NOVEMBER 10, 2003


The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive , Beaverton , Oregon , on Monday, November 10, 2003 , at 6:35 p.m.


Present were Mayor Drake, Couns. Betty Bode, Fred Ruby, Forrest Soth and Cathy Stanton. Coun. Dennis Doyle was excused. Also present were Chief of Staff Linda Adlard , City Attorney Alan Rappleyea, Finance Director Patrick O'Claire , Engineering Director Tom Ramisch , Operations/Maintenance Director Gary Brentano, Library Director Ed House, Police Chief David Bishop, Emergency Manager Mike Mumaw , Reference Librarian Abigail Elder and City Recorder Sue Nelson .


03245 - Washington County Sheriff's Annual Update to City Council and Citizens

Washington County Sheriff Rob Gordon and Sheriff Services Director Rick LaManna gave a presentation to Council on the Sheriff Department's activities for the past year.

Gordon reviewed the divisions in the Sheriff's Department. He explained the Patrol Division had 150 deputies and civilian staff, who worked out of two precincts and covered an area of 730 miles. He said the community policing program was expanded and the County was now divided into districts, each with its own staff. He said the Services Division handled civil issues, the DARE Program, crime prevention, professional s tand ards, records and training. He noted this Division had same-day warrant service that benefited all law enforcement agencies in the County. He explained the Detectives Division had a staff of 45 and focused on child abuse, property and prison crimes. He said this division included forensics, which provided many areas of scientific testing, except DNA and ballistic testing. He said forensic services were offered County wide, and it was hoped to expand these services to include DNA and ballistics. He noted forensics services were also important because in February the State Police could lose some of their forensic positions due to funding cutbacks.

Gordon explained the twelve law enforcement agencies in Washington County all worked together cooperatively and he thanked Police Chief Dave Bishop for his assistance. He reviewed the cooperative law enforcement teams which included the Crash Analysis Team, the Clandestine Lab Enforcement Team (handling Meth lab enforcement and cleanout), the Fraud Investigation Team, and the Tactical Negotiations Team (SWAT). He noted Meth labs were a huge problem in Washington County and the Sheriff's Department could not clean out the labs without the help of all the police agencies.

Gordon noted the Jail Division processed and handled arrestees, which included housing, all transportation and pre-trial lodging. He noted there were 19,000 arrests each year. He said they increased the jail's bed space by 28 beds last year and forced release of inmates was cut in half this last year. He explained in the next year they would be working on jail capacity (currently they were about 150 beds short), on the Local Option Levy for the November 2004 ballot, and on planning for future annexations.

Coun. Bode asked what they needed to get a better handle on drug abuse in the County.

Gordon explained methamphetamine manufacturing, use and sales were the biggest problem. He explained this drug was not driven by profit; it was a social drug in certain groups, who were then involved in other crimes. He said all the agencies had just assigned extra resources to the inter-agency Narcotics Team. He added it was an education and enforcement battle, and legislative changes were needed to change the classification of the drug to make these offenses more serious.

Coun. Soth said he appreciated the Sheriff's participation with the Law Enforcement Council and the Tactical Advisement Committee, as both helped the County's dispatch system.

Coun. Stanton thanked him for coming and complimented him on doing a good job. She asked if the County Commissioners had placed the proposed levy on next year's ballot yet.

Gordon said it had not been done yet, but he was certain it would be on the November ballot.

Coun. Stanton asked if the levy would include a component for the Good Neighbor Center (family homeless shelter) in Tigard.

Gordon noted the levy's components were not set yet; the County Administrative Office would compile a draft budget.

Stanton explained the shelter was a valuable tool in helping families become stable, get out of the cycle of incarceration, and drug and alcohol abuse. She stressed funding was needed to keep people safe and to help those who were unproductive become stable, so that funds would not be needed to keep them incarcerated. She said she hoped funding for the shelter would be included in the levy.

Gordon thanked her for the comments and noted there weren't any program cuts in the levy. He added the Sheriff's Department was a big supporter of those programs.

