City Council Minutes - 06/09/2020 City offigard Virtual Meeting—Council and staff attended remotely
a City Council Business Meeting Minutes
June 9, 2020
STUDY SESSION 6:30
A. Council Liaison Reports
Councilor Newton reported that at the Tigard Youth Advisory Committee (TYAC) meeting
Emilio Calderon let his fellow TYAC members know he was selected to be Tigard's Youth
Councilor so they will need to conduct an election to replace him as president She asked the
TYAC members for input on what they would like to know more about so they can provide
their perspective to the Council.
Councilor Anderson reported that a Regional Water Providers Consortium general meeting
was held to discuss a budgetary element.Their proposed budget is slightly less than this
year's. Planned events did not happen due to COVID so that money will rollover into next
year.
Councilor Lueb said she attended the first Parks and Recreation Board meeting to be held in
a while and they received a great update on the Parks and Recreation Master Plan. They
previewed an interactive online survey tool that will gather feedback on where people live
and how they use the parks in their area.
Council President Goodhouse attended a few National League of Cities (NLC) meetings.
Next week will be the first virtual board and committee retreat. NLC is working hard on
making sure cities get transportation and Community Development Block Grant funding.
He attended an interesting Willamette River Water Coalition meeting and said things are
picking back up for that group.
Mayor Snider attended an Oregon Department of Transportation Region 1 Area
Commission on Transportation meeting and said work on tolling is ramping up. He noted
that what is becoming clear to he and other Washington County mayors is that while work
on tolling is moving ahead rapidly, the project costs are greater than what the tolling revenue
would generate and they are urging the Oregon Transportation Commission to figure out
how to cover the gap before implementing the tolling program.
Mayor Snider and City Manager Wine briefed Council on equity issues and the city's and
mayor's statements released last week. Mayor Snider said there is a need to take an advocacy
position on several fronts. He estimated that at least 100 emails and a few phone calls have
come in since he issued his statement. He noted that most commented on what should
change and did not give input on the process,what the community can do to move forward
or what that would look like. He said he worried about making incremental changes that do
not end up leading to major, substantial improvements
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City Manager Wine said a conversation was held after last week's Fireside Chat with the
Mayor, Police Chief McAlpine and Communications Manager Wyatt on what Council would
want to hear from staff about racial justice issues. A message went out to all staff and they
have been responding in addition to the community. The Leadership Team began a
discussion on issues that fall into four categories:
1) What we can do now is listen, and this has already begun.
2) What should the city say as an organization? We've heard questions from
staff on whether the city should update its statement on unity, for example.
3) What are actions the city can take to meet the Mayor's challenge or just to
evaluate what the city can do on the social justice front.The Diversity Equity
and Inclusion (DEI) Advisory Group focuses on making the city's services
more equitable, for example.There is a lot to be done.
4) There are systemic changes that deserve more time and build from these
other conversations and the city is not necessarily the driver of what this will
look like.
She said time has been set aside at tonight's council meeting for council to discuss their
reactions and conversations in the wake of the murder of George Floyd. One issue is what
will happen with school resource officers. She spoke with Tigard Tualatin School District
about convening a listening session to hear what students and families value about the
school resource officer program.
Council President Goodhouse noted that a lot of questions came up at the Leadership
Tigard session and the city needs to let people know what we are doing.
At 6:58 p.m. the Tigard City Council recessed until 7:30 p.m.
1. BUSINESS MEETING
A. At 7:30 p.m. Mayor Snider called the Tigard City Council meeting to order.
B. Mayor Snider asked City Recorder Krager to call the roll.
Present Absent
Youth Councilor Turley ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
C. Mayor Snider asked everyone to mute microphones and join in the Pledge of Allegiance on
their own. A flag slide was projected on the screen.
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D. Call to Council and Staff for Non-Agenda Items—None.
2. PUBLIC COMMENT
A. Follow-up to Previous Public Comment
City Manager Wine said there was public testimony submitted on the Ascension Drive
outreach and input from neighbors and she would address it in the next item.
