and I do not debate whether they are worthy of my safe haven. In that moment, all I see is their humanity, and as their teacher, my role to protect them. This is what you need to do in this emergency situation. The alarm has been pulled and voiced by thousands of community members, black, brown, and white alike. for every person that was here last week with each um we each represent at least a dozen other people who were a unable or afraid to attend and we have been sounding the alarm for months. There's a real threat of danger out there and you are burying your head in the sand or you have a heart of stone if you don't see it and you don't feel it. When you care for people, when it appears that they are under any sort of imminent threat, when they tell you that they are afraid and they ask for your help, you open your doors, you take them in, and you see their humanity, and you recognize that it is your job to protect them. I have taught my entire career at McKay, and if you have ever stepped into that building, you would know that I'm the minority there. I will retire there, and it is my community, and those are my kids. I teach art in what we call the art sanctuary. And why is it called that? Well, because we saw a need decades ago and we acted upon that need. As a teacher, it's our job to ensure students and families know that we can provide a safe, inclusive, accepting, and sacred space where all who enter are free to be and express themselves as they are. We voice it. We promote it. Our words are backed up with actions. We revisit this commitment multiple times throughout the year. Every year, and this is what healthy communities do for each other. We see each other's humanity, and we do everything we can to protect each other. You must create a sanctuary.

As a professional educator, one of the skills I possess is being able to determine the well-being of my students based on their attendance, behaviors, attitudes, and engagement. And many are not okay. I have a bulletin board outside my door that generally displays flyers for art school, scholarships, and creative competitions. It currently holds red cards, phone numbers for park, echo, uh, family safety planning, and food bank resources. I replenish this information because it is taken daily and I recognize their struggles and their pain and I see their humanity and I take initiative to provide resources to protect them. Because I have created this sanctuary, I am also a trusted adult and privy to student talk. I've been asked, "Is it safe to keep coming to school, Miss B? What would you do if Laibra came into our classroom right now?" I have overheard students talking about what they would do if a masked man smashed their car window and detained them at gunpoint. I'm sorry, but these are conversations our students are having in high school. Is this what you talked about when you were in high school? My point is this. This is your time to do something. We are the capital city of the incredible state of Oregon and you are its leaders and supposed to be the trusted adults in the room. It is your job to identify the needs of the community. And when you don't, then you must listen to those hurting and act decisively. Act immediately. Reflect care and concern. Make public reaffirming statements and commitments. and then most importantly back them up with actions. It is your moral responsibility to create a sanctuary and like a lockdown

pull everyone in during the emergency with urgency. Your time is expired. Thank you for your testimony. Fulfill Luc's demands and I don't know I'm sorry if this is out of protocol, but can I address the students in the room real quick? No, I'm sorry. Someone needs to address the fact that they are here on a school night and they are standing up and using their voices [applause] and Vanessa I defer to you to maybe articulate it with when there's more time because I know you will speak well on

I call Kimberly Reed Zer please. [applause] I'll just I'll just reiterate, please be respectful of the time so we can make sure to get to everybody within a reasonable time frame. Go right ahead.

Good evening, mayor, esteemed counselors. I'm Kimberly. I reside in Ward 2 and I'm speaking as an individual. Uh last week the community came together in support of our families, friends, and neighbors, specifically in support of the demands from Latinos or loose. Those demands really boil down to something that we heard earlier this evening in the uh proclamation for human rights day. Freedom from fear and want. And honestly, when you put it that way, it doesn't freedom from fear and want. Doesn't sound like such a stretch, does it? Uh before going on, I would like to say thank you truly to the council for um heeding our public voice and uh and taking action on the crisis caused by immigration and customs enforcement action in our city. Your leadership demonstrates a commitment not just to due process, but to justice and compassion. And those are values that we really hold deeply here in our community. Uh today I'm calling on you to shoulder the responsibility we have towards members of our community who are in vulnerable situations due to unlawful and unconstitutional federal actions. Lewis has put forth a very clear and crucial demand. Allocate $300,000 from the city budget to support those impacted by ICE detentions. This amount corresponds to the city's minimum revenue guarantee for commercial airlines, meaning that it is a feasible expenditure. The ongoing immigration crisis has not only affected those directly involved, but it ripples across the city. Families are facing uncertainty, fear, and distress.

Investing in these support systems moves us that much closer to freedom from fear and want. But I'm going to backtrack here a little bit because we hear a lot of talk about investing. But people are not investments. We don't spend money on people to turn a profit. We spend money on people because they're people. The purpose of government money and by that read taxes. The purpose of government money from city all the way up to the federal levels is to provide infrastructure and support for the people who live here. It's not to generate profit. $300,000 for freedom from fear and want. Sounds like a good deal. Thanks, [applause] Kelly Nelson and Elizabeth Parks. It was Kelly Nielson and Elizabeth Parks. Good evening, counselors and mayor. This is Kelly Nielsen. I'm from Ward One. Good evening, councelor Tagen. I spoke last week about the time when I lived in the salad bowl of the United States in the Paharo Valley of California. While I live I lived on there were a lot of rural roads out there and I lived on one of them and one morning while my

husband was at work and I was on a blanket in the kitchen doing yoga, some cops knocked on my door. They were really upset about something I didn't know what it was and they put pressure on me to come to come in. They didn't have a warrant, but I was afraid and so I let them in anyway. They swarmed through my entire house. [snorts] They put a a picture of a young Mexican man that I had never met in my face three or four times trying to extract a confession that I knew him or knew where he was. They asked multi and they finally it took my husband calling them to get them to leave me leave me alone because they pull their car up in the dawn and up our hill and just watch us ju just look at our at our quiet house in the morning. That incident scared the living daylights out of me about the police, about my community, and about my leaders. I can't imagine how how I would have responded if I would have known those cops could have used any amount of excessive force they wanted and not having to been held accountable if they could have just busted in without a warrant. If they would never be held responsible for for the way that they treated me. This, I think, is what makes a failed a failed culture. It's not the food that people eat. It's not their their religion or anything like that. It's when certain members of the community of the culture are given impunity to act out on other members of the community the way we see ICE doing now the way we see billionaires doing now. I can't imagine what it must feel like. So please pass this resolution with the funding with the action items. The justice delayed is justice denied. So

please help our residents now. 25 20% of us is all of us because we're all interconnected. So please fund us. Make make ICE obey the law. Why is it so much to ask that they follow the traffic laws that they identify themselves? Please pass this resolution with the improvements, with the funding. do everything you can to uphold our our citizens and our way of life and the culture that we have. Thank you very much. Have a great evening. [applause]

Elizabeth Parks and Norman Parks. Do I I'm Elizabeth Parks and I live in Ward Six and I am here in support of ICE and I appreciate that they are trying to find criminals and remove them so that our citizens are safe. I recommend that we do more to help lawabiding nonitizens to be able to remain and become legal residents who contribute to our communities. [cheering] [applause]

Norman Parks and Sandra H. Everyone has the opportunity to speak. Please be respectful. Mayor Hoy and members of the council, thank you for letting me speak. I would like to first of all express my appreciation and support for Mayor Julie Hoy and the Salem City Council for the excellent work they are doing. We wish you well for your leadership and your service. Secondly, I like I'd like to express my opposition to the proposal that Salem declares a state of emergency, quote unquote, because of ICE coming to Oregon to enforce federal laws. ICE is the remedy for the problem. ICE is not the problem. The problem is that the previous presidential administration allowed millions of undocumented and unvetted people into our country from a number of different countries. Many came from countries who hate and oppose America. Many were criminals in their own countries led out by their governments. Many are pursuing criminal endeavors in America. Watching my time with the recent reducing and commuting of thousands of inmates sentences by Governor Tina Cotek, Salem and Oregon are facing a more difficult task to maintain law and order and provide safety for our citizens. The very last thing we need to do in light of these facts is to resist or conflict with ICE. ICE is a

constitutional and effective arm of the federal government to save us from people who have evil in mind for us and who have no legal grounds to be here. Why would we want to resist the qualified and authorized help that we need? If we do, it is at our own peril. Please oppose any state of emergency proclamation against ICE. Rather, we need to support ICE to serve the best interests of the citizens of Salem and all the citiz citizens of Oregon. Thank you very much. Okay. Sandra H and Samuel.