Mayor Drake noted that 19,000 bookings (arrests) per year equaled about two per hour. He asked how many bookings there were during peak periods.

Gordon explained their busiest time was Monday through Friday, from 2:00 p.m. to 10:00 p.m. He said on a Friday or Saturday night, from 10:00 p.m. to 12:00 a.m. , it was not unusual to see four to six police cars off-loading prisoners and then there may be several hours when they have little or no activity. He said in Washington County the arrest rate was far below Oregon 's average; about 41 for every 1,000 residents compared to 65 in 1,000 in other counties.

03246 - Hennen's American Public Library Ratings

Library Director Ed House and Reference Librarian Abigail Elder reported to Council on how the Beaverton Library was ranked among Oregon libraries by Hennen's American Public Library Ratings.

House explained Hennen's American Public Library Ratings rated library services nation-wide based on various measuring standards. He said the perfect score was 1,000 and noted Oregon ranked third throughout the nation. He said the Library rated 85% in Visits Per Capita (percentage of population served who used the library) and received top rating in Visits Per Hour and Circulation Per Hour; Beaverton was the busiest library in its category. He noted the Circulation Per Capita and Collection Turnover also received high ratings. He explained Beaverton was rated Number 1 (809 points out of 1,000) for the libraries in its population range; and of all the libraries in Oregon , Beaverton was tied with Monmouth for the Number 4 position. He stated the City could be proud of the excellent job the Library and staff were doing.

Coun. Soth asked how geographic boundaries were determined within WCCLS (Washington County Cooperative Library Services) to arrive at the percentages for circulation.

House responded the Library Directors met with WCCLS to draw the boundaries of the service areas. He noted it was not an exact science as people could come from anywhere in the County.

Coun. Bode asked besides printed material what items could be checked out from the library.

House explained the Library had books on tapes and CDs, videos, music CDs, DVD's, many alternatives to print for people who were vision impaired, items in other languages, software and computer Internet stations. He added they also conducted classes for adults and children and had a Homework Center for young adults.

Mayor Drake asked how many volunteers worked at library and the number of hours they donated.

House explained this last fiscal year they had over 14,400 donated hours and the number of volunteers ranged from 128 to 190 during the year.

Mayor Drake noted that Coun. Stanton was a library volunteer.

Coun. Stanton said she had adopted some shelves at the library; she shelved books and left them clean and neat for the next person. She noted anyone could volunteer and it was a lot of fun. She asked if the WCCLS Levy was on the ballot next year, would this information be disseminated to inform the citizens about the worthiness of the Library.

House replied the information would be made available to the public whether or not there was a ballot measure.

Coun. Ruby noted that WCCLS planned to use Beaverton as a test site for the Time Out software for timed access to the computers. He asked if the software was installed and how it was doing.

House replied the system was running very well and now other libraries in the county were using that software as well.

Elder said they wouldn't live without it, and it was a fairer and equitable sharing of the computers. She noted the demand for the Internet computers was so great that before the software it was taking an excessive use of staff time to monitor the use.

Mayor Drake complimented the Library staff on their efficiency.

Coun. Bode asked how much time a person was allotted for computer use.

Elder replied they were allowed one hour per day.

03247 - Update on Metro Regional Affairs

Metro Councilors Susan McClain, and Carl Hostika gave Council an update on Metro's activities. McLain explained Metro was working with the City and the Tualatin Hills Parks & Recreation District on the Cooper Mountain Master Plan. She said they were looking at the master plan task force membership and planning how to start the work and involve the community. She said they were excited about the information that would be coming out in the next three to four months, and they would bring that information to Council. She said the first step was brainstorming; looking at the site and the bond limitations to determine what facilities could be developed. She said the second step was forming the task force and the third step was developing the steps for public involvement throughout the two-year framework for the master plan.

