BEAVERTON CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 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, November 8, 2004, at 6:30 p.m.

ROLL CALL:

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, Engineering Director Tom Ramisch, Operations/Maintenance Director Gary Brentano, Human Resources Director Nancy Bates, Police Chief David Bishop, and City Recorder Sue Nelson.

PRESENTATIONS:

04223 - Presentation of Shields and Swearing In of Three Officers to the Beaverton Police Department

Mayor Drake welcomed the new Police Officers to the City of Beaverton.

Police Chief Bishop swore in the new officers Daniel Frye, Douglas Jones and Andrew Halbert.

Mayor Drake presented the shields to the officers.

Chief Bishop thanked the officers’ families and friends for their support.

CITIZEN COMMUNICATIONS:

Rev. Ja West addressed the Council about various personal and religious concerns.

COUNCIL ITEMS:

Coun. Soth said he attended the League of Oregon Cities Annual Conference this weekend and he felt it was the best conference ever; the sessions were excellent.

Coun. Stanton said she also attended the League Conference. She said she participated in a session that discussed unders tanding the new statute that will be implemented with the passage of Measure 37. She said Measure 37’s ramifications were unclear at this point; it will be interesting to see how the statute affected everyone in the coming years.

Coun. Stanton said on Thursday, November 18, 2004, the Westside Economic Alliance would be holding a Regional Planning and Business Symposium at Lloyd Center. She said she would not able to attend but she hoped another Council member could attend.

Coun. Bode recognized citizen Denise Wolfer for her work in the community. Ms. Wolfer formed a support group for mothers of children who were serving in the Marines. She commended Mrs. Wolfer for helping these parents.

Coun. Doyle said on November 20, 2004, the Police Activities League (PAL) would be holding its Annual Auction and Fund Raiser. He said information was available on the PAL Web site and he was selling tickets for the event.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of Regular Meeting of November 1, 2004

04224- Liquor License Application: New Outlet – Beaverton Grocery Outlet

04225 - Traffic Commission Issues No. TC 565-567

Contract Review Board:

04226 - Design and Construction Engineering Services Contract Award – Summer Creek Sanitary Sewer Trunk Relocation Project

Coun. Stanton said she would abstain from voting on the November 1, 2004 Minutes as she was not at that meeting.

Question called on the motion. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0) Coun. Stanton abstained from voting on the minutes of November 1, 2004, as she was not at that meeting.

ORDINANCES:

Second Reading:

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

04217 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Known as Steele Park Located on the Eastside of SW 170 th Avenue, Immediately South of Elmonica Elementary School; CPA 2004-0011/ZMA 2004-0011 (Ordinance No. 4327)

04218 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Peck Park/TVF&R Station 61 which is Nine Parcels Located Along SW Murray Blvd.; CPA 2004-0014/ZMA 2004-0014 (Ordinance No. 4328)

04219 - 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 12030 SW Center Street; CPA 2004-0015/ ZMA 2004-0015 (Ordinance No. 4329)

Coun. Soth MOVED, SECONDED by Coun. Doyle, that the ordinances embodied in Agenda Bills 04217, 04218 and 04219, now pass. Roll call vote. Couns. Bode, Doyle, Ruby, Soth and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

ORDINANCES:

Mayor Drake explained the first reading for ordinances under Agenda Bills 04229 and 04230 would be held at this time. The first reading for the ordinance under Agenda Bill 04228 would be later in the evening.

Suspend Rules:

Coun. Bode MOVED, SECONDED by Coun. Soth, that the rules be suspended, and that the ordinances embodied in Agenda Bills 04229 and 04230 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 City Council. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

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

04229 - An Ordinance Amending Provisions of Chapters Four and Five of the Beaverton City Code Relating to Nuisances Affecting the Public Health (Ordinance No. 4331)

04230 - Design Review Update Project (TA 2003-0005) (Ordinance No. 4332)

PUBLIC HEARING:

04227 - An Ordinance Amending Chapter 5 of the Beaverton Code to Add a New Section 5.16 Relating to Civil Rights (Ordinance No. 4330); and

04228 - An Ordinance Amending Chapter 5 of the Beaverton Code to Add a New Section 5.16 Relating to Civil Rights (Ordinance No. 4330)

Rappleyea presented a brief summary that included that the ordinance was initiated by the Human Rights Advisory Commission (HRAC), reviewed by the City Attorney’s Office, and then forwarded to the Council for a work session and public hearing. He said the ordinance reflected existing Oregon State and case law, and was similar to ordinances adopted by other jurisdictions in Oregon. He said making this ordinance similar to existing law provided legal guidance if the ordinance was challenged.

Rappleyea briefly reviewed the provisions of the ordinance. He said the definitions relied on the definitions in State statutes and the ordinance contained definitions for Gender Identity and Sexual Orientation. He said the areas covered in the ordinance were employment, real estate and public accommodations. He added the source-of-income discrimination was limited to unlawful real property transactions and public accommodations; this mirrored State law. He said the exceptions section also mirrored State law. He said regarding enforcement, the City would enter an intergovernmental agreement with the Bureau of Labor and Industries (BOLI), who currently enforced these ordinances for a number of other jurisdictions. He explained someone raised an issue that State law prohibited local governments from granting special rights or privileges based on sexual orientation. He said existing Court of Appeals case law clearly stated this dealt with granting special rights and not prohibiting discrimination; discrimination was different than granting special rights.

Mayor Drake opened the public hearing.