Sandra H and Samuel. I am here representing Latino Unidito, an organization that has worked with thousands of workingclass young people in Salem since 1996, with the majority being migrant youth and children of migrants. Last week, over 200 community members gathered in defense of our migrant community who is being terrorized by fascist masked men sent by the federal government. Among the many demands we made to increase local protections for our migrant community, it gives us hope to see that the city council has moved forward with proposing a declaration of emermergency. This declaration, however, falls short in action. When we are being persecuted, when our lives are at risk, when we are being kidnapped and disappeared, symbolic proposals do not protect us. Material ones do. We need a financial investment to support the victims of ICE. 300,000 is the bare minimum to meet the needs of the of 20% of Salem's population. Funds are needed to provide families emergency relief and legal support, a basic constitutional right that is being not denied to our migrant families. We are not asking for free money. We are demanding an investment from our tax dollars that our migrant workers contribute to in Salem. Despite paying taxes, undocumented workers do not have access to public benefits, health care, or or even a retirement fund. We are demanded that demanding that this city invest back the money our migrant

workers pay into to support our families in this crisis. We need our local police department to make clear and public commitments that follow actionable steps such as ending the use of unmarked vehicles, executing traffic and criminal violations against masked men who are kidnapping our families, and making a clear and solidified commitment to never sign onto an 28C 287g agreement. this with this declaration of emergency. We also ask that the city council follow up by demanding that the Maring County drop any lawsuit that challenges Oregon sanctuary promise act. As our local representatives, we expect that you look out for the well-being of our community of your constituents. And this lawsuit is putting us at risk. We have work to do. We are tired. This is the bare minimum for anyone who is willing to be a public official. You're not doing the work we are. So make our work a little easier by giving us what belongs to us. [applause] Samuel and then Leo. Paprioes.

pro protection. No, no. Fore immigrant, [cheering] [applause] Lao and Sophia. I demand that you guys invest $300,000 in automunities and take ice out of our communities. [applause and cheering]

Sophia and Marisol. I am a student in Salem Kaiser. As a daughter of immigrant workers, I am here to stand and defend my family. I demand that you pass an emergency resolution. We need $300,000 to legal support of resources. Stop wasting our time and start acting now. We don't need symbols. We need action. Thank you. [applause]

Marisol and Alex B. Hello. I am 12 years old and I am here today to testify again for those who cannot be here. For polit politicians, maybe it it's easy to be quiet when human rights are being filed. Can I just start again? Yeah. Okay. Okay. I'm 12 years old. I am here today to testify for all those who cannot be here. For the political sense, maybe it's easy to be quiet when human rights are being violated. But for most of us, we will always speak up. I'm here today for immigrant who immigrants who work the fields and have to wake up every morning before any of you wake up. For those that wake up before the sun rises. I'm here for the immigrant families who have to live. Oh my gosh. Who have to live who are here. immigrants, families who have to live in and try to survive in fear. For the kids who go to school and have to lock their phones in the yonder pouches and can't focus because of the anxiety and depression they're feeling, not knowing if their parents are going to be home when they get home. Kids who think to themselves, "What if I is at their work and I'm here at school, not knowing what's going on?" I'm here. I'm here for the strong immigrant moms who smile at their kids who like it's nothing wrong while their heart is breaking into inside and whose love is

more empowerful than anything. Immigrant immigration is a result of US displacement. I will repeat this again. Immigration is a result of displacement caused by the US. No one, nothing is handed to us. We work for everything. We have, our people have stories, stories that go back thousands of years. We migrated across a part of the world because borders existed before Salem was even called Salem. No one should be prepared for their family because of their immigration status or color of their skin since that is just all it takes suffice to target you. Do you know what is like to be away from home? The people I've talked to about immigration, all of them had said have had something in common and it was that they suffer not being able to talk to their loved ones who they grew up with who saw them in their highest and lowest. Who would you how would you feel if you couldn't see your favorite uncle, aunt or parents who gave you everything and that you loved? You'll probably start crying. But the people actually impacted and are feeling and feeling family separation are tired of crying. Crying helps you express your pain. But we will turn on our turn our emotions of sadness and hurt into organizing. This generation is not going to to compromise. And it's better that you realize this now. It is time for you to put words into action. And finally, support immigrant families of Salem. Do you decide to be on on the city council or decide to become mayor for your for your benefit or to help the hero to

commit the demands of the community that is making some of you guys say that you guys know how it feels to feel all these emotions, but you guys don't. Sophia, I I gave you extra time, hun. Thank you so much. Thank you so much for your testimony. And you guys need to help us the community who are also being impacted, not you. You guys by yourselves. Thank you for your testimony. [applause] [applause] Marisol and Alex B.

Is Marisol here? Oh, Alex B and then Alex S.

I'm Alex. Alex B. I live in Ward 6. Uh, I'm here talking as someone who grew up in Salem and has parents who are immigrants and are workers. Uh you guys proposed a state of emergency, but let me give you guys a little timeline on what happened. Last week we came 200. You guys had a cute little resolution you wanted to recite. You guys didn't talk to us. You guys didn't reach out to us. We're not hard to find. Maring County has a rich history of immigrant organizations and we don't just help out immigrants, we help out poor people, workingclass people. During CO, it was those organizations that held it down. We didn't get no awards. We don't want no awards. We did it because that's what we do. We do [sighs] we help those who can't help themselves. I'm mad. I'm disappointed in you guys. You guys said some nice words after we left, but then we saw the resolution gutted. There's no budget. Stop infantilizing us. We're not children. This is real things we're going through. Our parents are workingass people. We are important people. Without us, you guys wouldn't have food. You guys wouldn't have the Christmas trees you guys are hanging out. You guys wouldn't have anything. Why is it that I get the feeling that you guys wouldn't do this to the business community? You guys wouldn't draft up a resolution without touching base with them. No, that's they would be so mad at you guys. You would be like, "Why are

you guys doing this and not talking to us? You guys don't do that. Why are you guys doing that to us? Why are you guys doing that to us? Stop infantilizing us. And and then I I see some of you guys say, "Oh, the mayor the mayor is bigoted. The mayor is a Trump supporter. Where are you guys? Set set the example. If the mayor is like that and the other two constituents are also, what are you guys doing? Go up and go up and and beyond. We're not We know what's going on. You guys are the majority. You guys have power. You guys are not regular people. We voted for you guys. When it's time for W 6 to have elections, you know, we talk to our neighbors. We we say, "Hey, this person is good. This person's not good." Because we're community. That's how it is. But then you guys get into office and you guys don't even want to acknowledge our pain, our our our existence. You guys know what this community is going through. It's viral and you guys don't say anything. Every time you guys have a meeting, you guys are like, "Oh, I I went to this cute little culture event with brown people. It was so adorable. I got to eat their spicy food. I saw their dances.