McLain then reported on industrial lands. She noted a retreat was held a week ago to discuss industrial land needs in the region. She noted Mayor Drake served on MPAC and there would be important meetings in November and December on the industrial land study. She reported they would be studying Title 4, the requirements to protect industrial land, amendments to Title 4, and the regionally significant land issue. She stated major areas of interest were the regulations on corporate offices dealing with how much retail was appropriate on industrial land, and the conversion of industrial uses to other uses when that land was no longer needed for industry.

McClain noted they were also dealing with Goal 5, natural resource areas and the three step process. She noted they were in the second step, dealing with the EC analysis; looking at the trade-offs between economic energy, the environment and the social issues that matter to the community. She noted they were working with the Tualatin Basin Group and added that, as step three, a program would be released to the public for review in the next year.

Coun. Soth noted a recent newspaper article stated there was not a great deal of interest in large parcels that would attract large industrial companies, but there was more interest for smaller residential and commercial properties

McClain replied that her quote in the paper was correct, which was that over twelve months ago having parcels of 50 plus acres for industrial land was important. She said Metro heard it was important to have those larger sites, but flexibility was needed so sites could be divided into smaller lots to meet current conditions and actual needs. She said they were looking closely at the industrial information being released to determine the needs and changed conditions of the area. She explained if Title 4 was not meeting the needs of industry; they needed to know that.

Mayor Drake complimented her and noted there had been a great deal of talk and activity on the proposed regulations. He said he had heard from the industrial community and he thought this was a healthy dialog and was beneficial in finding the right answer.

McLain noted only 20% of the issues were still being discussed; 80% of the issues were not problems. She noted they would continue to work to find solutions for the issues that were problematic.

Mayor Drake stated he felt they could find a common ground. He noted there seemed to be a misunderstanding about what the proposed regulations actually say, so some of the reaction was from perception rather than reality.

McLain explained they had asked their staff to do an executive summary to put the regulations in layman's terms, so it would be easier to understand.

Coun. Stanton said she was wondering about a comment McLain made regarding reevaluating existing sites to see if they were still viable in the industrial lands.

McClain explained Metro was studying over 60,000 acres in industrial land. She said that acreage included land they had looked at before but not necessarily for industrial use. She said they were decreasing the amount of land to be reviewed to 20,000 acres, as it would be very expensive to study the entire 60,000 acres.

Hostika explained they had to go through the process to be more specific in identifying regionally significant industrial land.

Coun. Stanton noted that industrial land could not abut residential neighborhoods in Beaverton .

McLain agreed and noted it was preferred that industrial land be either a buffer or next to each other, rather than abutting residential housing. She said that was in every report she had seen.

Mayor Drake noted that locating industrial next to residential created the greatest angst in communities, as they were not compatible.

Coun. Bode asked if she could elaborate on the relationship of corporate office space and the use of retail. She asked if the retail space supported corporate businesses located there; or did the retail space support the surrounding area and what was the relationship to traffic impact.

McLain explained that five to ten percent retail was what was needed to support industrial companies and their employees. She said that would not impact traffic and was part of Title 4. She said the issue of office space, or other types of use that do not support the industrial user, created some controversy and debate. She explained the issue was whether or not significant industrial space should be used for office space when the office space could be located in other areas. She said there was a new twist to this discussion. She said many people stated there were research and development industrial needs that used office-like buildings; and there were office buildings that were used for research and development, and the cities wanted to be able to use them in other appropriate ways when their current uses were no longer needed. She said they made amendments to the regulations that made that possible in certain circumstances. She said they were working to ensure the core industrial sites were protected and used for industry.

03248 - Presentation by Metro to the City Council Announcing Award of the Regional Center Strategy Pilot Project

Metro Councilor Carl Hostika explained that last year the Metro Council considered the need to move faster on the development of regional centers so the centers could fulfill their role in urban regional development. He said Metro decided to fund the effort to develop these centers, so $100,000 was appropriated for a Regional Centers Pilot Program and local governments were asked to submit nominations for their centers in that program. He said they received six nominations ( Beaverton , Hillsboro , Oregon City, Lake Oswego , Milwaukie and Gresham ) and staff reviewed the centers based on established criteria. He announced Beaverton was selected because of its strong local leadership, the private and public investments into the project, and because the results would be seen in the short-term. He said City and Metro staff would now work to move the Beaverton Regional Center from a concept on the map to an action plan. He congratulated the City for winning the award.

