MAY 10, 2004


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, May 10, 2004 , at 6:35 p.m.


Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Also present were City Attorney Alan Rappleyea , Chief of Staff Linda Adlard , 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, Emergency Manager Mike Mumaw , Landscape Manager Steve Brennan and City Recorder Sue Nelson .


Mayor Drake proclaimed Emergency Medical Services ( EMS ) Week, May 16 - 22, 2004 , and Peace Officers' Memorial Day, May 15, 2004 .

Shane Ryan, Control Center Supervisor at Metro West Ambulance, introduced Brook Landgraf, Emergency Medical Dispatcher. Ms. Landgraf said Metro West provided ambulance service in Oregon since 1953 and they were honored to serve the community. She said the proclamation before Council was important to the emergency medical services workers in the community. She thanked Council for their support of the EMS services in Washington County . She invited the Council to an EMS Barbecue on Friday, May 21, 2004 , at 4:00 p.m. in Hillsboro .

Ryan presented a plaque to Mayor Drake honoring the City for its support of EMS .

Coun. Soth stated as Board Chair of the Washington County Consolidated Communications Agency (WCCCA), that represented 19 different agencies, he extended their appreciation for the close working relationship between WCCCA and Metro West Ambulance.


04087 - Presentation of Shields and Swearing In of Newly Appointed Captain and Lieutenant to the Beaverton Police Department

Police Chief Dave Bishop swore in Captain Ed Kirsch and Lieutenant Steve Stevenson, both of whom were promoted from within the Police Department. He thanked the officer's families and friends for their support of these officers.

Mayor Drake presented the shields to the officers.

04088 - Tree City USA Award

Urban Forestry Manager Steve Brennan introduced Mike Capretta, Oregon Department of Forestry/National Arbor Day Foundation.

Capretta said it was his pleasure to present the City with the Tree City USA Award. He stated this was the tenth year the City had received this award and it was a sign that the community cared about and recognized the importance of trees. He explained the City had met the four criteria established by the National Arbor Day Foundation to receive this award (1) tree care ordinance (2) program on tree care (3) program expenditure of $2.00 per person to care for the trees (4) Arbor Day ceremony held each year. He explained the benefits of the urban forest in reducing air pollution and cooling costs, acting as noise reduction buffers and adding to the livability. He noted a recent study determined that hospital patients who could view treed areas from their windows recovered faster than those who looked out at treeless areas. He presented the award to Mayor Drake.

Coun. Soth asked why some of the white birch trees throughout the community were dying.

Brennan explained there was a brown birch bore that was eating them.

Coun. Stanton confirmed the Tree Care Program spent $2.00 per person/per year on tree maintenance and all the City's budgeted funds for tree care were credited to this program.

04089 - Update on Regional Economic Development Partners and Metropolitan Economic Policy Task Force

Economic Development Manager Janet Young updated Council on the Regional Economic Development Partners (Regional Partners) and the Metropolitan Economic Policy Task Force (Task Force). She reviewed how the Regional Partners and Task Force were formed (in record). She explained for ten years the Regional Partners was an informal organization that worked on business recruitment/retention; it was now a formal non-profit organization with 27 members. She explained the Task Force was a high-level public/private Bi-state Committee ( Oregon and Washington) which was chaired by Mayor Drake. The Task Force spent six months in 2003 examining regional plans and strategies, to find common themes, gaps and opportunities for economic development. She summarized the findings of the Task Force (in record) which included: 1) The region operated in a global economy and competition for services was also global; 2) Local strategies were good but insufficient and there was no comprehensive regional economic strategy; 3) It was important to focus on industry clusters; and 4) Marketing of the region was poor.

Young explained the Framework Plan created by the Task Force was intended to be the starting point for discussion and action. She said the Task Force endorsed a Six-Month Work Plan by the Regional Partners to begin work on the Framework Plan. She reviewed the Six Month Plan and what had been accomplished to date (in record).

Young explained the importance of focusing on business clusters. She said industries that had a significant presence in research and development, held the most promise for the long-term growth of companies in this area. She said the Portland Business Alliance had taken the lead in marketing and created a campaign called the "Campaign for Greater Portland." She said the Alliance was in the fundraising process and would be announcing more on this effort in the middle of 2004. She noted from the market perspective, Portland was not on the national corporate "radar screen" and it was important to be on that screen.