Your time is expire." I want to see you guys say, "Hey, I I talked to working-class people that have barely any food on their table." Alex, I'm sorry. I'm an elected official. I have a duty to represent them. I don't want to hear about your cute little excursions. Uh explor. I'd like to call Alex S and Angel M, please. [applause and cheering]

Hi, my name is Alex and I live in Ward 5, but I also serve and support communities in all wards. I'm standing here today not just for myself, but for every young person who's cried themselves to sleep, unsure whether their family will still be together in the morning. I'm standing here for the parents who are terrified to go to work and because stepping outside of their home feels like they're stepping into danger. I'm standing here for the students who can't concentrate in class because their anxiety has taken over their minds. And for the families who feel like they're disappearing in silence and unseen or unheard or unprotected. While our community is living through a real and undeniable crisis, we are here fighting for the bare minimum that you all are obligated to do. The $300,000 investment. And let's make it clear, this is not only the only demand that we have. This is the bare minimum any city with consensus should be willing to invest into their into the people who are living under their their under constant threat and fear and instability. And I also want to be clear when I say this. Shame on every single one of you who refuse to vote in favor in making this a sanctuary city or declaring a state of emergency. The excuses, deflections, the outright nonsense you all offered the last meeting did not reflect what the community is demanding. And let me remind you the remind you of something. You seem to forget you are not here to vote on your bases on your personal or your personal opinions or personal fears. You are here to carry out the will of the people who we are the stakeholders not you. And if you are unwilling to confront the realities and the harm that is being done to our communities, then step aside

and sit quietly in the back and coward there if you must. Because we will continue protecting our neighbors and fighting against the harm that's being inflicted on our communities whether you choose to to do your job or not. Especially you, mayor also. especially because you have you also gave a pretty statement last time uh on Monday, but then voted to not declare a state of emergency when there was also a detention that happened a few doors down from your own business. Also, we didn't forget. And if anyone here still doubts the value of the impact our immigrant communities have, let's talk about real facts. Immigrants are essential to Salem and Oregon. They make up about 10% of Oregon's population, roughly 400,000 people, but produce 13% of the state economy's output, which is $33 billion. They are they do crucial jobs in agriculture, healthcare, and local businesses, putting food on your tables, and making the economy run. In 2023, immigrants and households contributed around 5.6 billion in federal, state, and local tax, including $700 million from undocumented immigrants funding school, roads, and public services. Beyond taxes, immigrants spend money on groceries, rent, services, and small businesses.

Alex, immigrants are not draining this state. They're not a burden. Immigrants are building Oregon. Immigrants are sustaining Oregon. Your time is Oregon. Thank you, SIR. [applause] [cheering]

Angel M. and Kathleen Trepa.

I am here representing Latino Sunre, an organization that has worked with thousands of working-class young people in Salem since 1996, with the majority being migrant youth and children of immigrants. I'm here to demand a financial investment to support the victims of ICE. $300,000 is the bare minimum to meet the needs of 20% of Salem's population. Funds are needed to provide families emergency relief and legal support, a basic constitutional right being denied to migrant families. Nobody's asking for free money here. We're demanding an investment from the tax dollars that our migrant workers contribute to Salem. Despite paying taxes, undocumented workers do not have access to public benefits, healthcare, or even a retirement fund. We are demanding that this city invest back the money of our migrant workers to pay into to support them in this crisis. With this declaration of emergency, we also ask that the city council follow up by demanding that the Marian County drop federal and state lawsuit that challenges the Oregon sanctuary promise act. As our local representatives, we expect that you look out for the well-being of your con constituents. The lawsuit put forward by the Marian County puts your constituents in immediate risk and decreases the trust and public safety. I want to end this with giving you guys a little reminder and a little history lesson. The first ever alien and sedition acts were placed in 1997 as a response to a threat of war with France. This was used so that they could respond to a threat. Now it is being used so that the government can actively threaten us. The government is manipulating situations and using their power to use this act to go against workingclass law-abiding citizens. Be the change and use your power to protect and help and support the citizens. If you oppose this, you are nothing but a disgrace of the duties that you hold in that chair you are sitting in. And to the people of Salem, thank you, [applause]

Kathleen Trepa, and I believe it's Kim. Yes, thank you very much, Kathleen Trepo, Ward 7. Um, and thank you very much for sta to staff for putting the emergency order on the agenda so quickly after the last meeting. And I know there was only a couple days to turn that around. Um, but I note for the record and for the city attorney's benefit that the summary in the staff report grossly mischaracterizes that quote unquote several community members expressed their concern at the last meeting. According to news reports, over 60 people spoke. You had over 200 people attend the meeting and you listened to hours of testimony about the need for an emergency order in a sanctuary city. So, it is no wonder that people are upset because you just gas lit us in your staff report by calling that several members of the community expressing their concerns. That's why they are upset. I also would like to follow up on Alex's comments because I volunteer at the Mono Mano Food Pantry on Mondays. I was there today with my mother and half of the people who were served at that food pantry were white. This organization never turns anybody around. It never turns anybody away. And many of the people who come to Mono Mano or come to their mobile food distribution site, they're white and they are always served with grace and with dignity. And yet, we are not treating these people the same way. So, I appreciate what has been incorporated into the draft emergency order. Thank you very much. Um, however, I think it's a great starting point. I do think there are opportunities to put some more teeth into it. And I really hope that you all will consider the suggestions that are being made this evening and that you will adopt and approve this emergency order this evening. First and foremost, please establish an emergency fund to assist members of the community who have been harmed by ICE. Uh they have had smashed car windows, loss of income, they're incurring legal fees. The funding parameters can be worked out later working closely with the advocate

community just as is happening in other organizations and in other cities. and then you can bring those funding programs back to the city council at a later date for consideration and approval. Please direct your lobbyists to actively advocate for legislative protections against these masked thugs, the lack of identification, and other infringements and violations of civil rights. A oneanddone statement is not enough. Your lobbyist needs to do it on a regular basis and report back. Please make that happen. Please direct the police department to respond to 911 calls for assaults and forcible detentions. One, it deters imposters and bounty hunters. And I don't care what anybody says because they exist out there and it's documented and well known. It'll defer it. Their bodywn camera footage will actually be very helpful. And yes, they should be able to ask for identification. That's not interfering. That's just verifying that these assaults and this what is happening in this town is actually being perpetrated by the federal government. You should be able to verify that. Please have your police department pull over cars that are driving around without license plates or license plates that have been changed so that we know who's driving those vehicles. That's not interfering. Please do what you need to do to help protect the community. Thank you. [applause] I believe it's Kim and Julie R. It is. I'm Kim. I'm from Ward 4. And I was truly amazed when I realized I agreed with counselor Gwyn and Matthews last week. This was a first for me. They both voted against an emergency declaration because it wouldn't do anything. And I I agree this proposed declaration really doesn't. Knowing that this draft doesn't do enough is a necessary first step to crafting a

declaration that will actually benefit the people most impacted by the near daily abductions taking place here. Last week when councelor Nordike looked at other declaration, it seemed she selected the one most likely to gain support from this council, the one that did not provide any monetary commitments. She chose Hillsboro as an example. What went unan said was that Hillsboro had already designated emergency assistance funding to help impacted families. They had previously pledged 200,000 in emergency funding. So it was not included in their declaration and they had in grant pledged 200,000 in community grants. That same day, Washington County also declared a state of emergency and designated additional funds to provide assistance. A few weeks ago, the city of Woodburn also declared an emergency and also set aside funds to provide financial assistance to support their communities. What could all of these other counselors have known that our counselors still need to learn? That Hillsboro and Woodburn have chosen to provide financial support to help offset the negative financial impacts on families and businesses is instructive. I strongly urge this council to do the same now and adopt an emergency declaration which will provide a minimum of 300,000 in emergency assistance funding. There is, of course, much more than a meaningful emergency declaration can do to help our community. I ask that the council design and adopt a revised and corrected declaration to include the 300,000 in emergency assistance funding and include the many other critical

actions that were outlined in the draft resolution submitted by Latino Cenitore prior to last meeting. Thank you, [applause]