Mayor Drake thanked him and stated this was a team approach. He said it was spearheaded by Economic Development Manager Janet Young and her staff, and they were assisted by the Community Development staff. He said the City was pleased to win and receive acknowledgement for the good work. He noted other improvements in the City's core, which included the Millikan extension, the Hall/Watson Beautification Project, the new Library, the flower baskets and finding a permanent home for the Farmer's Market. He explained the synergy and citizen support in that area was very strong.

Hostika acknowledged Washington County and Metro were working well together on several issues and the County was leading the rest of the region.

McLain and Hostika thanked Council for its time.


Pavel Goberman, Beaverton , said he spoke to Council a few months ago regarding a complaint he had against Tri-Met and he had not heard anything back from the City. He stated he wanted to register a complaint against KPTV Channel 12 and KPDX Channel 49, because they refused to air his infomercial, which was a promotion for his fitness business and political message. He asked that the City investigate his complaint and remove the business licenses from KPTV and KPDX. He said this was discrimination and censorship and he would file a lawsuit against the stations.

Mayor Drake explained the City had no jurisdiction over Tri-Met or the Meredith Corporation (owner of KPTV and KPDX). He suggested Goberman contact the Federal Communications Commission (FCC) as this was a civil issue. He noted the business license was not an enforcement tool and television stations were licensed through the FCC.


Coun. Soth noted the League of Oregon Cities would be holding its Annual Business Meeting and Conference, Thursday, Friday and Saturday (November 13, 14 and 15, 2003) in Eugene .

Coun. Soth announced that tomorrow ( November 11, 2003 ) at 11:00 a.m. , at the Veteran's Memorial area, there would be a program observing Veterans Day and the Mayor would be a speaker. He encouraged everyone to attend.

Mayor Drake noted the Air National Guard would do a flyover at 11:30 a.m. as part of the ceremony.

Coun. Stanton said that on November 19, 2003 , from 2:00 to 4:00 p.m. , the Washington County Elections Office would have an Open House and they were going to unveil the new optical scan voting system.

Coun. Stanton noted on Saturday, November 22, 2003 , excerpts from the Nutcracker would be performed at the Library. She suggested checking the City's Web site for full information.


Chief of Staff Linda Adlard displayed the new neighborhood signs that were going up around the City the first of the year. She explained each neighborhood had its own name and the signs would be placed on top of the street signs. She said about 140-150 signs would be placed throughout the City. She asked citizens to comment on how they liked the new neighborhood signs.


Mayor Drake called for a brief recess at 7:45 p.m.


Mayor Drake reconvened the meeting at 7:55 p.m.


Coun. Soth MOVED, SECONDED by Coun. Bode, that the Consent Agenda be approved as follows:

Minutes of Regular Meeting of October 13, 2003 , and the Business Roundtable Meeting of October 20, 2003 .

03249 - Transfer of Road Jurisdiction from Washington County to the City of Beaverton (Resolution No. 3738)

Coun. Stanton noted she was not at the October 13, 2003, meeting so she would abstain from voting on those minutes.

Question called on the motion. Couns. Bode, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0) Coun. Stanton abstained from voting on the October 13, 2003 , minutes as she was not at that meeting.


03250 - Natural Hazards Mitigation Plan

Emergency Manager Mike Mumaw introduced Andre LeDuc, Director, Oregon Natural Hazards Workgroup, University of Oregon , and Scott Doyle, Project Coordinator, Oregon Natural Hazards Workgroup. He explained in August, 2002, Council approved having the University of Oregon Natural Hazards Workgroup work in coordination with City staff to develop the Natural Hazards Mitigation Plan for the City. He gave recognition to all the members who worked on the plan.

