BEAVERTON CITY COUNCIL
REGULAR MEETING
APRIL 5, 2004

CALL TO ORDER:

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, April 5, 2004 , at 6:38 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 Alan Rappleyea , 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 Nancy Bates , Police Chief David Bishop, Principal Planner Hal Bergsma , Transportation Engineer Randy Wooley , Senior Planner Barbara Fryer , and Deputy City Recorder Catherine Jansen.

PROCLAMATIONS:

Mayor Drake proclaimed National Community Development Week, April 12-18, 2004 and Arbor Week, April 4 - 10, 2004 .

PRESENTATIONS:

•  Westside Police Activities League Presentation

Jill Showalter, Executive Director, Westside Police Activities League (PAL), introduced Jason Hess, President and John White, Vice President PAL Board of Directors, and Rick Warren, PAL Board Member. She explained PAL Program was established in 1997 and was launched in the City of Beaverton in 1998 by the City Council and Founder Police Chief David Bishop. She said PAL started in a small building at the corner of Watson Avenue and Farmington Road where it had served fifty children. She reported in 2003 PAL revised its Mission Statement to clearly illustrate the focus to juvenile crime prevention. She explained PAL worked with local law enforcement agencies and the schools to inhibit juvenile crime. She said the National Office of Juvenile Justice reported it cost $500 annually for a child to participate in PAL; compared to $35,000 annually to incarcerate a youth in Oregon . She presented a slide show on the history of PAL.

Showalter explained PAL provided nationally-proven juvenile crime prevention programs for its members. She said the PAL Youth Center , at the corner of Hall Avenue and Allen Boulevard , was in one of the neediest areas in Beaverton . According to Police Department records in 2002 over 50% of all calls for police service were within a one-mile radius of the PAL Center .

Showalter explained PAL provided programs for the underserved youth in the community. She reviewed PAL's demographics (in record). The major points she noted were: an average of 105 youths attended the PAL Center daily; 68% of the members came from low income families; the largest age group served was the 9-12 year olds which made up 46% of PAL's membership; and 79% of PAL members attended Beaverton School District, with the rest coming from Washington County and SW Portland. She noted PAL programs were available to all ages between 8 and 18; the annual membership cost was $5.00 per child or $10 per family. She said the PAL Center was open Monday through Friday from 2:30 p.m. to 8:00 p.m. and on non-school days from 7:30 a.m. to 6:00 p.m.

Showalter acknowledged the strong collaboration PAL had with other agencies and businesses in the development of its program. Programs provided from these partnerships included: IBM's E-Mentoring Program; Metropolitan Family Services' Foster Grandparent Program; Oregon Food Bank's Boys Boot Camp; National Hockey League's Street Hockey Games; McDonald's Monthly Birthday Parties; and the USDA's Free Lunch Program through the Beaverton School District .

Showalter reviewed PAL's annual budget. She noted low rent from the City and in-kind funding from corporate and community partners and individual donations supported the PAL Program. She said some examples of in-kind support included donated space from the School District for summer camps, bus transportation from schools to the PAL Center , free dance classes from the Washington County Family Arts Center , computers, printers and technology for the IBM and Intel rooms, product donations and incentives from Nike, and sponsorships for holiday families. She added PAL relied heavily on volunteers. She said PAL's budget had increased from $10,000 its first year to $400,000 this fiscal year. She reviewed the expenditure and funding sources in detail (in record). She stressed funding was a major concern. She said with the help of its community partners, PAL found the resources needed to meet the needs of its growing membership. She explained a recent fundraising effort by Safeway raised over $30,000; they were grateful for the community's support.

Showalter explained in an effort to increase funding from personal donations, PAL offered direct debit and on-line donation services. She said other highlights noted were: the hiring of a part-time financial manager; tax filings were up to date; two audits were recently conducted with no findings reported; the By-laws were updated; PAL now had three full-time and seven part-time employees; and the Board was actively recruiting for new members. She noted PAL served over 1,000 youth in the last five years and last year over 8,000 volunteer hours were logged. She urged interested individuals to volunteer and support PAL through advocacy, recruitment of Board members and financial support.