Young concluded by noting the Regional Partners were currently working on its 2004 Work Plan and on some of the startup efforts which were still underway for this group. She said the Task Force, because it was created by a grant which had concluded, received its final report in April. She said the Task Force members had a desire to stay involved in the regional economic issues and discussion was currently underway to see how that would work.

Coun. Soth asked if the Task Force was actively involved with Metro, particularly during discussions on the additions to the Urban Growth Boundary, and if it had input on this issue from the region's chambers of commerce.

Young replied the Regional Partners group was more involved in Metro's regional issues than the Task Force. She said the chambers of commerce were involved less directly than other member organizations.

Coun. Stanton asked if the Task Force created the Framework Plan and had it presented by the Regional Partners.

Young explained the Regional Partners wrote the grant to create the Task Force; the Task Force then had the Regional Partners do most of the work that came back to the Task Force, including the report which was written by the Regional Partners.

Mayor Drake added that Ethan Seltzer, Director of Institute of Portland Metropolitan Studies at Portland State , handled oversight and organization for the process to develop the Framework Plan. He said the members of the Regional Partners group were highly-skilled economic development professionals from the public and private sectors.

Coun. Stanton referred to page 12 of the Six Month Plan and asked what was meant by "expand the regional tax base."

Mayor Drake said it meant a broader tax based was created with the expansion of healthier businesses, and full employment meant more corporate and individual taxes were paid.

Coun. Bode stated that as the Regional Partners looked at positioning this area for economic development, it brought up the question of livability. She noted the Regional Partners had not identified the key elements of livability that would be compatible with economic development. She asked if the group was moving in a direction where it could articulate that.

Young replied that the Framework Plan was an overarching document that was the first stages in a vision for an economic development policy for the region. She said the Regional Partners were beginning to look at implementing some pieces of the Plan. She said the Regional Partners group would need to grow a bit more before it would be in a position to handle all elements of a Framework Plan, including livability. She added that looking at overall strategies in a region for economic development, required a much more extensive way of engaging people in the region. She said that was why the Framework Plan was called a first stage vision of what a regional economic policy document would look like. She said it will take time to determine if there was enough interest in the region to go through these steps. She said the agencies that have an economic development strategy, such as Beaverton , have an important livability component that they work on in various ways. She said she did not think that would be a top issue in the Regional Partners work plan for the upcoming year though the point might be made that livability flows from some of the work that was accomplished.

Coun. Bode noted the Framework Plan acknowledged the value of livability and they needed to look at the interdependent relationship between elements of livability that were compatible with certain types of economic development. She said it was interesting that there was a Framework and yet there was no hint of the type of industries being considered. She said the Framework had not capsulated the direction in which industrial development was headed. She said she was anxious to see the continuing work of this group.

Mayor Drake said some felt there was a strategy and some were concerned that Metro might try to handle this broader economic development task by itself. He said the general consensus was that the partnership between public and private covered a lot of the interests and the idea was to bring all these interests together. He concluded there was a broad framework and the process had started.

Coun. Doyle said the whole concept was over due and he complimented everyone who took the time to get involved. He said he supported the on-going efforts and noted this had to be done in an organized fashion. He asked if the City of Vancouver was included.

Young replied the City of Vancouver had not joined the formal non-profit Regional Partners group, though it had been a member of the informal group. She said the Columbia River Economic Development Council (Washington) was an active member.

Coun. Doyle said that Vancouver was a major player in this region and said he hoped the City would join. He noted this was exciting work.

Coun. Bode noted that Commissioner Pridemore from Clark County was on the Task Force from the beginning and he brought the County perspective to the Task Force.

Coun. Stanton asked if the Columbia Corridor Association was on the Task Force.

Young explained the Columbia Corridor Association was going through some internal changes and had a new director; she said the Association participated in past discussions though they had not participated recently. She added that a new organization was formed in the east county (Gresham, Fairview , Troutdale) which may become a member in the future.

Coun. Stanton asked if the Portland Development Commission was a stand-alone agency.

Young explained the Portland Development Commission was the Urban Renewal Agency of the City of Portland ; it was created by the City and had a separate Board. She said the City of Portland was represented by the Commission in the Regional Partners group.

Coun. Stanton asked why Yamhill, Columbia and Clark Counties were not partners although they were on the map.

Young explained the map represented the six-county metropolitan statistical area because that was the economic region. She said jobs and dollars were flowing in that region so they had discussions with them about representation, which will probably happen in time.