Mr. LeDuc explained natural hazards mitigation was any sustained action taken to reduce or eliminate long-term risks to people and properties from natural hazards and their effects. He noted this included structural and non-structural activities, such as retro-fitting buildings, and educating citizens about safety measures, such as securing bookcases. He stressed the importance of these plans to protect citizens, create disaster-resilient economies, and meet federal laws. He noted communities have until November, 2004, to adopt their plans, in order to be eligible for grant funding. He then reviewed in detail how the plan was developed through the cooperative efforts of several agencies (in record).

Mr. Scott Doyle reviewed the elements, goals and Table of Contents of the Plan (in record). He noted each action item had specific mitigation project ideas and within each hazard-specific chapter there were specific action items. He noted these were broken down into actions, responsible agencies and timelines for action. He explained the Plan, once approved, would be implemented through a coordinated partnership to develop a multi-hazard strategy, reduce risk and incorporate actions identified in the Plan with other planning mechanisms when appropriate (used existing systems to build upon mitigation measures). He noted each of these items would be implemented based on funding, political realities, cost benefit analyses and other factors. He advised reviewing the Plan every five years based on FEMA criteria.

Coun. Bode referred to Section 2, page 15, Transportation and Commuting, and asked about the strength of the data presented in the Plan. She noted it suggested approximately 40% of the population in Washington County commuted to a destination and 71.5% of workers drove alone. She noted the Plan identified that Scholls Ferry Road was already congested with a high traffic volume. She asked how they would begin to handle that situation and how solid was the data.

LeDuc replied it was solid data based on the 2000 census data.

Doyle explained there was a cycle one went through in a disaster and the elements Bode referred to were related to response. He explained the City was working on an Emergency Operations Plan that addressed these transportation issues and this Plan brought mitigation into the emergency planning process.

Coun. Soth said he had not seen a reference to the establishment of neighborhood rapid response teams. He noted people in neighborhoods were trained to respond to emergencies and that could be part of mitigation. He asked what the neighborhood response would be in case of an emergency such as a volcanic eruption or a huge rain or snow event.

Mumaw explained Beaverton 's Community Emergency Response Team (CERT) Program was up and running; the first team graduated November 1, 2003 , and there were twelve members on that team. He clarified that this Plan was based on Washington County 's Plan; it included existing agencies and brought them into a partnership relationship. He said they worked together to identify mitigation activities that benefited the whole area. He stressed the City had always done a lot on mitigation; this Plan put all of that preparation into one document and identified all the stakeholders in the region. He concluded it was a cooperative effort.

Doyle explained the Plan identified chronic and catastrophic hazards. He noted eruptions would fall into the catastrophic category and the Plan identified what needed to be done in partnership with others.

Coun. Stanton said she hoped the Plan was not written to meet the worst case scenario (100-year event) in every situation and asked staff for reassurance on that point.

Mumaw replied it was not.

Coun. Stanton noted page 2-14, referred to Washington County 's largest public and private employers, but only listed the private employers.

Doyle explained it should only refer to private employers.

Coun. Stanton asked if the Plan would come up for a one year review or a five-year review.

Mumaw explained FEMA required the Plan be readopted every five years. He said the Plan would be reviewed annually and readopted every five years. .

Coun. Bode asked if this Plan and the Emergency Response Plan would come up for review in tandem.

Mumaw replied they were on different cycles. He noted the Emergency Response Plan would come to Council this spring.

Coun. Ruby asked if the Emergency Response Plan dealt with non-natural hazards and emergencies.

Mumaw replied it was an all-hazard plan. He said the Emergency Response Recovery Plan had about twenty functional annexes that dealt with specific functions such as evacuation. He added this was an all-hazard plan with appendixes that dealt with specific hazards, such as fire, flood, earthquake, terrorism.

Coun. Ruby stated he liked that the Natural Hazard Mitigation Plan had a coordinated action plan for each type of natural disaster. He said he thought this was an effective means for addressing other disasters such as a train derailment or chemical spill.