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B. Public Comments -Written
Mayor Snider noted that eleven public comments were received for the meeting and all
related to Ascension Drive. City Manager Wine acknowledged the public comments received
and gave an update. Public Works Director Rager, City Engineer Faha and Senior Project
Engineer Enloe have been holding individual Teams meetings with residents who live along
the S curves on Ascension Drive. The goal was to meet with those who would be directly
impacted by the removal of parking, and one neighbor the city has been working with for
years on the speeding issue,which is the most common complaint along Ascension Drive.
Staff is in the process of compiling comments and the goal was to hear concerns and issues
from residents on loss of parking and also the speeding and traffic volume,which have been
longstanding complaints.
Ms. Wine said engagement consultant JLA will put together a webpage to post information
on everything the city has sent out so far on Ascension Drive and answers to some of the
questions received from all the neighbors,not just ones on the S curves.There will be an
opportunity to provide more comment through the webpage so everyone can see the
information and questions being raised. The webpage will be up by June 15 and neighbors
will be sent a link. Staff will consider comments and will put together a final decision within
a couple of weeks about the parking in the curves. And then given the number of complaints
about speeding issues, the city will be investigating additional ways to calm traffic and
control speed that are reasonable for that street. She committed to Council that the city will
remain in contact with the neighbors as the pending decision about parking issues is a few
weeks away and information about the speeding issues is about a month away.
Mayor Snider asked what staff make the final decision and City Manager Wine said the City
Engineer has the authority.
Councilor Anderson said he will wait to see results of the City Engineer's findings. Council
President Goodhouse asked for updates and that Council be briefed prior to the final
decision. He asked that the ability for phone-in public comment be available for future
Council meetings and IT Manager Nolop confirmed it would be.
Councilor Newton asked if the city was in a hurry to make a decision and noted that from
reading the correspondence,it seemed like people wanted more time to get their questions
answered. Public Works Director Rager said the city is taking the time to listen to what all
the neighbors have to say, as they are very passionate about this issue. He said the primary
concern is speeding. This is just the beginning of a dialog and they look forward to having
the interactive website in place so there can be additional back and forth conversation.
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Councilor Lueb commented that the feedback from residents who have already met with
staff showed their frustration. They felt city actions were just procedural, and a decision had
already been made. She said the city needs to emphasize they are being heard and this is not
a final decision.
C. Tigard Area Chamber of Commerce Community and Membership Engagement Manager
Love provided a brief update on Chamber activities. Reopen Ready has over 50 businesses
signed up and committed to meeting or exceeding industry standards for customer safety.
She encouraged the community to look for the Reopen Ready decals and patronize those
businesses.The City Council candidate endorsement period is open, and she encouraged
candidates to ask for endorsement from the Chamber. The Chamber has been watching
locally and nationally what has happened after the death of George Floyd and issued a
statement June 3, adding their voice to raise awareness of racial issues. It is available on
the equity page of their website. The Tigard Farmers Market is officially open for the
season and is on Tigard Street from 9-1:30 on Sundays.The Tigard Downtown Alliance has
cancelled the Art Walk and Downtown Street Fair due to the pandemic.
D. Update from Police Chief McAlpine
Mayor Snider noted that Police Chief McAlpine's report would be a lead-in to a broader
council discussion tonight on racial justice. Chief McAlpine said she normally would give her
monthly crime dashboard report at this time but given the turmoil in the country since the
murder of George Floyd by the Minneapolis police officers and the death of police officers
killed in the line of duty as a response, she requested to suspend her usual presentation to
allow her to address some of the questions heard during Mayor Snider's Facebook Live and
comments sent in by the community.
She said there is an initiative called the 8 Can't Wait project (or #8CantWait)which is a
campaign requesting eight police department policies. She showed slides comparing
#8CantWait policies to Tigard Police Department use of force policies.The slide show has
been added to the packet for this meeting.
8 Can't Wait Campaign Request Tigard Police Policy
1. Require officers to de-escalate Policy 300.3 Use of Force
situations Graham v. Connor applied. (was it reasonable
and necessary)
De-escalation tactics are a component in all
training.