Coun. Stanton noted the Council had provided funding for many regional issues. She asked if the five million dollars would be assessed to all the players or would it come from grants.

Young replied the Portland Business Alliance, through the Campaign for Greater Portland, was raising the five million dollars from the private sector.


Mayor Drake called for a brief recess at 7:30 p.m.


Mayor Drake reconvened the meeting at 7:35 p.m.


Reverend Ja West, Beaverton , said the education system had gone down hill and she was proud of her work for her religion. She stated Council Soth had not received the recognition he deserved for the many years he served the City; she thanked him for his service to the City. She added she was voting for Justice Supreme Court Judge Roy Moore for president.

Pavel Goberman, Beaverton , said he applied for a Concealed Weapons Permit which was denied by the Police Department. He questioned why the permit was denied.

Lynne Campbell, Lake Oswego , stated that on May 17, 2004 , a class action law suit against the California Department of Health Services was going to trial to challenge the constitutionality of using contaminated, industrial grade chemicals for fluoridation. She said it would be shown that fluoridation of public water did not reduce tooth decay and ingestion of fluoride had no effect on dental caries. She said key players from Christopher Bryson's book "The Fluoride Deception" would be witnesses in the law suit. She urged the Council to delay implementation of fluoridation in order to investigate Bryson's book and review the findings of fact from the California trial. She said if the Council chose to proceed, that it answer the following questions: 1) How will the City warn parents that their children are at risk for dental fluorosis if they use tap water to prepare infant formula. She noted she had three more questions that she would submit to Council. She submitted a copy of her testimony for the record.

Coun. Stanton asked who the class action suit was against.

Campbell replied the City of Escondido and the California Department of Health Services.

Allison Garrett, Beaverton , said she opposed putting fluoride in the drinking water and many Beaverton citizens were not aware this was being done. She asked that the money for fluoridation instead be used to help Beaverton citizens who were out of work. She said though she lived in Beaverton , she would not purchase a home in any area that had fluoridated water. She said she was a volunteer for the Beaverton Police Department and had a vested interest in the community.

Richard Crimi thanked the Council for supporting the Tree City Award. He read passages from Christopher Bryson's book "The Fluoride Deception" and submitted a copy of the book for the record. He asked that Council read the book and reverse its decision on fluoridation.

Susan Miller, Lake Oswego , said she was a teacher in Beaverton and she was writing a book on the biochemistry of emotions. She said she grew up where water was fluoridated and had fluoride treatments, yet she had 26 cavities. She said fluoride was the most electro-negative element in the periodic table; it wanted to combine with other electrons. She said because of this, it would affect other organs in the body. She asked that Council think this through carefully before proceeding.

Coun. Bode asked Miller where she taught school.

Miller said she taught French at Valley Catholic High School .

Alan Yoder, Beaverton , said his family decided if fluoride was added to the water they would install a filte r b ecause there were enough questions unanswered; they did not feel fluoridation was in the best interest of their children. He said forced mass medication was not the best way to advance society. He noted there were many ways to provide fluoride topically as individual applications and a mass application was not beneficial to the citizens.

Coun. Stanton asked if his children were immunized to School District and State standards.

Yoder said they had some immunizations and they were home schooled.

Coun. Bode explained the Councilors were also citizens of Beaverton and the citizens asked Council to implement the fluoride.

Yoder stated the vote was not an overwhelming majority.

Keith R. Slavin, Beaverton , said he became concerned about fluoride ingestion two years ago when he was diagnosed with osteosclerosis, also known as osteofluorosis. He said since then he had cutback on all fluoride sources and he was feeling better. He said deciding to fluoridate Beaverton 's water was a blow to him. He spoke on the detrimental effects of fluoride to body and reviewed how fluoride was present in the food chain. He asked that Council err on the side of caution on this issue.

Teresa Vogelsang, Beaverton , said the book "The American Fluoridation Experiment" written in 1957 was the first book regarding the misrepresentations of the benefits of fluoridation. She stated fluoride was in constant contact with the body (externally and internally) through water. She said fluoride was stored in the brain, absorbed into bones and was a proven factor in osteoporosis. She urged Council to reconsider fluoridating the water.

Claire Darling, Beaverton , stated UNICEF was the largest international organization devoted to children's welfare in the word. She quoted from UNICEF "While it has long been known that excessive fluoride intake carries serious side effects, scientists are now debating whether fluoride confers any benefit at all." She said people were already getting excessive doses of fluoride from food sources. She demonstrated with colored cups with different levels of fluoride to illustrate her point. She asked Council to reconsider this issue. She asked if the City chose to proceed, could a notice be put in the wate r b ills that fluoridated water should not be used fo r b aby formula or ingested by pregnant women.