Coun. Soth congratulated PAL on the success of the program. He said at a recent National League of Cities Conference in Washington , D.C. , many cities in the country were focusing on youth, through programs similar to PAL, to help keep them constructively occupied and boost their self esteem.

Coun. Doyle said he served on the PAL Board and it was a pleasure to do so. He stated the financial struggles experienced by PAL were real. He thanked Safeway for its fund-raising effort which helped PAL break even this year. He encouraged citizens to volunteer and said the volunteers made a great impact to the program and youth.

Mayor Drake thanked them for the presentation.

•  Tualatin Basin Goal 5 Project Update

Senior Planner Barbara Fryer presented an overview of the Tualatin Basin Goal 5 Natural Resources Planning Process. She explained the Tualatin Basin Partners was a coalition of local governments working with Metro to meet Federal and State requirements for the Endangered Species and Clean Water Acts. She reviewed in detail the work conducted under Goal 5 and explained the goal of the project was to improve the health of the Tualatin River Basin .

Fryer summarized the three steps of Goal 5 Planning Process, as follows.

Step 1: Inventory of Goal 5 Resources . Metro completed the inventory for the entire region, focusing on stream corridors and wildlife habitat. The Tualatin Basin Partners were creating the baseline to determine the current health of the Tualatin Basin .

Step 2 : Conflict Use Analysis . She said the second step identified conflicting uses that impacted a particular resource. She said they would analyze the Economic, Social, Environmental and Energy (ESEE) consequences of allowing, limiting or prohibiting conflicting uses within the impact area and the actual resource. From that analysis, an Allow/Limit/Prohibit (ALP) Map would be developed that showed the ALP areas.

Step 3: Development of a Program to Achieve the Goal . She said in the Program Development the goal was to resolve the conflicts.

Fryer explained they were currently at Step 2; the ESEE analysis. She said Metro had 27 regional sites it was reviewing as part of the ESEE analysis; 11 of those sites were in located in Beaverton . She said two open houses were held in March to inform the community of the ESEE analysis; approximately 250 people attended the open house events. She said a public hearing was held on March 29, 2004 , by the Tualatin Basin Natural Resources Coordinating Committee (elected officials group) to receive testimony on the current phase of the project. She said the Coordinating Committee will be making a decision on this process on April 12, 2004 .

Fryer said a public hearing was scheduled for August 2, 2004 , in Hillsboro , concerning the Development of a Program (Step 3). She said a final decision on this step would be made August 16, 2004.

Fryer said the last step was for Metro to review the program and determine whether the terms of the Metro-Tualatin Basin intergovernmental agreement had been met. She said once the program was adopted, each jurisdiction had 180 days to adopt ordinances that would affect individual property owners. She said this would occur in 2005/2006.

Fryer said the Council packet included the staff's recommended adjustments to the Tualatin Basin ALP Map. She stated staff also identified unique circumstances within local sites. She reviewed in detail the methodology of the ESEE Approach and the categories of the conflicting uses and resources (in the record). She said an Allow Decision meant conflicting uses were permitted but existing rules would apply; a Limit Decision meant conflicting uses were limited based on the nature and severity of the impact and existing rules would apply; a Prohibit Decision meant conflicting uses within the resource area were prohibited. She stated there weren't any Prohibit Decisions in the Tualatin Basin at this time. She reviewed the categories established to allow adjustment of the ALP Map (in the record).

Fryer said at the March 29, 2004 , public hearing people expressed concern regarding: approved and committed development; the ability to continue farming; property compensation and what it meant to be in one of these areas. She said some of the concerns were: there weren't any resources on their property; not enough resources being protected; buildable lands and the ability to maintain an adequate supply of affordable housing; urban/wildfire interface; ecosystem services; and livability.

She reviewed the proposed program tools. She said regulatory tools included design guidelines, regulations and revenue; non-regulatory tools included technical assistance, acquisition and/or restoration, education and outreach, incentives or compensation. She concluded by noting these tools would be part of the final program.