2. Prohibit officers to choke or Policy 300.3.4 Carotid control hold not
strangle civilians authorized
Policy 300.1 Use of Force Purpose and Scope
Policy 300.4 Deadly Force- Carotid artery
holds were removed from the policy in
November 2018, so it was silent. A new policy
was added 6/8/2020 stating clearly that it is not
authorized.
3. Require officers to intervene and Policy 300.2.1 - Duty to Intercede and Policy
report immediate) 340.1.2 - Standards of Conduct
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Officers are required to intervene and report
to a supervisor immediately.
4. Restrict officers from shooting at Policy 300.4.1 - Prohibits it unless there are no
moving vehicles other options, or officer is facing
immediate/imminent threat to life.
5. Develop a Force Continuum No. Grabam P. Connor standards apply.
This is the "reasonable and necessary"
Standard. Oregon DPSST (Police Academy)
removed it from training around 2009. PERF
(Police Executive Research Forum) and legal
advisors recommend against using. About half
of police agencies across the country do not
use it.
G. Request officers to exhaust all other Policy 300.3.2 - Factors Used to Determine
reasonable means before resorting the Reasonableness of Force
to deadly force Policy 300.4 -Deadly Force Application
Again, Graham v Connor applied, an approach
more in line with the concept of Constitutional
Policin .
7. Require officers to give a verbal Policy 300.4 (b) -Fleeing Subject
warning Policy 309.4-Verbal and Visual Warnings
Officers are trained to give verbal warnings in
all training disciplines. The standard is to give
verbal warnings seeking compliance if time and
circumstance allow before use of force.
8. Require officers to report use of Policy 300.5.1 —Reporting the Use of Force,
force,notification to supervisor Notification to Supervisor. All uses of force
are reported and reviewed by the supervisor.
Video is taken from dash cameras. Police
Chief sees all use of force reports. Deadly
force is reported to the FBI and the State of
Oregon via the District Attorneys (SB 111 .
Police Chief McAlpine provided two recent use of force statistics:
- In 2018, of 42,000 calls Tigard Police used force less than one percent .13% (57)
- In 2019, of 38,810 calls Tigard Police used force less than one percent. 14% (55)
She reminded Council that any instance of applying a taser, even if it does not connect by
missing the target or getting caught up in clothing,is still a use of force and must be
documented.
Mayor Snider asked when all officers would receive training on the policy regarding choke
holds and Chief McAlpine said officers received the directive yesterday. It is not a change as it
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was not being used. Language about it was removed from the policy back in 2018 but putting it
back in will make it explicitly clear to the public that it is not allowed.
Youth Councilor Turley thanked the Police Department for acting quickly to put the #8CantWait
information on the website.
Councilor Lueb asked about the use of force continuum which is not recommended by the state
but is on the #8CantWait program list. Chief McAlpine said she could not speak to why the
organization that developed the #8CantWait program wants it, but in 2009 the Police Academy
in Oregon chose not to teach to it. Legal advisors say it is fraught with issues because responses
are limited and there are so many variables. She mentioned there were many studies that said
why agencies should move away from using a use of force continuum. She said Tigard Police are
trained to meet the standards of Graham v. Connor, that is, "Was the use of force necessary and
reasonable?" She said this could be discussed further but she felt they have done very well
training and teaching to the reasonable standard.
Councilor Anderson asked about tactical gear and what some would call the militarization of
police. Chief McAlpine said external vests were one of the first things she put into use when she
arrived in Tigard and this was in response to requests from officers. She said the department no
longer has riot gear and has no armored vehicles. She said they do have ballistic helmets and
shields to be used when entering small,narrow areas. Other than that, their gear is standard.
Mayor Snider added that there was a citizen concern about the color of Tigard's police cars and
uniforms being too military-like and threatening.
Councilor Newton suggested that using the accountability standard might hold an officer to a
higher standard than following the rules of a force continuum. Chief McAlpine said it is called
"objective reasonableness" and is what courts look at in excessive force complaints. City
Attorney Rihala added that is the standard and how it would be viewed in a federal lawsuit is
something that the Police Department considers.
