BEAVERTON CITY COUNCIL
REGULAR MEETING
JULY 7, 2003
CALL TO ORDER:
The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob
Drake in the Forest C. Soth Council Chambers, 4755 SW Griffith Drive, Beaverton,
Oregon, on Monday, July 7, 2003, at 6:33 p.m.
ROLL CALL:
Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth
and Cathy Stanton. Also present were Chief of Staff Linda Adlard, City Attorney Mark
Pilliod, Assistant City Attorney Bill Scheiderich, Finance Director Patrick O'Claire,
Community Development Director Joe Grillo, Engineering Director Tom Ramisch,
Operations/Maintenance Director Gary Brentano, Library Director Ed House, Human
Resources Director Sandra Miller, Police Chief David Bishop, Risk Manager Tim Pope,
Senior Program Manager Joe Gall, Human Resources Consultant Gemma Smith,
Administrative Assistant Nicolle Green and Deputy City Recorder Catherine Jansen.
Mayor Drake explained he had to leave the meeting at 6:45 to attend the Tualatin Parks &
Recreation District’s Board meeting but would be back. He stated he would first take
Citizen Communication.
CITIZEN COMMUNICATION:
Betty Bolz, Beaverton, gave Council information from Pedestrians-West, an advocacy
organization for West Metro pedestrians. She spoke about safety problems experienced
last year during road construction along Hall Boulevard and Greenway Avenue. She
noted that the Brockman/Greenway, 125th intersection was scheduled for construction
and asked that the City plan for proper access and safety of pedestrians and bicyclists.
She stated she had tenants who lived in that area and they were concerned about safety
during the construction.
Mayor Drake explained that staff considered Bolz’s comments from last year and the
Engineering Director reviewed how the contracts were handled. He said staff was
sensitive to what happened last year and have planned ahead so it would not happen
again. He thanked her for her comments.
Rachel Nettleton, Chair, Five Oaks Triple Creek NAC, said she just received notice that
the Bus Yard (Beaverton School District) issue was going to LUBA. She said she wanted
the Council to know the Concerned Citizens of Beaverton (CCOB) and the NAC were still
concerned about the issue and still opposed having the Bus Yard located there, for traffic
and health reasons. She said the CCOB made every effort to mediate the issue and find
alternatives. She said they wanted to work with the Council on this and she appreciated
being able to discuss this with Council.
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July 7, 2003 – Minutes
Page 2
Mayor Drake asked the City Attorney if the Council could have a public discussion on this
subject since it was in litigation.
City Attorney Mark Pilliod explained a discussion would not result in a decision that was
binding on the City or anyone else. He said if that discussion occurred, he recommended
that the other parties to that information be present and have the same opportunity to
present their positions.
Mayor Drake explained the Council was at a different stage now than it was at the public
hearing last year. He said that was the reason for his caution
Pilliod explained the City advised LUBA the mediation was at an end. He said LUBA
received the information and advised the parties that the next step in the process was for
the City to prepare the LUBA record. He said the City had until July 22nd or 23rd to
complete that process; he noted briefing sessions and oral arguments would follow and
the matter would move toward a decision. He explained the appeal process that began a
year ago was now resuming; it had been delayed for mediation.
Mayor Drake left the meeting at 6:46 p.m. to attend the Tualatin Hills Park and Recreation
District Board meeting.
Hal Oien, Beaverton, said he was there to speak on the School District’s Bus Yard issue.
He said he received a letter signed by Pilliod and Beaverton School District Attorney Jack
Orchard which stated “Mr. Orchard and I have heard nothing further from Mr. Lezak nor
have we received any indication that the Petitioners in LUBA No. 2002-076 wish, jointly or
individually, to pursue further mediation.” He said he wanted the City and Council to
know they were interested in continuing mediation; they met once with the School District
but were not able to get the District to another meeting and there was no discussion of the
traffic issues. He gave Council a copy of his letter dated July 3, 2003.
PRESENTATION:
03155
CORE Award Program Update
Human Resources Director Sandra Miller introduced Gemma Smith and Nicolle Green
from the Human Resources Department who gave the presentation on the CORE Award
Program. She added that Smith also presented the Program at the World at Work
International Conference in May of this year.
Human Resources Consultant Gemma Smith reviewed how the CORE Award Program
was designed, approved and implemented. She explained the purpose of the Program
was to develop a reward and recognition program, and a performance appraisal system,
that motivated employees to provide excellence in performance responsibilities. She
noted this was in conjunction with the City’s Core Values of Customer Service, Highly
Productive, Organizational Ownership and Leadership. She reviewed in detail the types of
CORE Awards, the Program enhancements, the promotional activities, the training and
usage of the Program.
