City Council Minutes - 09/01/2020 City of Tigard
City Council Meeting Minutes
September 1, 2020
1. BUSINESS MEETING
A. At 6:30 p.m.Mayor Snider called the Tigard City Council meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Council President Goodhouse x
Councilor Newton x
Councilor Lueb x
Councilor Anderson x
Mayor Snider x
Youth Councilor Calderon x
C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance on
their own.
D. Call to Council and Staff for Non-Agenda Items. Mayor Snider said he would brief Council at
the end of the meeting on a request from District Attorney Barton.
2. PUBLIC COMMENT-Mayor Snider stated that written public comments were due by 4:30 p.m.
and call-in questions will be taken via telephone (503) 966-4101.
A. Follow-up from Previous Public Comment—City Manager Wine said there was none.
B. Summary of Written Public Comment—Mayor Snider said written testimony was received
from Michael Brewin regarding the Public Safety Advisory Board.He asked if the entire
Council had seen the testimony and they indicated they had.
C. Phone-in Public Comment-There was none.
3 CONSIDER ADOPTION OF PUBLIC SAFETY ADVISORY BOARD PROPOSAL
Assistant City Manager Nyland introduced this agenda item, formerly known as the Transformation
Committee and now called the Public Safety Advisory Board. She noted there was a lengthy
conversation at the previous meeting focusing on three points - the title change,authority for acting
at the local, state or federal levels, and the decision-making process.A revised version of the PSAB
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proposal was included in the meeting packet and staff was asking for Council comment or
concerns.There were a few items needing discussion and consensus,including some revisiting of
what was decided at the last meeting.
1. Decision-making Authority:
Mayor Snider said there was some discussion and feedback from Councilors Lueb and
Newton regarding whether the language was reflective of the last discussion and asked if staff
had resolved it. Councilor Lueb said her recollection was that decisions would automatically
come to Council first instead of the City Manager and Police Chief. She asked for clarification
on what others thought the decision was.
Councilor Newton said her hope was that there would be a decision-making process that
facilitates everyone at the table being comfortable discussing these topics. She said it has come
to her attention that what was proposed last week might be problematic to Chief McAlpine in
terms of her authority. She added that she did not think it was Council's intent to take away
any decision-making authority for department operations.
Councilor Newton mentioned she has also heard concerns that some of the topics might be
too open-ended so she and Councilor Lueb arrived at a proposal requiring a work plan to
come to Council for approval before the PSAB launches into their work. She said her main
concern is having the conversation;if people at the table are not comfortable with the
decision-making authority or how this is moving forward,people may feel reluctant to express
their perspective.
Councilor Lueb said she wrote some wording to replace the work plan paragraph. She
reiterated that the intent was not to take away the Chief's authority and there are concerns that
if the PSAB can bring up any topic, the chief may be hesitant to introduce a topic she wants to
discuss,which may be more appropriate for a Police Chief's Advisory Board.The intent is to
put up guardrails around the very specific purpose for the PSAB and then if desired, an open
discussion can be held by a Chief's Advisory Board if that is put forward.
Mayor Snider said Council and staff have already invested a significant amount of time on this
and he felt there was clear direction after the last council meeting. He asked if anyone
reviewed the video of last week's meeting to clarify what was said and why there was
confusion. Councilor Lueb said the conversation wasn't held until late this afternoon and there
was not enough time to review the video.
Mayor Snider said his memory is that he proposed last week what Councilors Newton and
Lueb are proposing now,and it was rejected by the Council. He expressed frustration that
Council worked through an issue and had a plan and then there was a dispute later,but no one
bothered to check the record.
Council President Goodhouse said he thought it was all decisions or recommendations would
come before Council. Councilor Lueb thought that too but said city staff then drafted what
they thought was the intent,but it may not have been.
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Mayor Snider said the decision making is for the PSAB to come to consensus and then if the
City Manager and Police Chief want to implement and consensus was reached,it would
be implemented. If they decide not to implement,then it would come to Council.
Council President Goodhouse said any final decisions should come to Council because they
are elected,and decisions need to be made in public. He said there would be more publicity if
Council hears it and the public can watch. Mayor Snider said it could still be publicized and
asked what the benefit was of having operational decisions come to Council that already have
the support of the PSAB, the City Manager and the Police Chief. He asked how that adds any
value.