Councilor Newton asked about the de-escalation training that was included in the Public Safety
levy and whether it would be different given recent community concerns. Chief McAlpine said
she thought there would be more scenarios and she will have more information to give to
Council on de-escalation at a later date. Mayor Snider asked if once the entire force is trained,
would there be changes to use of force policies, such as requiring de-escalation as the primary
tactic. Chief McAlpine said the outcome she expects is that officers will learn different skills and
tools to use, such as presence, tone of voice, and how to approach people reacting with different
issues such as those experiencing a mental health crisis.
Council President Goodhouse asked if those officers who have previously gone through the
training would need to be recertified. Chief McAlpine said the priority will be those that have
not had the training and then those who took it five-six years ago may need to go through it
again.
Council President Goodhouse noted that there was a Black Lives Matter march yesterday and he
commended the Chief for attending and being available to the public. Chief McAlpine said she
was invited to the march and that speaks to the level of trust that the community has in the
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Tigard Police. She added that it was good to see Council members and City Manager Wine there
as well. She noted that the walk was long enough to allow for some meaningful dialog.
E. Council Discussion—Race and justice Actions
Mayor Snider opened a discussion on racial justice and future actions the city should take. He
wanted feedback from Council on how to proceed. He said he challenged the community,
particularly people of color, to provide input on how the city should proceed to move this
important work forward. He said over 100 separate pieces of input from members from all over
the community have been received, but he was not getting responses to his question about
process. He said he did not want to be the one defining the process and asked Council for their
input.
Councilor Loch acknowledged that this conversation is difficult, and the city needs to reach out
to the community in a multitude of different ways such as surveys, interactive information on
the website or meeting outside in person once we enter Phase 2 of COVID restrictions, perhaps
at Cook Park. She said Facebook Live events are great and there is some interaction, but they
do not provide the level of interaction needed and suggested a third-party moderator. She said
there should be a separate listening session regarding school resource officers that includes the
members of the community most impacted—students and parents.
Youth Councilor Turley said she has spoken to a lot of fellow students about SROs. She
strongly encouraged listening sessions, as opinions about having more police officers in the
schools have shifted over the past few weeks. She advised making sure schools can get resources
they need, such as more mental health resources and stated that some students see that as an
alternative to having SROs.
Councilor Newton said what struck her was just how people that are black experience things.
She has been listening to people talk about not feeling safe and having to hold conversations
with their children that they feel they should not have to. She suggested inviting social justice
advocates, students, and people of color to small, socially distanced gatherings to come speak
about how our community could be better. She suggested Council reexamine priorities and goals
and consider more robust ways to encourage community involvement in those discussions as
well.
Mayor Snider said he has received questions and challenges about whether racism even exists in
Tigard. He shared a story from a young black woman graduate of Tigard High School who was
out drawing on the sidewalk with chalk, an activity that could happen in any neighborhood in
Tigard. Someone called the police. She said the police responding to the call acted professionally
but she had the experience of police being called just for drawing on the sidewalk. People deny
that things like this happen here, but they do. He added that the Tigard-Tualatin School District
had to send a strongly worded communication about flagrant use of language and extremely
inappropriate conduct mimicking the George Floyd death.Youth Councilor Turley clarified that
the emails were about social media posts mocking the death and students have taken this very
seriously and are organizing a march.
Councilor Anderson said he wholeheartedly agreed with the Mayor's statement. He said in
talking to his black friends, he hears them say they just want a level playing field. He said they
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have to jump over many hurdles just to get to the starting line. He asked if the city could help
identify and publicize employment barriers.
Council President Goodhouse commented, "You don't know what you don't know," and the
best way to figure out what is happening is to have these listening sessions. We need to find a
way to get together for a conversation that represents everyone,not just a few.
Mayor Snider said it needs to result in action and sustained, permanent change. Part of what
frustrates marginalized communities is that we have been talking about this for centuries and yet
we are still where we are now. He said, "We cannot let this moment slip by. We must be action-
oriented in a meaningful way and the results are going to be permanent change that we can
measure,with things like family wealth, education, employment...things that lead to the
American Dream."