Coun. Soth said this process was unique as Washington County was the only county in Oregon that was drained by one river system. He said this was why the Tualatin River was a good laboratory for these studies. He said the Tualatin River was cleaner now than when he swam in it 75 years ago, though there was still a lot to do.

Coun. Stanton said she attended the March 29 public hearing and the list of comments presented from the hearing was well done. She added there was a comment concerning the livability of this area which was a good reason fo r b usinesses to locate here, and noted several people encouraged education and outreach.

Mayor Drake said he attended the hearing and over 40 people testified. He said a number of people testified that they did not think the maps were accurate. He said he understood the initial assessment on the map was from an aerial photograph, so it might not have been as accurate as if it were done from a walking inspection. He said he had not heard comments about areas in Beaverton . He asked if staff was contacted about the map and was it updated for Beaverton 's riparian areas.

Fryer replied that was correct though some Beaverton areas were still not quite correct on the map. She said Metro would do a global map amendment process and the Tualatin Basin Partners would submit specific map corrections to Metro as a group.

Mayor Drake expressed concern that the process be flexible and not locked in stone, so corrections could be made if needed. He noted the holly farmers were concerned Goal 5 would rob them of the opportunity to farm. He asked if that would be corrected through the process.

Fryer said it would be corrected and that they anticipated having specific allowances within the program for farming and forestry practices to continue. She said many of those areas were outside the Urban Growth Boundary and they anticipated having incentives and other types of programs for agricultural uses so that they might preserve more of the stream corridor. She said they did not anticipate this affecting the holly farmers as much as was heard at the hearing.

Mayor Drake said he was concerned about property compensation. He asked what further exploration there was for compensation or incentives to maintain both a healthy economy and protect the riparian areas.

Fryer replied some revenue source was anticipated with this program, such as a regional bond issue or fees, to fund acquisition. She said that issue would be fully studied.

Mayor Drake noted some people were reaching the end of their careers and did not wish to continue farming. He said they were concerned Goal 5 would tie up their land and they would not be able to develop it to provide for their retirement.

Fryer said this program anticipated everyone having the ability to develop their property at least to the minimum level; they would not prohibit development without acquiring the land. She said that was why there wasn't a prohibit recommendation on any of the properties.

Coun. Bode asked if the Partners would develop a list of definitions that everyone would work from; specifically a definition of riparian area . She also asked for a projection on the depth of the education in the education/outreach process.

Fryer explained for this project, Metro defined riparian as having six different functional values; a number of widths from a stream corrido r b ased on a functional value. She said that was why there were some inaccuracies on the map; the functional value may not be occurring on that property any longer. She said concerning the education/outreach portion they were looking at several options. She said many areas benefited from citizens learning how their activities affected the natural stream corridors. She said one of the biggest pollutants in the river today was the run-off from lawn fertilizers. She said they believed education/outreach would significantly impact people's behavior, once they leaned how thei r b ehavior affected the watershed.

Coun. Stanton explained Title 3 and Goal 5 to the audience and the Tualatin Basin Partners were doing this project because it was mandated by the Federal government to protect the steelhead and salmon.

Fryer advised that information on this project was available on the City's Web Page.

BREAK:
Mayor Drake called for a brief recess at 7:40 p.m.

RECONVENE:
Mayor Drake reconvened the meeting at 7:49 p.m.

CITIZEN COMMUNICATIONS:

There were people in the audience who wished to speak on the Tualatin Hills Park and Recreation District's proposed annexation.

Mayor Drake said he would allow testimony although at this time the Park District had not advanced one final idea and the City's discussions with the County concerning an Urban Services Agreement was at a very liquid stage with many unresolved issues. He explained this item was not before the City Council at this time.