Julie R and Chris MJ. My name is Julie and I live in Ward 1. I am an educator in the city and I am here because the ICE abdu abductions are negatively impacting my students. It was just reported that the attendance rate at Salem Kaiser has yet to reach the levels prior to CO and we will not get there if ICE is allowed to terrorize our families. The biggest worry children should have on the way to school, if they're able to get there because they're so scared, is that if they remember their homework, they should not be scared that they or their parents are going to get snatched away. These abductions are also affect students performance. One variable in student academic scores is the community that they live in. What kind of community are we if we allow students to be terrified their whole day? No one can function like that, especially not children. Not children learning their numbers, not turn children learning fractions, not students intrigue, no child at all. Salem and you all must do better for the children of the city. I am here in support of Luca's demands. Demand that Marian County drop their lawsuit that challenges our san sanctuary law. Also, that local law enforcement must end the use of undercover cars and Salem police must enforce criminal and traffic laws against ICE agents. If the police and the city want any shred of confidence that the children in the city feel that the police are here to actually protect them and their families, Salem police must agree to these demands. The kids see what's happening. They see the videos of ICE agents with the words police on their vests. What they don't see is any cop car showing up to help the person being taken. With your inaction or indifference, how can students and kids tell cops apart from mice? Is there even a difference? All federal and immigrant agents must fully identify themselves at our schools. Employees must have a photo ID. Why? Because it shows people in the building who we are. It shows students that we have been vetted to even be in their space. Even students have to have a school photo ID to show that they are there and who they are. An ID with a picture to match is the bare minimum in keeping a safe community. $300,000 in funds in emergency for

impacted families must also be implemented. I am obviously the color of someone who could get detained by ICE. Even with my professional degrees and access I have because of that I would struggle to even be able to pay for a lawyer. So imagine families who don't have the resources like myself. You must agree to these demands and add these to your resolution for the students and their families in Salem. [applause] Chris MJ and Sir MJ.

Uh, my name is Christopher and tonight I'm speaking not just for myself but for my entire community.

Christopher, I'm sorry to interrupt. I just want to make sure you get all your time. Go ahead. Uh uh my name is Christopher and tonight I'm speaking not just for myself but for my entire community that has that is done being scared, done being ignored and done being treated as disposable. I'm here today as a young person who is angry about what's taking place in my own city. My neighbors, my friends, and the people I love are being taken by immigration agents. Families are being torn apart about torn apart in silence. Children are coming home to empty bedrooms and uninserted phones. And far too many people have decided to look away as if any of this is normal. Let me be absolutely clear. This isn't normal. It's traumatizing and it's unacceptable. And it's happening on your watch. I'm here to share a reality check about fear. A fear that is sunk into our homes, our schools, our streets. A fear that shadows us every day because people we love are can be taken away at any moment without warning, humanity, or accountability. And while our community is living through crisis, we are here fighting for the bare minimum. $300,000. Let's be honest, it's not a luxury. It's not a favor. It's the minimum investment a city should be willing to make to the people living in it under constant threat. The money means legal advocates for that keep families together, mental health support for traumatized youth, emergency resources for those displaced and community programs that help us survive instability created by raids like Mono Mano Loose and Centro. And the most painful part that you should all heavily that should weigh heavily on all of you decision makers is that in this room how many of you have normalized this crisis? People shrug. Officials avoid eye contact. Systems keep moving like nothing is wrong. But something is wrong. It is wrong to let families disappear. It's wrong to ignore trauma. And it's wrong to claim that the city cares about its people while doing

the least for those most at risk. So tonight, I'm not just asking. I'm demanding that you act. That you invest this in the safety and dignity of the people you claim to represent. That you stop treating our suffering as background noise. We deserve protection. We deserve resources. We deserve to live without fear and we will not stop showing up, speaking out, and fighting back until our community receives nothing less than the respect, support, and humanity it is owed. [applause]

Sir MJ and Cynthia R. Uh, my name is sir. I live in W 6 and I am a student in the Salem Kaiser School District. I'm here again tonight just one week after I last stood here. Why? Because I care about my commun community. Every single day as I walk past those hallways, I hear my classmates talk about immigration enforcement, about whether ICE might show up in our neighborhoods, in our schools, or at home, and about whether their families will still be together when they get home from school. This is our daily life, and it's exhausting. And so, I have to ask, how can it be that this crisis is so real for us, but so easy to overlook here? Last week, both counselor Matthew and counselor Gwen voted against the emergency fund and also against declaring Salem in a sanctuary state. For students like me, that vote felt like a message. A message that our safety, our mental health, our futures, and our families are not worth protecting. Why do I do you not care what this fear is doing to us? do not understand what it means for a young person to wonder every day whether their family will be turn torn apart. This fear affects how we learn. It affects whether we can concentrate, whether we feel safe showing up to school and whether we can imagine a future here. When students have to carry this level of anxiety, it becomes nearly impossible to grow, to thrive, or to learn. We are in a crisis uh crisis and a crisis requires action, not delays, not excuses, and not votes that leave families unprotected. That is why I am asking once again for this council to take a real measurable

step, allocate at least 300,000 from the city budget to the emergency fund. We are declaring this is about keeping families together. This is about ensuring students can show up to school without fear hanging over them. This is about protecting the people who make the city whole. Students cannot succeed in constant fear. Families cannot participate in community life if they worry every day about being separated. If we truly want a safer, healthier Salem, then we must invest in the people who are most at risk. We need action. We need protection. And we need it now. [applause] Cynthia R and Felix May in 2025. So far, there have been over 20 migrants who have died in ICE custody. And these are just the cases that we have that have been made public to us. But just imagine the cases that we don't know about throughout the years. The people that get shot at the border. The people that get buried in unmarked graves. The detainees that are rushed to the hospital and die there alone. If I share the stories of those who have been murdered at the hands of ICE and show you their faces, I would need more than these three minutes so you could look into their eyes. Some were forced to take their own lives due to unimaginable circumstances. Others were murdered due to medical neglect and other chronic conditions. But something that they all have in common is that all these deaths were preventable. ICE is trained to kill. It is a machine that runs on the complete exploitation and misery of migrants. It runs on the

bloodshed of migrants and operates to make the rich richer. It is a business of death. ICE has blood on their hands. They are violent and their existence means that people die. ICE detention center prisons are death chambers where people face psychological warfare. They are starved. They are beaten. They are sexually assaulted. The community knows that this has been happening for years. The entire country does. So why don't you? There is no AI video or online public statement approved by PR or city managers that can sugarcoat this reality and the inhumanity that is currently going on. As a city council, you have an obligation to know this and take action. There are no excuses to being ignorant in times like these. And there are no excuses to being a coward. There is too much at stake. There are lives at stake. Everyone in this room has a duty to fight against this. And if you cower away from simply speaking up, it means more people will die. And like ICE, you too will have blood on your hands. But honestly, your silence has reflected that you already do. Reports show that in November and October, there were 633 people in Oregon that were kidnapped by ICE. And none of you had anything to say. None of you cared to take action. Ignoring our community members being kidnapped as elected officials is directly breeding fascism into the city. That is what your political legacy will be. This is not something to negotiate about or comprom compromise on. We demand that you declare a state of emergency in Salem. And we demand that you all step up and do everything in your power to keep immigrant families safe and demand you that you invest $300,000 in emergency funds to affected

families in our cities. We are not just our labor. You need to begin valuing migrant families as human beings because if you don't, people will continue to die. [applause] Felix May and Ashley Cervantes. Hi, my name is Felix. I live in W 7. Um, Mayor Julie Hoy, I recently learned that you went on a mission trip many years ago to Waka, Mexico. You have a song on a Christian music album from the year 2005 that includes English and Spanish lyrics. Because of this, I think you might consider yourself an ally to the Latino community. I would like for you to consider what that means. When you are in a position of power and a group asks for your help, what would an ally do? What should you do when a group is pleading for you to see them and for you to hear their concerns? City councilors, I hope you are able to hear Latinos Unitore's demands and honor them, particularly the use of $300,000 of City of Salem emergency funds to support families impacted by ICE. Councelor Nordike, please amend the state of emergency motion and add those funds. There are people who can there there are people who will say that cops choose their job because they want to push people around. I hear time and time again from police officers and city council members that this isn't the case. They're there to serve and protect our community. They chose this career to help others and to fight bad guys. Okay, but the bad guys are here terrorizing people and all of a sudden that's not in their job description. Being undocumented in this country is a civil offense. not a criminal one. Another civil offense is jaywalking. If men in masks with guns were scooping up every Chamber of Commerce member who we suspect has jay-walked, I can guarantee that the Salem Police Department would be doing something about it. [applause] Why is it that when black and brown people are being kidnapped and go missing in custody, that apparently