Councilor Anderson asked to hear from City Attorney Rihala on why this would take power
from the Chief. He said if word"operational"is added that would satisfy him.
Councilor Lueb suggested that if the City Manager or Police Chief had veto power it could _
limit conversation. Mayor Snider commented that those decisions are being made now without
coming to Council.
Youth Councilor Calderon noted that the document says the Board will make quarterly reports
to Council so that is adequate publicity. He said the decision-making piece is difficult,but he
leans towards allowing the City Manager and Police Chief be able to implement decisions
since they don't have to come to Council currently.
City Attorney Rihala said in reviewing the video, there are a few issues. Right now, the
decision topics are organized into three different groups of authority:
• Can be implemented on a policy level at the city
• Requires action of a subcommittee approval (Collective Bargaining Unit,Budget
Committee,Council approval of an IGA, are examples)
• Can be advocated for change at the state or federal level
She and Chief McAlpine discussed that if any decision is put in any bucket but the first one,
those are things Council will inherently be involved in.The concern is that if it is something at
the operational level it is something the Chief would normally decide. If those things must go
to Council,it gives the Chief no authority over policy decisions (use of force policy, equipment
policy,etc.) that are part of day-to-day management and it takes operation control away from
the Chief.
Chief McAlpine stated that as it had been written, her concern was that everything had to go
through Council, and anything in disagreement would too. She asked, "What is my role? Am I
more of a manager? This would have a lasting impact."
Councilor Newton suggested saying it will be forward to the City Council for"review and
consideration."
The decision-making section of the Work Plan was changed to read, "When a consensus-based
recommendation is within the decision-making authority of the Chief or City Manager,the
Chief or City Manager may implement such recommendation without Council action. If the
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Chief or City Manager declines to implement the recommendation,it will be forwarded to
Council for review and consideration."
Mayor Snider asked if she was comfortable with the language as just suggested. City Attorney
Rihala said this was a good change and she had no concerns.
2. City Attorney Role on PSAB:
City Attorney Rihala sent a communication regarding concerns about her participation as a
voting member. She said after reflecting on her role as the city's attorney it is important for her
to remain neutral and not take sides on an issue. She said she cannot give legal advice if she is
not seen as impartial. A vote on something the Council doesn't like it could affect her
relationship with Council or police staff. If she is not a voting member,there would be 14,
which is not an odd number. She suggested the Council PSAB member could be more of a
liaison rather than a voting member.
Mayor Snider said he cares about her opinion and her legal advice and knowledge are valuable.
Council President Goodhouse said she can advise what is legal and that gives weight to her vote
and to the decisions. He recommended City Attorney Rihala remain as a voting member.
Councilor Anderson said he values her advice and noted she could always speak up but not vote.
Councilor Newton said she would rather have her as an advisor.
Youth Councilor Calderon said her position should be a voting position because the City
Attorney has legal as well personal opinions which are important and impactful.
Councilor Lueb said she appreciated the concerns,but after looking at the make-up of the
Board, feels it is important to keep her as a voting member. She asked who could be brought on
to the Board to make sure perspectives are balanced. Mayor Snider said the Board would have
to be completely re-balanced. The City Attorney could choose to abstain from a vote and this
option might relieve concerns mentioned by Councilors Anderson and Newton.
Mayor Snider said any member of the Board can abstain from voting currently;however,he
does not want to see the City Attorney or Police Chief abstaining from every vote.
City Attorney Rihala was agreeable to this.
3. Work Plan Approval:
Councilor Lueb proposed changes to the paragraph 2 of page 3, to say,"The Board shall
present to Council for approval, a work plan including prioritization of work; adding or
removing topic areas; and adding,changing or removing questions or criteria around topics.
The Board may not discuss topic areas not approved by Council for consideration."
Youth Councilor Calderon asked if prioritization referred to the order in which topics will be
discussed and suggested that did not need to be discussed by City Council as it should be fluid.
One topic could lead to another.
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Councilor Newton said their concern was related to the Board bringing up just anything they
chose,and she wants to make sure the topics are those raised by the community, so the
intent and direction are clear.
4. Youth Member Terms:
Councilor Calderon discussed his role after his Tigard City Council Youth Councilor term
ends in June. He wants to participate on the Board for its duration. He mentioned the other
youth member is president of Tigard High's Black Student Union or their designee. Both are
not seniors this year. Mayor Snider suggested designating them,not their roles,as members.