Hal Murdock, President, Claremont Civic Association, said Claremont was a senior adult community with 556 households. He submitted a letter from the Association's Board of Directors stating the Board's and homeowner's opposition to the voting process the Park District chose for this election. He said the only fair voting method would be the double majority where a majority of the voters in each area must agree with the proposal. He asked that the Council not sign an Urban Services Agreement with the District until the District developed a fair annexation plan. He stated the noticing on this issue was insufficient; residents were not surveyed to determine if they wanted or needed the District's services, and a forced annexation for a non-essential service would not persuade voters to approve future tax increases for essential services. He concluded the District's proposal was unfair and unwise.

Coun. Soth explained the double majority in the State statutes said it was 50% of the registered voters in an area and 50% of the owners of property in that same area. He said the double majority Murdock referred to was a different type of double majority. He added the City was required to finalize these Urban Services Agreements with all participating agencies.

Cindy McFarlane, Satterberg Heights , Beaverton , stated she felt this was her decision and those who lived in the Park District should not have a say as to whether or not her area would be annexed. She said of the three parcels the District owned in Satterberg Heights, it gave one back to the homeowners association and the other two it had not maintained; one was full of poison oak and the other went back to its natural state. She said she supported funding essential services but if she had to pay taxes to the District she could not afford future increases for police, fire, or libraries.

Rich Nassif noted his opposition to the District's proposal on a testimony card.

Jim Poland, representing the Oak Hills Homeowners Association, Cornell/Bethany area, stated their neighborhood had its own extensive recreational facilities which were maintained through their homeowners' assessment. He stated the residents of this area were adamantly opposed to the process proposed by the District as it was unfair. He thanked Coun. Ruby for his remarks at the District's public hearing on this issue.

Kathryn Sayles, Cooper Mountain , Aloha, stated there wasn't a problem with SB 122; the problem was how the District chose to interpret ORS 195. She stated the District's interpretation was not the only one available and it was not law. She said this was a matter of self-determination and the District chose the single-majority process because the other method would not be successful. She asked that Council not sign the Urban Services Agreement. She submitted her written testimony for the record.

Bill Bugbee, representing the Alta Vista Homeowners Association, Cooper Mountain , stated he wanted to see the District's proposal voted down by the Council. He said the single-majority methodology deprived them of a fair vote on this issue and had economic consequences attached to it. He urged Council to reject the annexation.

David Stein, Cooper Mountain , stated this was a matter of tax dollars. He noted the tax rate for Tualatin Valley Fire and Rescue was $1.52/$1,000 and if the Fire Department was called you did not have to pay a user fee and no other fees were attached. He said there was concern over the taxes for this non-essential service.

Jorge Carbo, Sexton Mountain , said he did not want to see the Council associating itself with this unfair process. He stated he supported funding essential services, but this was not an essential service. He added the tax burdens were already high and he preferred to see the funds this generated spent on other programs. He noted there wasn't a survey to determine if the residents in these areas wanted to be annexed and he had not heard anyone support this proposal. He asked the Council to oppose proposal and thanked Coun. Ruby for his comments at the public hearing.

Henry Kane, Beaverton , stated he was trying to keep the Park District out of expensive legal problems and noted he would be working on this issue. He said he preferred that his Park District taxes be spent on programs and not legal fees.

Barton Weaver, Kaiser Ridge area, stated he learned of this issue from a friend; he did not receive any notification from the District. He said he circulated a petition and spoke to 46 people about this issue; of those 46, 43 opposed the voting method and the annexation. Most of them said they could not afford the additional taxes. He said five of the people were out of work and two of those had been out of work for two or more years. He noted economic problems were affecting all levels of the society and this was not the time to impose additional taxes through annexation. He asked that the Council reject this plan. He submitted a copy of his testimony for the record.

Jack Millay, Cooper Mountain , stated he felt this was the worst move he had seen government try to do to him as a citizen. He said it was easy for the Council to say the voting method was not its problem, but he thought it was. He compared this to Portland trying to take over Beaverton . He stated this was the City's opportunity to re-establish trust in local government and to ignore this issue would increase distrust. He urged Council to look at this issue to ensure fair treatment of all citizens.