Melissa Powers, attorney, Pacific Environmental Advocacy Center , Portland , said the Center was a non-profit, public-interest law firm that worked to protect the environment. She said she was not opposed to fluoridation until recently when she learned of the toxic nature of fluoride. She said there were significant reasons why the City should not fluoridate its water. She said under the Resource Conservation & Recovery Act, it was questionable if the City had the legal authority to use hazardous waste as a fluoridating agent. She said the Environmental Protection Agency (EPA) said it could authorize uncontrolled disposal of hazardous waste, based on the EPA's conclusion that these wastes were useful. She said this theory was not subjected to judicial review and was not based on any findings of safety. She said placing these hazardous wastes in drinking water may be an unlawful disposal of hazardous waste for which the City could be liable. She explained the Clean Water Act prohibited the discharge of a pollutant into water in the United States without a permit. She said the City and Clean Water Services had not gone to the Department of Environmental Quality to ask for modifications of their wastewater treatment permits or stormwater distribution permits, to regulate the fluoride that will be discharged through these systems. She said not doing this could put the City in a position of liability. She added that there may be liability under the Endangered Species Act because fluoride could cause harm to salmon. She urged Council to consider these legal implications of its decision to fluoridate and delay implementation until it has explored these environmental concerns.

Coun. Stanton thanked Powers fo r b ringing a new perspective to the discussion.

Tom Long, President of Citizens for Safe Water, Portland , stated new water regulations regarding toxic elements were being studied in the country today. He said fluoride was a toxic element, along with other elements that were under investigation. He stated new regulations would carry a cost to implement. He suggested, in consideration of the possible changes ahead, that there were ways to work together to protect the cities and the citizens. He asked Council to delay its decision to fluoridate until this new information was available.

Marilyn Melvin, Beaverton , said she had severe kidney and liver problems. She said she grew up with fluoridated water and she was now extremely allergic to fluoride and it was hard to live with this condition. She said she used to be active in the neighborhood association and she was emotionally attached to Beaverton . She asked Council to look at this furthe r b efore others developed health problems.

Coun. Stanton asked Melvin if she would have to move from the area.

Melvin said that she was so allergic to fluoride that she couldn't even shower in fluoridated water. She said a water filter system for her house would cost about $4,000.

Susan Anderson, Beaverton , said she echoed everything that was said. She noted she lived on 99 th Street , just outside of the City and Beaverton was their home. She stated she was not an anti-fluoride person; she was concerned about the decision to add something to the water as a treatment for people, rather than to make the water safe to drink. She said she sold water filters and fluoridation could increase her business, but she would rather not have to sell water filters to individuals who would prefer to not have fluoride their drinking water. She said during the swearing in of the police officers, the phrase "bring credit" stuck in her mind and she knew the Councilors tried hard to bring credit to the community through their service to the City. She said she wanted to continue to live in this community and she wanted the City to continue to be known for "rising above the norm." She asked that the Council consider the livability of the community.


Coun. Stanton that a Theater Night Out was being held in Hillsboro which was a benefit for the Community Action's Head Start Program and Hillsboro School District Health Benefit Trust. She said to see her for additional information.


There were none.


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

Minutes of Regular Meeting of May 3, 2004 .

04090 - Liquor License: New Outlet - Mayuri Indian Cuisine

Contract Review Board:

04091 - Contract Award - Stormwater Improvement Services for Beaverton Creek (CIP Project 8022)

Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


04092 - Revision of the City's Emergency Response and Recovery Plan

Emergency Manager Mike Mumaw explained the purpose of the work session was to review the revision of the City's Emergency Response and Recovery Plan. He said the Plan was originally promulgated by Council in 1999; re-promulgation was required every four to five years. He said in 1999 the Plan had nine functional annexes and four hazard appendices; it now had 22 annexes and eight hazard appendices. He offered to answer Council questions.

Coun. Doyle said he admired Mumaw's attention to detail.

Coun. Bode asked if that amount of detail was required by the grant.

Mumaw explained the grant did not specify the level of detail; however, the level of detail would affect the usability of the Plan. He said the first Plan was in narrative form; the detail would make it a more usable document.