There was Council consensus for this.
5. Timeline in General:
Council President Goodhouse asked if a term for the Board had been determined,noting that
this question would be one of the first that interested participants might ask. Mayor Snider
estimated it would be at least 12-18 months and asked staff if this would be included in
the communication to potential members.Assistant City Manager Nyland said this is currently
an unknown,as staff is in the process of contacting facilitators and getting cost information,
etc.An educational component will be involved so at least six months was anticipated but
depending on issues it could be as long as 12-18 months.
6. Bylaws and Code of Conduct:
Council President Goodhouse asked if the PSAB would have bylaws and a code of conduct as
other city boards and committees have.Assistant City Manager Nyland assured him that this is
proceeding and expectations, attendance requirements and community norms will be in place
before the first PSAB meeting.
Mayor Snider asked City Attorney Rihala to share her screen and go over changes made tonight.
A document with tracked changes is included in the record copy of this meeting.
Council President Lueb moved to approve the adoption of the Public Safety Advisory Board as
presented,with adjustments. Mayor Snider took a moment to make sure City Manager Wine and
Police Chief McAlpine were clear on the wording and they indicated they were. Councilor Newton
seconded the motion and City Recorder Krager conducted a roll-call vote.
Yes No
Council President Goodhouse x
Councilor Newton x
Councilor Lueb x
Councilor Anderson x
Mayor Snider x
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Mayor Snider said he hoped during a future review of the Charter that having the Youth Councilor
position become a voting member of council is considered.
Councilor Newton thanked staff for their work on this and said she was excited to be involved in
what she hoped would be a good community conversation. She appreciated everyone's input and
found the glossary very helpful.
Mayor Snider noted that this started a little painfully and it was difficult to gather the input received
from hundreds of people into a proposal that everyone can start with. He said the city got to a
positive place where the community can move forward. He noted that he has received outreach
from other mayors interested in how Tigard is leading on this.
4. NON-AGENDA ITEMS
Mayor Snider said District Attorney Barton has requested Council support for a proposal to the
Washington County Commissioners to use the former 9-1-1 Dispatch Center as a future site co-
locating Family Justice and CARES NW. CARES NW investigates child abuse and mental health
issues in Clackamas,Multnomah and Washington Counties. For a long time,Washington County
residents had to travel to Multnomah County to obtain services and this is an attempt to improve this
situation by providing space. Using the former 9-1-1 building would save rental costs and enable them
to make better use of their funding.
Mayor Snider asked if Council wanted to publicly support this plan with a letter. Council members
indicated their support. Council President Goodhouse said he was in favor of the idea but also wanted
to know of other alternatives,such as using it for a homeless shelter.
5. ADMINISTRATIVE REPORT
City Manager Wine reported on several items.
• The PSAB selection process will launch tomorrow and a detailed timeline will be shared in the
Council Newsletter.Application information will be in English and Spanish.
• An employee survey on how work is going had 228 participants. Things learned were that as
we move forward, safety and public health are a priority. The current flexible schedules will be
extended as teleworking is successful for those whose jobs can be done from home.We need
to find opportunities to share reminders about COVID-19 information.Focus groups will be
formed for employees that are also parents and caregivers. Staff raised concerns about layoffs.
She acknowledged the great work staff continues to do despite the pandemic.
• Communications staff updated information on services being offered virtually.A digital access
survey was released.
• The library is adding a courier service.
• Macerich is putting together a plan to offer drive-in movies at Washington Square.
• Review of the School Resource Officer (SRO) program continues,with surveys and listening
sessions planned.There will be a link on the city's website.
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In response to a question from Councilor Newton, City Manager Wine said she will talk to the Tigard
Downtown Alliance and the Chamber about Trick or Treat Main Street this year. Mayor Snider
recommended that Washington County announce directives on how to handle the Halloween holiday
during COVID.
6. EXECUTIVE SESSION None Scheduled
7. ADJOURNMENT
At 8:22 p.m. Councilor Newton moved for adjournment. Councilor Lueb seconded the motion.
City Recorder Krager conducted a roll call vote and the motion passed unanimously.
Yes No
Council President Goodhouse x
Councilor Newton x
Councilor Lueb x
Councilor Anderson x
Mayor Snider x
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Carol A. Krager, City Recorder
Attest:
Jason IrSnider,Mayor
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