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July 7, 2003 – Minutes
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Smith explained the Program had been in place for two-and-one-half years and reviewed
statistical data which showed the increased participation from Year 1 to Year 2. She also
reviewed the results of an Employee Satisfaction Survey which was done in 1999 and
again in 2002. She noted the 2002 survey showed significant improvement in the answer
ratings to all questions related to recognition, reward and performance appraisals. She
reviewed the cost of the Program: First year Monetary Cost was $7,710 and Cost in Time
Off was $17,020; Second Year Monetary Cost was $10,530 and Cost in Time Off was
$22,900. She noted costs increased as more people participated. She explained they
have made presentations on this Program to many groups including the Oregon Chapter
of American Public Works Association, the Oregon Chapter of IPMA and the World at
Work International Conference (formerly the American Compensation Association). She
concluded by saying the Program was nominated for the League of Oregon Cities Award
for Excellence.
Coun. Doyle stated he was impressed with the high rating on the question “Understand
the basis for appraisal even though I may not agree.” He noted this showed staff had
done an excellent job putting this together.
Smith stated the Advisory Committee did an excellent job in developing the process of the
performance expectations, performance discussions and performance appraisals so
managers and employees discussed expectations a lot more.
Coun. Doyle asked if a monetary value had been placed on the individual and team
improvements, to determine how much money the improvements saved the City.
Smith explained there weren’t any aggregate numbers but gave several examples of
where savings had been realized; two examples were the $500,000 on franchise fees by
the Finance team and savings in equipment costs through an exchange with another City
by the Operations staff.
Coun. Doyle noted the value the City received from this far exceeded the cost.
Coun. Stanton asked what a citizen would do if they wanted to recognize an employee or
team.
Smith explained a citizen would contact the employee’s supervisor, department head or
the Mayor so they could make the nomination.
Coun. Bode said she thought this program would offset employee termination or litigation
and asked if that had been tracked.
Smith responded that had not been tracked. She said the employees gave the Program
high marks and told employees from other jurisdictions about the Program.
COUNCIL ITEMS:
Coun. Soth reminded the Council of the National League of Cities Conference in
December. He said he registered and received his confirmation already.
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Coun. Soth reported the Tualatin Basin Water Supply Feasibility Study Steering
Committee held its first meeting; an orientation and strategy session. He explained the
Committee was made up of representatives from the cities and the water providers of
Washington County, and Tom Bryant was the Chair. He noted the Study was funded
through a partnership of all of these parties and the objective was the expansion of Hagg
Lake to 50,000 acre feet or find an equivalent amount in other ways. He said the issues to
be studied were raising Scoggins Dam 40 feet, raising Scoggins Dam 20 feet, or having a
19-to-22-mile pipeline from the Willamette. He stressed this was preliminary; it needed to
be studied now to provide water for the next 40 to 50 years.
Coun. Doyle announced the Jack Rosenberg Night of Jazz, featuring Jorge Zamorano
performing Bossa Nouveau music, was on July 9, 2003, from 7:00 – 8:00 p.m., at the
Beaverton Town Square.
STAFF ITEMS:
There were none.
CONSENT AGENDA:
Coun. Ruby MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved
as follows:
Minutes of Business Roundtable Meeting of June 9, 2003 and Regular Meeting of June
16, 2003
03156
TA 2003-0001 (Section 20.20.50.E Text Amendment)
Contract Review Board:
03157
Reject Two Bids and Accept the Bid from Bobcat of Portland for the Purchase of One New
Seven-Ton Vibratory Asphalt Roller
03158
Bid Award - Hall Watson Beautification Project Phase 1 – CIP Project Number 3308
03159
Contract Change Order – Hall Watson Beautification Project Phase 1--CIP Project
Number 3308
Couns. Doyle and Stanton noted a minor correction to minutes of June 16, 2003 which
they gave to the City Recorder.
Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE,
the MOTION CARRIED unanimously. (5:0)
ORDINANCES:
Coun. Doyle explained Coun. Stanton requested further discussion of Agenda Bill 03160.
Chief of Staff Linda Adlard explained Coun. Stanton questioned the reasons for this
ordinance. She explained this ordinance cleaned up language in the Code so it would
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July 7, 2003 – Minutes
Page 5
conform to State Law. She explained State law presided and whenever the Code was
amended, staff cleaned up the language as necessary.
Mayor Drake returned to the meeting.