He said his commitment was to not back down from taking action and he hoped Council was
comfortable with him holding the entire city,including the Council, staff and community
members accountable for that over his time as mayor.
Council President Goodhouse suggested being specific with topics when holding these
conversations with the community so they know what will be discussed. Mayor Snider said
everyone who reached out in response to his statement and the city's position will be invited to
participate.
3. CONSENT AGENDA (Tigard City Council)
Mayor Snider announced the items on the Consent Agenda and read the Pride Month
proclamation. He recognized the particular discrimination around people of color who are also
members of other disadvantaged communities. There are significant, and even more dramatic
acts of prejudice against members of more than one of these communities and this needs to be
part of council's broader conversation.
A. RECEIVE AND FILE:
Certified May 19, 2020 Election Results for City of Tigard Local Option Levy to Increase
Police Patrols
B. PROCLAIM JUNE 2020 PRIDE MONTH
Councilor Lueb made a motion to approve the Consent Agenda. Council President
Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote and the
motion passed unanimously.
Yes No
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
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4. APPOINT EMILIO CALDERON AS YOUTH CITY COUNCILOR
Mayor Snider said Councilor Lueb and Youth Councilor Turley interviewed applicants for the City
of Tigard Youth Councilor for the upcoming academic year. Emilio Calderon was selected for this
position and was attending the meeting remotely. Councilor Newton said she has had the privilege
of working with Emilio as the Chair of the Tigard Youth Advisory Council and she described Mr.
Calderon as someone who will keep Council on their toes. She moved to approve Emilio Calderon
as the next Tigard Youth Councilor and Councilor Lueb seconded the motion. City Recorder
Krager conducted a roll call vote and the motion passed unanimously.
Yes No
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
Mr. Calderon said he was honored to be selected. Mayor Snider said will appreciate him keeping
the council on task and the events of the past few weeks make his participation and youth
involvement in the city more important than ever.
5. CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR FREWING STREET
STORM DRAINAGE EASEMENTS.
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Engineering Project Manager Peck gave the staff report. He said the Frewing Street stormwater
line replacement project is a major maintenance project to replace storm pipe on Frewing Street
determined to be in poor condition. It includes replacement of two metal culverts and headwalls at
I each end to better convey stormwater through the drainage port. He asked Council for approval
of a Resolution of Necessity to begin negotiations with two property owners, and if necessary, take
possession if good faith negotiations fail.
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Councilor Newton asked if property owners know this is coming. Engineering Project Manager
Peck said they did. In response to a question about whether any of them were having issues now
due to stortnwater, Mr. Peck replied that one owner's apartment building roadway has heavy water
during storm events and that this improvement will be built to handle a 25-year storm event.
Councilor Anderson moved to approve Resolution No. 20-29. Councilor Lueb seconded the
motion. City Recorder Krager read the number and title of the resolution.
Resolution No. 20-29 A RESOLUTION DECLARING THE NEED TO ACQUIRE
PROPERTY FOR THE PURPOSE OF CONSTRUCTING PUBLIC UTILITIES AND
RELATED IMPROVEMENTS ADJACENT TO AND ALONG SW FREWING
STREET FROM SW PACIFIC HIGHWAY TO ASH AVENUE AND AUTHORIZING
EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY
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City Recorder Krager conducted a roll call vote and Mayor Snider announced that the motion
passed unanimously.
Yes No.
Council President Goodhouse ✓
j Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
6. CONSIDER RESOLUTION TO JOINTLY ACCEPT CDBG ENTITLEMENT WITH
WASHINGTON COUNTY AND REMAIN A HOME CONSORTIUM MEMBER
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Senior Planner Warren introduced this item and commented that it lends itself to the previous
conversation tonight on where the city is going. He said this resolution is the final action to
formally accept joint entitlement in the Community Development Block Grant (CDBG) program.