Mumaw explained currently the legal requirements were for a Natural Hazard Mitigation Plan. He said the City could use the format of this Plan and develop a man-made hazard section, dealing with hazardous materials.

Coun. Stanton noted that some of the risk assessment scores were asterisked (under Hazards: Actions Items) and she could not find what the asterisk referenced.

LeDuc explained the scores used in the Plan were taken from the City's Business Continuity Plan. He noted the asterisked scores were taken directly from the Business Continuity Plan and the ones with asterisks were modified.

Mumaw explained that City staff had been developing the City's Business Continuity Plan over the past two years and that it was nearly ready to be presented to Council. He said part of the planning process included a detailed risk assessment which provided a numeric score for the various hazards. Since some of the scores were relative to just City facilities, they had to be extrapolated to be applicable for the entire City. As an example, he noted, there were areas in the City that flooded more regularly than City facilities, so staff applied the score values for the general areas of the City; these compiled the asterisked scores. He noted the asterisk definition would be added to the revised Plan.

Coun. Stanton asked what Beaverton Business Continuity Plan meant.

Mumaw explained this was a government continuity plan that outlined how the City would continue to do business after any event, large or small.

Coun. Stanton thanked Mumaw and the consultants for developing this plan. She noted it was hard work.

Mayor Drake noted the City was very effective in obtaining grants. He said there were grants available for some of this work and asked if there were any grant opportunities that addressed seniors' needs, so that they could have mitigation measures done in their own homes.

Doyle said this was a broad based partnership and they worked throughout the state to bring groups together and find funding opportunities. He said they were looking at bringing these programs into Oregon and they had worked with private foundations for funding.

Mayor Drake offered City resources to help find these programs.

Doyle explained State Farm had an earthquake manual that could be provided to the City for citizens.

Mumaw explained they hoped to involve the CERT teams in non-structural mitigation activities, particularly in the homes of seniors.

Mayor Drake said some of the Mayor's staff delivered Meals on Wheels to seniors in their homes. He said last week they were delivering a meal to one of the homes and found an elderly woman who had broken her leg and was unable to move. He said she had been there for several days. He said this incident indicated there were great opportunities to improve safety in seniors' homes and he hoped funding could be found for mitigation improvements. He thanked them for the presentation and noted the Plan would come back in December for approval.


Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinances embodied in Agenda Bills 03251 and 03252 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, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

City Attorney Alan Rappleyea read the following ordinances for the first time by title only:

03251 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 1500 NW 167 th Place; CPA 2003-0011/ZMA 2003-0013 (Ordinance No. 4276)

03252 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 9730 SW Cynthia Street; CPA 2003-0014/ ZMA 2003-0018 (Ordinance No. 4277)

Second Reading :

Rappleyea read the following ordinances for the second time by title only:

03239 - An Ordinance Annexing Property Generally Located at 1500 NW 167 th Place to the City of Beaverton : Expedited Annexation 2003-0007 (Ordinance No. 4272)

03240 - An Ordinance Annexing Property Generally Located at 9730 SW Cynthia Street to the City of Beaverton : Expedited Annexation 2003-0010 (Ordinance No. 4273)

03241 - An Ordinance Amending Ordinance No. 4187 Figure 6.4, the Functional Classification Plan and Table 6.6 of the Comprehensive Plan, Removing the Neighborhood Route Street Classification to a Portion of NW Cambray Street between NW 183 rd Avenue and NW 185 th Avenue, Further Reclassifying that Portion of NW Cambray Street between NW 180 th Avenue and NW 183 rd Avenue from a Neighborhood Route to a Local Street: CPA 2003-0004 (Ordinance No. 4274)

03242 - An Ordinance Amending Ordinance 2050, the Zoning Map, from Urban Standard Density (R7) to Urban Medium Density (R4) ZMA 2003-0007 (Ordinance No. 4275)

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 03239, 03240, 03241 and 03242, now pass. Roll call vote. Couns. Bode, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 8:40 p.m.

Sue Nelson, City Recorder



Approved this 1st. day of December, 2003.

Rob Drake, Mayor