isn't a problem for our local law enforcement? Is their do job just harassing unhoused people? I would love to have faith in our local law enforcement and I would love for them to rise to this unprecedented occasion and keep our neighbors safe. Otherwise, my concern is and will continue to be that they are afraid to arrest their peers who moonlight as federal secret police. If this is not the case, then prove it. Arrest ICE agents. They are breaking the law. And I think that everyone here should say thank you to to Latinos and you need I'm sorry I can't talk. I think everyone here should say thank you to Latinos Unitore for coming here and for having to hear insane racist old white people and to try to get you guys to treat them like people. That is ridiculous. Their labor, their emotional labor that they've had to do for this is ridiculous. Fix it. [applause] Ashley Ashley Cervantes and Jonas Hello. Uh, my name is Ashley Sarvantes and I live in a part of Salem that is unincorporated. Um, and so unrepresented. Um, but I work in zone 3. Uh, I'm here again to just like last week uh to support my community and help emphasize the needs of its members. We are at an historic juncture and you are not alone when it comes to the city's response. Uh your community is strong and intelligent. They have your back and are giving you the answers. You need only but act. Listen to Latinos Unidos and act. dedicate the $300,000 minimum revenue guarantee for commercial

airlines to a legal fund for those impacted by the horrific actions of the so-called immigrations and custom enforcement. Declare a state of emergency and demand that Marian County drop its lawsuit against our sanctuary laws. [applause] Jonas and I believe it's Mary Moy Orthos to good evening to everyone. My name is Honas and I live in unincorporated Salem. I would like to begin by answering a few FAQs regarding immigration. One, why don't they come over the right way? When the US won the Mexican-American War, they annexed 50% of what used to be Mexico and made it into one quarter of the US land mass. Surprise, it was full of Mexicans. We were here first. Two, who here knows someone who employs undocumented workers? This is a loaded question as things happen whether we know it or not. Corporations such as Norpack, Walmart, Kroger's, and JB Lawn are well known to hire undocumented workers. Ask any large farm who they employ. I would know I used to be a field worker as a kid. If you don't know these things to be true, then you are either ignorant through incompetence or ignorant due to malice. Now that that's settled, counselors, I am here today to urgently advise you to adopt the resolution regarding the declaration of emergency in Salem. Furthermore, the city should reallocate the money reserved for attracting a commercial airline that the majority of Salem doesn't want and won't use and invested into a legal defense fund to help those racially profiled by ICE. on October an October article of ProPublica researched how many US citizens were abducted by ICE. They wrote, quote, "We found more than 170 such incidents during the first nine months of President Donald Trump's

second administration. Among the citizens detained are nearly 20 children, including two with cancer." Children with cancer. My favorite part of the Bible is where Jesus said, "Fuck them, kids. They should have come the right way." Speaking of our children, on November 21st, ICE was recorded breaking a car window to abduct an illegal quotes. Despite the high school senior saying, "I'm a US citizen," the ICE agent said on camera, "I don't care. I don't care. They don't care." It should be painfully and tragically obvious that this administration's agenda towards immigrations is terror and othering. This is why I urge city council to declare a state of emergency, allocate 300k to legal defense fund, and pursue all legal methods to demand that Marian County drop its lawsuit against our sanctuary laws. Thank you. [applause]

Mary Moy Orthos, I believe. Close.

That's all right. [laughter] Um, since I was in kindergarten, teachers haven't said my name right. So, um, I'm Marjorie Mobly Ortis. I'm, um, live in Ward 8 in West Salem. I didn't decide to speak till I got here, so I'm not nearly as eloquent as the young people here or some of the other speakers. I am a fifth generation Oregonian on one side. I'm a retired North Salem High School teacher. I'm an elder in my church and a Salem resident for over 40 years. I have experienced privilege due to colonization. Thus, my family got lots of land for free. And because I'm white, as a parent of our daughter who we adopted from Guatemala, I have learned a lot about what it's like to be a Latina. And face discrimination. She's a citizen. She faces discrimination. When we adopted her, we had no idea what we were bringing her into. This is not the Salem I dreamed for my daughter. I want our city to be a safe place where she can walk, drive, shop, go to church without being targeted because of her ethnicity.

I'm deeply disturbed by what is being done by ICE to our community members terrorizing humans by masked agents who break windows. Please support the emergency declaration. Please add the money We need to do whatever we can to slow ICE down and be a united, powerful, peaceful po force to stop them from their illegal actions. When any of us is not given due process and respect, we are all in danger. Jesus asks us to love our neighbor as ourselves. You can show that love by passing the declaration. [applause] We have one person who signed up online but maybe here. Martha Vilovos. No. Okay. And she's not online. All right. We're moving on to item 5A. Councelor Nishioa.

I move to adopt resolution number 2025-33 declaring and uh an emergency re uh and emergency related to the impacts of federal immigration enforcement. Second. We have a motion by Nishioa, second by Nordike. Councelor to your motion.

Uh thank you Mayor Hoy. Um, I think we have all heard a great deal of testimony and again thank you all uh for coming forward and presenting your information. Um, I also appreciate those that have left. Um, we also received uh written testimony uh this week and last week. So again, thank you for all of that. I know that this is difficult for all of us and it is not easy for us as we sit in this chamber trying to figure out how we can help and what we are able to do. I know that this has impact me personally. Um, I will add that my husband is American Japanese. His family were interned during the war. So, I know that we have a history of similar activities and I'm sorry if I'm going to cry. So, this is not something that's new to this country. It's something that has been ongoing and I do feel we need to find ways to help those that are bombarded by this activity. This is just the beginning and I don't know if we'll have other opportunities. Um, so again, I just wanted to express my sincere regret and concern and sorrow that this country likes to find ways to cause fear and that fear continues to divide us. Thank you. [applause]

Anyone else? Councelor Nordic.

Yes, absolutely. So, I'd like to know what this council's appetite is for doing more. And I've heard a lot of hesitation about even taking this step, which concerned me that this council wasn't ready to take any steps. So, I want to hear from you folks tonight. Um, I want to hear from my peers and see if you've been impacted as deeply by this testimony as I've been. And as councelor Nishioa has and that's why I brought this emergency declaration in the first place because reality is lawlessness has come to Salem and it is high time we do something about it. Now as to the resolution I do have some specific questions that I want to address. Um first of all I don't agree with the notion that this declaration is meaningless. I don't because when I look at under section five there is a lot more that we can do by simply directing our city manager to implement every single provision and there are many of those. One of them that I want to draw your attention to is section 5C. Consider implementation of legally defensible programs, policies, and resources that protect and support employees and the community in the face of harm and terror caused by ISIS actions. So when you think consider what might be up for consideration as part of that, there's a lot there. And one of those things would be working with the attorney general of the state of Oregon. We know that the attorney general and three, just three of our elected district attorneys in the state have called out the Department of Homeland Security and saying that you are violating our laws. You are using