Coun. Bode asked what would be the level of staff training and practice.

Mumaw replied an annual Plan exercise was required and regular training was scheduled.

Coun. Bode noted in the designation of power, the Council has to approve the action taken. She asked if that meant the Council would go into session.

Mumaw said if the Mayor or his representative declared a disaster, within 24 hours the Council would have to convene either by phone or physically in session to ratify the declaration. He said the declaration would expire in two weeks, unless re-ratified by Council.

Coun. Bode asked who was the next in line if the Mayor was gone and if there would be training for Council.

Mumaw said the Chief of Staff was next in line as Mayor Pro Tem. He added there was going to be a higher level of training for the Council, on the importance of the declaration process and on the challenges and decisions the Council will face during a disaster.

Mayor Drake noted he and Coun. Soth attended this training in Maryland in 1986.

Coun. Stanton asked on Annex R, No. 8, regarding volunteer coordination, if these were CERT volunteers.

Mumaw explained these were emerging volunteers from the community, state or country, not pre-existing volunteers. He said these volunteers may have levels of certifications (doctors, EMTs) which would have to be confirmed, before they could work in Oregon . He said the known Citizen Emergency Response Team (CERT) volunteers would have already been assigned tasks.

Coun. Soth said he was glad to see the Plan included keeping the 911agencies informed, since people would be calling 911. He added the County dispatch agency (WCCCA) had purchased additional radios from Salt Lake City for communication with other agencies that were assisting during an emergency.

Mayor Drake complimented Mumaw and Washington County Emergency Manager Scott Porter who was in attendance. He said they were a great team. He asked if Councilors had any additional comments, that they get them to Mumaw in the next couple of weeks to be incorporated into the final Plan.

Mumaw stated the Plan would come back to Council in June on the Consent Agenda.

Coun. Stanton noted Plan was very well done.

Suspend Rules:

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the rules be suspended, and that the ordinance embodied in Agenda Bill 04093 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:

04093 - An Ordinance Relating to the Emergency Management Code, Amending Beaverton Code Section 2.01.020. (Ordinance No. 4309)

Second Reading :

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

04078 - An Ordinance Amending Ordinance No. 4187, the Comprehensive Plan, Chapter Six Transportation Element, by Adding Provisions Relating to Transportation System Performance, CPA 2003-0015 (Ordinance No. 4301)

04079 - An Ordinance Amending Ordinance No. 2050, the Development Code, by Amending and Adding Provisions Relating to Transportation Facilities and Performance, TA 2003-0008 (Ordinance No. 4302)

04080 - An Ordinance Amending and Updating Ordinance 4060, Engineering Design Manual and Standard Drawings (Ordinance No. 4303)

04081 - 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 1020 SW Cedar Hills Boulevard; CPA 2004-0002/ZMA 2004-0002 (Ordinance No. 4304)

04082 - 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 16300 SW Nora Road; CPA 2004-0004/ZMA 2004-0004 (Ordinance No. 4305)

04083 - An Ordinance Amending Ordinance No. 4187, Figure III-I, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 11115 SW Center Street; CPA 2004-0003/ZMA 2004-0003 (Ordinance No. 4306)

04084 - An Ordinance Adding and Amending Certain Provisions of Chapters Five and Six of the Beaverton Code (Ordinance No. 4307)

04085 - An Ordinance Amending Ordinance No. 4187, Figure III-I, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located on the West Side of SW Murray Boulevard North of SW Walker Road; CPA 2004-0001/ZMA 2004-0001 (Ordinance No. 4308)

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 04078, 04079, 04080, 04081, 04082, 04083, 04084 and 04085, now pass. Roll call vote. Couns. Bode, Doyle, Ruby and Soth voting AYE, the MOTION CARRIED unanimously. (4:0) Coun. Stanton was excused as she was out of the room.


Coun. Stanton returned to the Council Chambers.

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 and in accordance with ORS 192.660 (1) (f) to consider information or records that are exempt by law from public inspection and in accordance with ORS 192.660 (1)(e) to conduct deliberations with person 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: 50 p.m.

The executive session adjourned at 9:16 p.m.

The regular meeting reconvened at 9:16 p.m.

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that Council authorize the hiring of outside counsel to assist in an ethics complaint, per the dollar amount in the confidential memorandum considered in executive session. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 9:15 p.m.


Susan Nelson, City Recorder


Approved this 17th day of May, 2004.

Rob Drake, Mayor