This will authorize three separate actions: granting signing authority to the city manager to sign
two intergovernmental agreements formalizing the city's agreement to accept joint Entitlement
with the Washington County Office of Community Development and to remain a member of the
HOME Consortium. The final action will be to notify the Housing and Urban Development
(HUD) office in Portland of the City's election.This follows the action the Tigard City Council
took on April 21, 2020 to authorize an operating agreement setting terms for joint entitlement
with Washington County.
Senior Planner Warren presented slides describing the federal CDBG program,designed to
provide decent housing and a suitable living environment and to expand economic opportunities.
It provides grants to states, counties and cities throughout the county on a formula based on
population and poverty rates. He gave the history of Tigard's previous participation in the
Washington County CDBG Consortium which includes urbanized areas of the county and the
cities of Tigard, Forest Grove, Cornelius, Durham and King City. In 2015,Tigard's population
reached 50,000 opening the option for joint entitlement.The eligibility options are offered every
three years and for the first two cycles,Tigard chose to remain in the consortium.Tigard has been
notified of an election option for eligibility in the 2021 cycle.There are three options to respond
to the notice: Full entitlement,no entitlement (currently in force) and joint entitlement,which is
the staff recommendation.
He described full entitlement as having fairly high overhead and the city would be responsible for
all administration and compliance which has high staffing impact and the amount received would
not be enough to offset staff costs. Remaining in the consortium is the current status and means
the city allows its grant amount to be blended with the amounts from the rest of the consortium
and if the city has a project it wants to fund, they go to the Policy Advisory Board (PAB) and
compete for it in the grant program. Staffing impact to prepare grants is high and there is some
budget impact. Joint entitlement allows an urban county consortium and a city that is eligible for
entitlement on its own to agree to work together and split the entitlement.The county remains
responsible for federal compliance and administration and the city becomes eligible for some
programs based on entitlement. Two recent programs based on entitlement are the Metro
Affordable Housing Bond and the CARES Act funding.
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Senior Planner Warren said CDBG and HOME are separate funds but managed by the same
office. HOME is the federal affordable housing fund. It has such high administrative costs that
even cities that qualify for CDBG funds do not usually opt for HOME funds if they have another
option. The agreement being considered tonight continues the City's participation in the HOME
program consortium. Washington County agreed that we can carry up to half of our entitlement
from each year to the next year, enabling larger projects in the city every other year. The city
retains its seat on the PAB. Use of CDBG funds was a key funding strategy in the Affordable
Housing Plan.These funds can be combined with the Construction Excise Tax to fund affordable
housing programs. Last April staff was considering priority programs that included down payment
assistance through a community land trust, reserve housing proposed for disposition by the
Housing Authority of Washington County, and a program for ADA intersection retrofits. Since
that time, staff is looking at alternative uses to respond to potential community needs that may
linger into 2021 as a result of the COVID-19 pandemic.
The staff recommendation is to approve the resolution authorizing the city manager to sign the
two intergovernmental agreements and notification to the HUD office.
Council Discussion and Consideration: Resolution No. 20-30. There were no questions.
Councilor Lueb moved to approve Resolution No. 20-30. Councilor Anderson seconded the
motion. City Recorder Krager read the number and title of the resolution.A roll call vote was
conducted,and the motion passed unanimously.
Resolution No. 20-30—A RESOLUTION TO JOINTLY ACCEPT CDBG
ENTITLEMENT WITH WASHINGTON COUNTY AND REMAIN A HOME
CONSORTIUM MEMBER
Councilor Newton said this will be another tool to advance programs related to affordable housing
and efforts to help marginalized community members.
Yes No.
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
7. NON-AGENDA ITEMS -None
8. ADMINISTRATIVE REPORT
City Manager Wine noted that she will schedule time on future agendas for Council to discuss
racial justice issues.
9. EXECUTIVE SESSION - None scheduled
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10. ADJOURNMENT
At 9:12 p.m. Councilor Lueb moved for adjournment. Council President Goodhouse seconded
the motion and City Recorder Krager conducted a roll call vote. The motion passed unanimously.
Yes No.
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Councilor Anderson ✓
Mayor Snider ✓
Carol A. Krager, City R corder
Attest:
Jason B. Snider,Mayor
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