excessive force and your own agents are testifying to that in court. be the fact I am well aware of the fact that there's a little thing called the supremacy clause which means that we can't supersede federal law and that if a federal officer is conducting activities within the course and scope of what an official can do reasonably within their course and scope then they are immune from prosecution from our local prosecutor. I know that a lot of people know that and if you read the legal memo it says that too. You don't have to go to law school. You can just read the legal memo. But there is nothing that prohibits us from reporting and referring what we see on the ground to the attorney general's office to pursue in federal court. [applause] I know that we have the ability to use our body camera footage from our officers and share it with the attorney general, share it with the whole free world for that matter because I read I took some notes based on a lot of the incredible testimony tonight uh talking about passing on important and accurate information talking about how we're not talking to our communities of color. That needs to change ASAP. And one of the things that we can do, and I'll refer you back to the attorney general's letter, uh, quote, "The Oregon Attorney General intends to investigate any case where it appears a federal officer is engaging in conduct beyond the reasonable scope of their duties. breaking windows and ripping 17 year olds out of their schools is beyond the scope of their duties. Any such

investigations revealing, going back to it, any such investigations revealing criminal conduct by individual federal officers will be referred to the district attorney for evaluation for prosecution. The supremacy clause only affords immunity to federal officers from criminal prosecution in the reasonable discharge of their duties and not beyond. In other words, ICE is not above the law. [applause] So, what we are being told is that ICE is not telling Salem PD where they're going to be. And so a lot of times our officers find out after the fact, but in the event that our officers do happen to witness ICE activity, they need to turn on their body cameras and record those experiences and pass that footage along to the Oregon Attorney's General Office to build their case. We can and we should be doing that. We should be referring all claims of federal of wrongdoing by ICE officials to the United States Attorney's Office and they they do have the power and the resources and the duty to prosecute federal crimes. There is a path. It is within our declaration of emergency. We need to pass this declaration because one of the many things we can do is to create a policy that tells our officers what to do when they see ICE out of control, stealing children, taking our workers, taking our residents, and violating the due process rights of persons. Doesn't matter if it's residents or not. And again, uh I'm all I'm doing, folks, is just cribbing some highlights of the testimony tonight. So, thank you. Um, there, you know, I mean, I I really

value the the public testimony on these issues because there are a lot of sectors of our community that feel gas lit. They're told all the time, that they're not seeing what they're seeing, that their feelings don't matter, and that they shouldn't be heard. Uh we heard one gentleman testify tonight that only the evil people are being detained. But there are children who are being detained. Children with cancer according to one of our testimonials tonight. Are they evil? Is this who he means? Because of course if you vilify the people are being detained, then they don't matter. If you say they're all rapists and violent criminals, then some people are willing to look the other way and ignore their rights. By the way, everyone, including persons accused of crime, have rights. In any event, I feel that there is more that we can do tonight, but what we need to do is look very closely at this declaration. And I really want to commend the city manager for looking into this. And that is just section 5C and that is just for what our police officers can do. I also want to refer folks to the fact that we desperately need the city to use its staff time and its resources and its venues like this one to conduct know your rights trainings. That is spending city money. I promise you that all the city staff here tonight that is not free. The use of this space is not free. So that is a start. But I need to understand what my colleagues's appetite is to do more based on the testimony tonight. Um, I also feel that it's really important that folks understand that we've heard a lot of talk about the importance of having protection of our school campuses. I just want you to know, talk to your school board about

that. We don't control school campuses. We don't control our bus system. We don't control Marian County. And we don't have standing for the Marian County suit. But I do urge you, we're not the only game in town. You should be talking to every elected body in this area and that includes the city of Kaiser, that includes the Marian County, that includes the Salem Kaiser School Board. You need to get uh what's the term? Have your uh go on tour and share your stories. Unfortunately, you're going to have to do it over and over again because in my experience, it takes multiple times for the truth to sink in. I really want to applaud all the students who had to leave because it's a school night and I remember hearing another great piece of testimony tonight. When you we were asked when you went to school, did you have to worry about this? No, I did not. I can assure you. And I went to Sam Kaiser public schools. I never lost an a minute of sleep over that because that it didn't impact me personally. But I've often said it shouldn't have to happen to you for it to matter to you. So I think that's what a lot of our residents here tonight were saying. So of course I'm in favor of the declaration and of course I'm in favor of doing more. Uh, and the reason why I wanted to make sure I spoke up early is that this is my final pitch to you, my peers, to persuade you to do everything we can because our community members are hurting and they are at risk of being hurt more. Thank you, [applause]

Councelor Brown. Thank you. Um, councelor Nordike, thank you. And the first question, I think it was, what is my appetite? Um, I will repeat something I said last week. Um, this is not normal. And, uh, as a person of color and as an elected official, I do believe that we can do more. So, I have an appetite for it. Um my struggle is this and uh in any moment that I say something that sounds contradictory to um our local law enforcement, I'm definitely going to ask either chief or assistant chief ditto say something. If I muddy the waters, would you please just come up and just clear up clear it for us if I say something that's wrong? So um yes to the appetite. I think my struggle is one uh the finances because I've heard that plea tonight and one of the things that we have to ask ourselves is where are we going to get those funds? Like what pot of money is it going to come out of? Uh I'm not sure what pot that would be. And I think the CFO is in the house. Yep. He's right over there. He's probably thinking like Dr. Brown, please do not call on me. Um but I think that's important. I think it's important for this group of body to understand when it comes to finances because all of us up here may have an appetite and we want to fight this but right behind the appetite we got to have the funds and would you mind coming forward CFO to kind of share with us?

I can I can city manager will. Oh thank you councelor. Um yeah so at this time uh the city does not have any dedicated fund source to support a program for this purpose. When you look at other cities like city of Hillsboro um they have um funds dedicated to social service programs and the city has uh the city discontinued um this funding model like a few years ago. We used to have um funds dedicated to that but we don't have that anymore. Um so at this point u it has to come out of general fund.

Thank you. So I want us to to hear that uh there was a pot of money at one time. Those services are no longer and for anyone in this particular space watching us here or even at home. We also know that we have a general fund that is consistently uh under threat of being depleted weekly. So, there's a concern there and I do not have the answer for that. One of the things that I said last week uh and I will say it again and one of our elected officials were here tonight. It does not just simply sit on the shoulders of the individuals that are up here. Uh Senator Patterson was here. Uh she spoke as a citizen. Uh we still have several other elected officials um that have yet to enter into these chambers to really say where do they stand uh whether that's Rep. Manx, whether that's Anderson, whether that's Evans, whether that's I can go down the line and you still have county commissioners that can also voice their concern. You probably already know where some of them will stand. And then the last one, of course, as I said this before, it is having Madame Governor at this table. Uh because one of my ask is going to be this. If the city uh council Nordke, if the city doesn't have the funds and we can't move it from someplace else, then the next best place that I know where we can get the funds is going to come from the governor. And she's the only one that's going to be able to say yay or nay. And even that that will not happen immediately. And speaking as a policy adviser, I can tell you that's not easy. And so we have to ask ourselves with the folks we have elected into these positions what it is we can and cannot do. So I'll put that to the side. Here is something that is really concerning to me. A couple nights ago, I was

hanging out with some business owners in Northeast Salem, and their concern was they were looking for just some folks that can come and stand in the fray with them if by any reason ICE was going to show up. For example, if I got a phone call and they said, "Hey, Dr. Brown, there's some unidentified vehicles here. They're at our restaurant. What can you do?" If I go

Thank you. But let me finish. One of the one of the concerns that as a citizen, if you are in the vicinity of a federal officer who's doing their work by us interrupting the work that they're doing, whether that means defending a child or a parent or even someone in the school, I need to know what is going to happen to that person, including myself if I stand in the gap wanting to protect

Chief Chief Omac when it comes would you mind coming to the front please? Thank you, Chief. I'm doing my best to thread this needle for a long time.