Coun. Stanton said she had no problems with the four issues in the agenda bill. She said
her concern was this was a shift in policy (changing from police officers to code
enforcement officers for issuance of parking citations) which should be discussed. She
said her concern was that changing from only police officers issuing parking citations to
adding code enforcement officers; the revised Code had not specified what the Code
actually said; it only referred to the Oregon Revised Statutes (ORS). She noted Code
Section 6.02.220, referred to ORS 811.190.811.225, rather than stating that “You cannot
ride in a vehicle in places that are not designated for passengers except if riding in these
places was required for an employee to discharge their duties.”
Adlard explained the City’s current Code allowed a garbage company employee to stand
on the bumper of the garbage truck. She said Oregon law no longer allowed that and the
City could not allow that under Oregon’s seatbelt law. She noted this ordinance cleaned
up that section. She added if this went to court, Oregon law would prevail.
Coun. Stanton said her concern was if a citizen looked at the Code to determine what the
law said, he would only find a reference to an ORS in some sections. She said she
thought there should be a way for citizens to access an ORS listed in the Code if the Code
did not specify what the law and its requirements actually were.
Adlard said staff could look into providing a link in the Code to the ORS statutes.
Mayor Drake said staff would look into this issue to address Coun. Stanton’s concerns.
He noted there was access to State law and this suggestion was a further step in
providing information to citizens.
Coun. Stanton asked for other Councilor’s opinions.
Coun. Soth said he felt this was an administrative matter and not legislative. He noted if
the Code included the verbiage of every ORS referenced, it would triple in size. He noted
the Code has specifically included references to the ORS laws to protect the City from
liability. He noted the ORS were available on the Web and through the City Attorney’s
office. He said he did not see any problem with this.
Coun. Doyle said he felt as long as there was a way for citizens to access the ORS from
the Web that would be sufficient.
Coun. Bode agreed that clarifying and cleaning up the Code was an administrative
function of the City. She noted there was a suggestion about developing a link to the ORS
and she deferred to the Mayor and staff to come up with a solution. She said in terms of
what was reasonable, she did not want every ORS cited in the Code. She said she
appreciated Coun. Stanton’s thoughtfulness in protecting the citizens.
Coun. Stanton said she hoped this conversation would be a move toward setting a policy
that the City wants to be as open and as clear as possible in what it was doing. She said
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July 7, 2003 – Minutes
Page 6
the Mayor and his staff were committed to customer service. She said a clear easily
understood Code would be providing good customer service.
Mayor Drake repeated there may be a way to link to the Oregon Revised Statutes; he will
ask staff to see what they can develop.
Adlard advised Council the City Attorney noted the word “not” needed to be added to
Section 1, 6.02.750, of this ordinance so the last sentence would read “…including but not
limited to the issuance of parking citations.”
Suspend Rules:
Coun. Soth MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that
the ordinances embodied in Agenda Bill 03160 be read for the first time by title only at this
meeting, and for the second time by title only at the next regular meeting of the Council.
Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED
unanimously. (5:0)
First Reading:
Pilliod read the following ordinance for the first time by title only:
03160
An Ordinance Amending and Repealing Provisions of Chapter Six of the Beaverton City
Code Relating to Vehicle and Traffic Regulations (Ordinance No. 4258)
Second Reading:
Pilliod read the following ordinances for the second time by title only:
03153
An Ordinance Expressing the City of Beaverton’s Election to Receive Distribution of a
Share of Certain Revenues of the State of Oregon for Fiscal Year 2003-2004, Pursuant to
ORS 221.770 (Ordinance No. 4256)
03154
An Ordinance Amending City Code Section 9.06.035 Newly Annexed Areas to Add a
Definition of “Interested Parties” and to Require Notification of NAC’s and CPO’s for
Annexations in Their Area. (Ordinance No. 4257)
Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in
Agenda Bills 03153 and 03254, now pass. Roll call vote. Couns. Bode, Doyle, Ruby,
Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
EXECUTIVE SESSION:
Coun. Soth MOVED, SECONDED by Coun. Stanton, that Council move into executive
session in accordance with ORS 192.660(1)(h) to discuss the legal rights and duties of the
governing body with regard to litigation or litigation likely to be filed. Couns. Bode, Doyle,
Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
The executive session convened at 7:41 p.m.
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July 7, 2003 – Minutes
Page 7
The executive session adjourned at 7:58 p.m.
The regular meeting reconvened at 7:58 p.m.
ACTION ITEM:
Coun. Bode MOVED, SECONDED by Coun. Soth that Council authorize the settlement
agreement that was presented and discussed in the executive session. Couns. Bode,
Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)
ADJOURNMENT
There being no further business to come before the Council at this time, the meeting was
adjourned at 7:59 p.m.
________________________________
Catherine Jansen, Deputy City Recorder
APPROVAL:
Approved this 14th day of July, 2003.
__________________________________
Rob Drake, Mayor