Bob Spivey, Hartung Farms, said he moved to Hartung Farms because he wanted to live in open space with large lots. He stated this development has extensive open space, a six-acre lake, forests, swimming pool, club house and trails. He said he paid taxes to the County to support other services. He said he found it strange that he was paying $950 annually to use his facilities and now the Park District wanted to access him an additional $540 from taxes. He said in addition the District had not disclosed there was an additional $210 in-District fee to use all the District's services. He noted the total cost for the District would be $750 and the actual rate for the District equated to $2.03/$1,000. He said this was unfair and it was a very high tax for services he did not need for he was already paying for these services. He stated the process was flawed and the residents of Hartung Farms would appreciate Council's vote to change this.

COUNCIL ITEMS:

There were none.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of the Special Meeting of March 11, 2004 and the Regular Meeting of March 15, 2004 .

04049 - Liquor License Application: Greater Privilege - Koreana Restaurant

04050 - Boards and Commissions Appointment Alan DeHarpport for Planning Commission

04051 - Allocation of Traffic Enhancement Program Funds to Additional Projects for Traffic Calming, Accessible Pedestrian Signals, and Advance Street Name Signing

04052 - Traffic Commission Issues No. TC 544-546

04053 - Transfer of Road Jurisdiction from Washington County to the City of Beaverton ( SW 150 th Avenue from SW Walker Road to SW Surrey Street ) (Resolution No. 3752)

04054 - Transfer of Road Jurisdiction from Washington County to the City of Beaverton (SW Barrows Road from SW Walnut Street west to the B.P.A. Power Lines) (Resolution No. 3753)

04055 - Transfer of Road Jurisdiction from Washington County to the City of Beaverton (SW Barrows Road from SW Scholls Ferry Road East to the B.P.A. Power Lines) (Resolution No. 3754)

Contract Review Board:

04056 - Bid Award - Purchase One (1) New Trencher/Backhoe

04057 - Consultant Contract Award - Fluoride Distribution Analysis and Disinfection Byproducts (DBP) Analysis for the City's Drinking Water System

04058 - Bid Award-Cedar Hills Boulevard Utility Improvements Phase 2

04060 - Selection of Primary Vendors for Computer Units, Network Devices, Scanners, Printers and Replacement Parts

Couns. Ruby and Stanton stated they would abstain from voting on the March 15, 2004 Minutes as they were not present at that meeting.

Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Couns. Ruby and Stanton abstained from voting on the March 15, 2004 Minutes as they were not present at that meeting.

ORDINANCES:
Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinance embodied in Agenda Bill 04059 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 :
City Attorney Alan Rappleyea read the following ordinance for the first time by title only:

04059 - An Ordinance Adopting TA 2004-0001 to Amend Development Code Section 10.70 (Enforcement) (Ordinance No. 4294)

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

04044 - An Ordinance Amending Ordinance No. 4187, Figure III-1 (Volume I), the Comprehensive Plan Land Use Map, the Significant Natural Resources Map (Volume III) and Ordinance No. 2050, the Zoning Map for Property Located at 12345 NW Barnes Road (Teufel Property); CPA 2003-0017/ ZMA 2003-0019 (Ordinance No. 4292)

04045 - An Ordinance Implementing the Comprehensive Plan to Create Teufel Property Review Procedures (Ordinance No. 4293)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinances embodied in Agenda Bills 04044 and 04045, now pass. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

OTHER BUSINESS:

Coun. Doyle MOVED, SECONDED by Coun. Ruby that Council approve the request from the Vose NAC for a waiver of the appeal fee ($620) paid by the NAC for the Holland Park appeal. Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

EXECUTIVE SESSION:

Coun. Soth MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660(1)(e) to deliberate with persons designated by the governing body to negotiate real property transactions. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

The executive session convened at 8:35 p.m.

The executive session adjourned at 8:37 p.m.

The regular meeting reconvened at 8:37 p.m.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:37 p.m.

APPROVAL:

Approved this 19th day of April, 2004.

__________________________________
Rob Drake, Mayor