For a long time. So, in a situation uh that I just mentioned, someone calls looking for help. They're looking for someone to stand in the gap to say, "Hey, my family's being um interrupted. They're trying to arrest and take us away. I show up. Can you walk me through the possible scenario? what could happen to me right policies and procedures necessarily um but you can't interfere with a federal officer that's doing their job so you'd be subject to arrest and that's what I knew also I just wanted everyone to hear the possibility of that there's a possibility

there is a possibility because it is moving into the realm of hypotheticals so thank you yeah but they haven't identified Are

you finished? Council Ben. No, not yet. Madame Mayor, I as I said last week, um I do see that this is um an issue that I'm not exactly sure how we're going to fix. I yield the floor. Anyone else?

Councelor Vney.

Okay, thank you. Um, I just wanted to say thank you uh uh to everyone for their comments. I wanted to say yes, I have an appetite for doing more. The problem is uh obviously the funding. One thing um that section five does not include is an estimate of the costs and materials to implement the activities, the actions um that we've decided that through this resolution or that is included in this resolution. Um, so I need to know how much we're already committing ourselves to. I appreciate all the hours uh staff has already put into um drafting this resolution in section five. It it doesn't mean that we can't establish some sort of a fund at a later date. Another option could be we may be able to create a fund to accept specific donations. Um what I'm saying is I don't think the conversation regarding a fund ends with this this evening. I think it's something we could uh consider to do. Anyway, um that's what I wanted to say. Thank you,

Councelor Bang.

Uh, thank you, Mayor. Uh, councelor Nordic, to answer your first question, uh, yes, there is, uh, an appetite, especially from me. Um, I noted last time that ice activity continues to increase in Northeast Salem and, um, that is where our BIPO community calls home. that is where our Latino uh community uh lives and that is where I live and so I take my responsibility to care for my ward seriously and so that appetite is there. I also think this emergency declaration um allows us on council to be able to get creative to work with our community partners to follow through not only on words to be symbolic but also action. Um, I've heard testimony tonight that our immigrant community doesn't feel like they are part of this conversation and I wholeheartedly agree that needs to change. Um, they are one source that and one group that um, we can partner with to move forward with our solution. Um, we also have our nonprofit community that work with our communities um, who are in danger and who are affected um, at their day-to-day level. I also think this is an opportunity to continue to work with our community partners. And tonight, we also heard statistics that Salem's economic activity growth shot up by 6.6%. Only second to Bend. And that is um a demonstration of just how much our business community thrives when we have our workers in our community regardless of their immigration status. And so I think that uh this emergency declaration also allows us to get creative with who we partner with. And I would uh urge my

business community, our business community, Salem's business community to also be part of this conversation because it is not just solely on the city. It is not just solely on our immigration um our immigrant community or our nonprofit community. It takes a whole partnership to do that. And our city has shown that we have been able to partner in the past to ensure that our city is able to continue to provide critical services like our libraries, like our parks, like um [snorts] our center 50 plus. So I would love for that same partnership to come through for this emergency declaration and for this issue facing our city. Thank you, Councelor Nishioa.

Thank you. I am just first off, I do want to again thank both um our city manager and city attorney. This was a fast turnaround. Um, people may not realize how much work goes into creating um, reports for us and having all of the work done in a timely fashion that's required for our uh, public meeting. So again, thank you very much. I feel like you've presented great information. Um, I just have a couple little things that I wanted to add. Um, one is that there is no mention of those seeking asylum. Um, I'd like to add that uh to section two because those are people also that um need support. And the um and section and section or recital five um F um I would consider changing from periodic reports to at least quarterly reports. These are just minor things so that we can stay on top of it. Um, so and and I um I think that again you're going to you're witnessing that this council is struggling with the financial aspect. Uh and and so I would even add that maybe we could look to see if there were possible fundings, grants, private donations that we could then utilize. So these are all things that are at least a step forward and so something that I'm considering having an amendment to. [snorts] Thank you.

Anyone else councelor Matthews?

Um [clears throat] for me it's kind of just a mimic of last week for my comments. This does not limit, prohibit, stop, reduce ICE. It gives a false sense of security if anything, and there shouldn't be. You shouldn't feel a false or false insecurity. It's it's a disservice. And so, I'll be voting against it. I think it will have the profound opposite effect, which will be an increased ICE presence. I think we've seen it in other communities. And um at the end of the day, I think this is a And so at the end of the day, I won't be voting for this um because I think it for the symbolic nature of it, it does the opposite and hurts the people that it's trying to protect.

Councelor Tyen.

Thank you, Madame Mayor. Let me fix my speaker here quick. I want to thank uh Councelor Nordike for asking a very specific question. Um, and I will be supporting this emergency declaration this evening. Um, I believe that the act actions, the activities that we're seeing from the Trump administration and from ICE are a pretty brazen threat to the constitutional order uh to really basic constitutional protections that are extended to every person within our borders under the 14th amendment regardless of their citizenship status. And to me, that's what the emergency is at its heart is that um though we can't stop ICE as a city, um though you can't uh stop ICE without as the chief said um coming into some sort of legal trouble for doing so. Um, we are at a in case of emergency break glass moment and I do believe that cities across the country um have the opportunity through symbolic actions like this at the top line that we're declaring an emergency uh to say we don't accept that this is the way to address the issue. Even if someone will say this is why this person was elected or this person uh campaigned on this that we didn't campaign and nor can one person decide to set aside the constitutional order even to fulfill a campaign promise. And so to me that's the heart of the emergency that we're

dealing with right now. Um, when we look at it very locally to Salem, I will say the same things I said when um, the president decided not to extend SNAP benefits during the shutdown. Uh, his callous indifference to people is heart-wrenching and yet we don't have the ability to make up for the immense resources of the federal government. And as other counselors have said, I think we need to work this issue more in order to understand what kind of um costs are reasonable for us to uh cover whether it's training, use of facilities, as councelor Nordike said um before we make a commitment to a dollar amount. I very much appreciate the testimony we've heard for the last two weeks. Um, I did I but I'm and I'm ready to vote for this declaration and continue to work the issue. Thank you.

Anyone else? Councelor Nisha. Um, maybe we should make a motion to go to 10:30. I have a motion. Do I have a second? Second motion by Nishioa, second by Gwyn. All in favor? Any opposed? Okay. Thank you, Councelor Brown. Thanks, Madam Mayor. I didn't want to talk again before if Councelor Gwin wanted to say something. I didn't want to feel like I was taking her air time. You good? I

I'm good. Okay. And I I do want to follow something councelor Tyan said earlier. Um and and I'll say this again and I said it last week and I said it months ago. Regardless of what we do tonight and regardless of how this council will be unified, even we split on it, the concern is still out there. the concern, the threat, the danger uh to foam to families being broken apart and folks, you know, snatched in the middle of the night. That's the language that I'm using. Um and night just doesn't mean it's a part of the day. It just happens without even us knowing. That is very troublesome. It's very troublesome when folks, for whatever reason, uh feel like they can take families apart simply because of how they look. And I can say that as a black man, that is alarming and that is um and it's sobering at the same time. And and let me go on to say that um I'm not surprised this is happening. I am not surprised because there are some people who voted for this and I'll say it loud and clear. you get what you voted for. Now, at the end of the day, that does not mean that we all of a sudden have families torn apart, Council Nordai. It doesn't mean that at all. It means that we have to find a way to keep families together, even though some folks are happy that this is happening. That's the part. And so I would agree there's a lot more work that we have to do whether it's with this body or whether it's working with our state legislators or whether it's working with Madame Governor. It's an ongoing conversation. But the part

that breaks my heart even as we continue to do the work and do what we can. There is no guarantee that ICE is not going to take some a family away tomorrow, tonight. Who knows? There's no guarantee. and and I even sitting here I had a business owner share with me video because their family video what was happening on their property and I want you to know that this is happening in real time and there feels like for me that there's very little I can do but I want you to know I stand in solidarity with you. I yield the floor. [applause]

Anyone else? Councelor Nordic.

Thank you. Just a couple other things that I want to call out that are in the declaration I don't think have really been touched on tonight. But this declaration, if passed, would also call on members of Congress to enact legislation to protect our immigrant and other vulnerable communities from the unlawful and unnecessary actions taken by federal agents in the name of immigration enforcement, such as imposing a mask ban or imposing identification requirements. that is in this declaration and I'm glad that it's in there. We've heard the testimony from a lot of people. Part of the fear is the fact that these people are in mass that you don't know who they are. You don't know if they're actual federal employees. All of our Salem police officers, they have a badge number. We don't know who these people are or who's being taken. And so our declaration goes beyond symbolism and calls for legislative action. And it also calls on all elected officials in our area to publicly denounce these unconstitutional actions and to demand oversight and transparency from immigration enforcement agencies and work to ensure the rights of all individuals regardless of immigration status are fully protected under the constitution. What I take that to mean is that we need to tell our legislature we don't want a patchwork quilt of some cities caring and some not. some counties caring and some not. We need a statewide approach to addressing ICE because ICE is everywhere. They're in the big cities. They're in the small towns. They're in unincorporated Salem. They're everywhere. That's the point. And so I don't want this to depend on which councils or commissions or school boards are moved by testimony. I want there to be a statewide approach to this and I

will gladly go to the legislature to help advocate for that. And as a member of the city's legislative committee, I will gladly advocate for that, too.

Councelor Brown, did you have something to add or

No. Anyone else? Councilwin, I just want to say that my opinion from last week has not changed. Um, I will and I appreciate the the testimony. It's not that I think that what the federal government or ICE is doing is okay. I just don't think like um councelor Nordike just said this calls on elected officials to to demand that Oregon comes together. We can't this declaration it does solidify that we're a sanctuary city. We're already a sanctuary city. Um, this declaration just doesn't do what I think you all want it to do. So,

and I didn't interrupt you guys when you were speaking. I listened for hours. Anything further, Councelor Nishoka? Yes. Um, uh, city attorney, do I read the amended motion or do I is it a substitute motion or do I just read the whole thing with the amendments? So, I believe we've already got a motion on the floor. If you'd like to make amendments to that motion, now would be the time.

Thank you. Um, I move that the city council adopt resolution number 2025-33 declaring an emergency related to the impacts of federal immigration enforcement with the following amendments in the second recital after lawful permanent residents. Uh, insert asylum seekers. Amend section 5F to require quarterly reports to the council rather than periodic uh periodic reports and direct staff to return to council with information on any state, federal, or philanthropic grant funding available to support the program's training and community outreach and coordinating efforts identified in this resolution.

Second. We have a motion and a second by Tyen. Councelor, anything further to your motion? I have nothing further. Anyone else? Madame Mayor, can I just clarify that by voting I on this, we're passing the entire declaration as opposed to just amending it and then to take another vote. Just want to do a procedural check. So procedurally, you're going to vote on the amendment first or amendments. It's all as one motion. So you'll vote on the amendments first and then you'll v vote on the main motion as amended. Two votes. Thank you.

Okay. Does anyone have any discussion? I would just like to say that I am not in favor of the motion because it just doesn't do enough.

Anything further? Will the city recorder please call the role? Councelor Brown. I. Councelor Bang. I. Councelor Nordike. I. Councelor Vney. I. Councelor Tyen. I. Councelor Nishioa. I. Councelor Matthews. Nay. Councelor Gwyn. Nay. Mayor Julie Hoy. Nay. So should I read the original motion again?

You do not need to read it. So the main motion has been amended as the amendments you indicated. So now you can vote on the main motion as amended. Okay. Will the recorder please call the role? Councelor Bain. I. Councelor Nordike. Councelor Vney I. Councelor Tyen I. Councelor Nishoka I. Councelor Matthews. Nay. Councelor Gwen. Nay. Councelor Brown. I. Mayor Julie Hoy.

Nay. Motion passes. And we are moving on to item 7.2A. [applause]

I'm [applause] I move [applause] I move I move in gross ordinance bill number 4-25 amending SRC chapter 38 to modify the objection procedures for transient lodging operators to allow operator objections based on their number of available rooms instead of one objection per operator and conduct second reading of the ordinance as engrossed. Second. We have a motion and a second by Gwyn.

Can I take a moment to explain? Yes, please. So, so typically for second readings, you just go straight to the the ordinance reading. In this case, we are asking you to engross or amend the ordinance first. So, we're taking out the uh provision that would add short-term rental operators uh to the uh TPA. We are going to come back with a public hearing next year and we'll add them in at that point if that's council's uh desire. So, right now all we're doing is changing the uh objection procedure under the ordinance. So, city recorder,

if if there's any discussion on the motion, you can have that now. Otherwise, you can do a roll call vote and then we'll move to a second reading of the ordinance. Is there any discussion? Seeing none, will the recorder please call the role? Councelor Nordike, I. Councelor Vney, I. Councelor Tyen, I. Councelor Nishioa. I. Councelor Matthews. I. Councelor Gwen. I. Councelor Brown. I. Councelor Bang. I. Mayor Julie Hoy. I.

I will now read the title. Engrossed Ordinance Bill number 425, an ordinance relating to tourism promotion amending SRC sections 38.020, 040, and 070. Councelor Barney. Hi. Councelor Tyen. Hi. Councelor Nishioa. I. Councelor Matthews. I. Councelor Gwen. I. Councelor Brown. I. Councelor Bain. I. Councelor Nordike. I. Mayor Julie Hoy.

I. All right. We are moving on to item eight. public comment. We have one person signed up. You'll have three minutes to speak. Manny Martinez.

Good evening. My name is Mandy Martinez and I live in Ward 2. Uh, thank you all for your service. I really appreciate what you do. the more I participate in local politics, I have an increasing uh admiration and gratitude for what you do. It's a lot of work and I appreciate it. That said, I'd like to discuss the issue of decorum uh with the council. I'm wondering what exactly the rules are for this room. What are the rules of decorum? Uh last week I picked up this uh piece of paper on my way into the meeting and as far as I can tell these are the rules for what behavior is allowed or expected. I just want to read it and this has City of Salem at the top. This looks like an official document, right? So it says, "We encourage open, honest opinions shared with kindness and respect. All voices are welcome. Everyone deserves to speak and be heard regardless of viewpoint. Respectful behavior is necessary. No shouting, personal attacks, or disruptive behavior. No interruptions. Let each speaker finish without being spoken over. And after the meeting last week, I was looking at this piece of paper and I was like, is this a joke? It looks like parody. These things were being violated over and over and over again for hours. There were a couple of people that got up to speak that had an unpopular opinion and they were shouted down. They were mocked. They were ridiculed. And I saw a behavior as they were going back to their seats that was completely unacceptable. And I promise you that this is not a partisan thing. If it was a bunch of people on the right doing this to people on the left, I would take issue with it. And if it's a bunch of people on the left doing it to people on the right, I take issue with it. This is a a free speech matter. We have to be able to come here and feel free to speak

our minds no matter whether or not it's the popular opinion at the time. And the thing that I really object to is seeing our elected officials, no matter who it is, any of you counselors or the mayor, and it should be this way for future counselors and mayors, people in the audience should not be able to shout over you while you're trying to talk. Everyone gets their three minutes. That's what the rules are. You get your three minutes and then you're done. And then when you're doing your part, everyone should have to sit and listen and be respectful. We should not allow people in the audience to yell over the mayor or the city councilors or anyone else. It's just a basic sense of standards for the city. So, I'd like to offer to any of you, any of you counselors, please put a motion forward to discuss what the decorum is, what are the actual rules for what's allowed in this room and let's have a discussion about that. And then whatever it is, enforce it equally across all viewpoints. Okay? No matter what the issue is, no matter what the opinion is, everyone should have the same rights to be able to get up here and and speak freely without being harassed or shouted down. That's a good place to start to be able to start some unification here in this city. Thank you.

Thank you for your testimony. If there's nothing further, we're adjourned.