James Maguire, Beaverton, Chair, Human Rights Advisory Commission (HRAC), said the HRAC started working on the ordinance over a year ago. He said this ordinance was not brought forward in response to State Ballot Measure 36 or in response to Multnomah County issuing marriage licenses to same-sex couples. He said the HRAC began work on this ordinance in response to the State Legislature’s failure to take action on Senate Bill 786, which added sexual orientation and gender identity to the State’s existing non-discrimination laws. He said the HRAC felt if the State Legislature would not take action on a bill which was the right thing to do, the cities had the responsibility to pass these ordinances locally. He said this ordinance covered sexual orientation and gender identity. He added if Beaverton adopted the ordinance it would join other local governments (Eugene, Portland, Lake Oswego, Bend, and Benton and Multnomah Counties) where these ordinances were well received and implemented.

Maguire said this ordinance was needed because discrimination against gay people was a harsh reality. He said discrimination resulted in unfair employment practices, a disregard for harassment and violence, denial of access to public and private accommodations, and lack of housing options for families. He said this ordinance was important legislation that would bring parity in law to everyone. He said this ordinance fit Beaverton City Goal No. 1: to preserve and enhance the sense of community and Goal 5: to assure a safe and healthy community. He said bringing this ordinance forward would be facilitating the City’s goals.

Karl Rohde, Lake Oswego City Councilor, said Lake Oswego was an accepting and tolerant community. He said the Lake Oswego Council adopted this ordinance last October and there wasn’t any opposition at the hearing. He said later he was asked to debate the issue of same-sex marriage at a local forum and only one letter in opposition was received. He said in discussing this with citizens, many people were surprised to learn these rights were not extended to gay and lesbian people in the community, and they felt that was wrong. He said he personally hoped Beaverton would join Lake Oswego in extending these rights to all of its citizens. He said this would send the message that Beaverton was an open and tolerant community.

Mayor Drake confirmed this was Rohde’s eighth year as a Lake Oswego City Councilor.

Coun. Soth asked Rohde what were the questions regarding Constitutional issues, particularly 1 st, 4 th, 5 th and 14 th Amendments.

Rohde explained the Constitutional Amendments did not come into play; Lake Oswego was not in violation of any of those Amendments.

Coun. Doyle asked if the ordinance had helped Lake Oswego.

Rohde said it was difficult to know if it had helped as no polling was done and there weren’t any lawsuits brought against an employer or retail center as result of discrimination. He said after the ordinance was passed all the Lake Oswego councilors were approached by citizens expressing support for the adoption of the ordinance. He said this was a reflection of community values that Lake Oswego did not tolerate discrimination against any of its citizens.

Coun. Stanton asked if Lake Oswego contracted with BOLI for enforcement.

Rohde replied Lake Oswego had contracted with BOLI although they had not had to use BOLI since the ordinance was adopted.

Amy Sakari, Beaverton, stated she lived and worked in Beaverton and she was in favor of this ordinance. She said the ordinance was well worded and conveyed the tolerant and welcoming attitude deserving of Beaverton.

Anne Lenzi, Beaverton, said she supported the ordinance. She said discrimination on the basis of sexual gender was as abhorrent as discrimination on the basis of race. She said passage of the ordinance would send a strong message that the City respected all of its citizens; it would make Beaverton a stronger city and a better place to live.

Esther Griffin, Beaverton, said she and her family lived in Beaverton for 16 years and she had worked here for eight years. She said she disliked discrimination of any kind. She applauded the HRAC and the City for proposing this ordinance. She said she was proud her city extended a welcoming hand to everyone and would not tolerate any less.

Mayor Drake explained this ordinance would assure equal rights for everyone; it would not give any special rights.

Wayne Marshall, Beaverton, said he became aware of discrimination as he grew up and its negative impact. He said until everyone was treated equally, no one was truly equal. He said he supported the ordinance.

Coun. Soth asked Marshal if he had experienced any discrimination in housing, employment or public accommodations.

Marshall replied he left a job because of his sexuality.

Coun. Doyle thanked him for raising the issues discussed during the work session. He said the teen suicide rates seriously concerned him. He stressed it was important to continue to work on eliminating discrimination.

Coun. Stanton asked Marshall if the job he left was in Beaverton.

Marshall replied it was in Tanasbourne.

Michael Luevane, Beaverton, said he supported the ordinance. He said he felt there was no reason anyone should be in fear of losing their job, home or income because of any type of discrimination.

Jessica DuBois, Portland, said she was the Field Director at Basic Rights Oregon, a State-wide organization working to end discrimination based on sexual orientation and gender identity. She said she supported the ordinance as it created parity in law and it declared the City would not tolerate discrimination against any of its citizens.

Coun. Doyle asked what Basic Rights Oregon planned for the next legislative session.

DuBois said they were still figuring out their plans for the next session. She also stated that for the past several months Basic Rights Oregon had received calls from citizens across the state who faced heightened levels of harassment in the workplace because of Ballot Measure 36. She said this ordinance would make that type of harassment illegal.

Daniel Russell, Beaverton, said he lived and worked in Beaverton and he supported the ordinance. He said he was a human resources professional and his company had a non-discrimination policy that included sexual orientation and gender identity. He said the policy served the company well and it was common sense legislation.

Roger Hughes, Beaverton, said he lived and worked in Beaverton. He said he was a corporate recruiter for an international high-tech firm. He said his company employed people from around the world and to be competitive they needed to be in a community that embraced its diversity. He said this ordinance was vital to providing a safe community and he encouraged Council to adopt the ordinance.

Coun. Stanton encouraged Hughes and Russell to get involved in their Neighborhood Association.

Adrian Hill, Beaverton, said she lived in Beaverton from age of 3 to 18. She said she had a gay friend who committed suicide when he was 14. She said this ordinance was important because it sent a message to the youth that the City wanted everyone to be safe and Beaverton would not tolerate discrimination.

Jenn Burleton, Beaverton, said she and her partner had lived in Beaverton for ten years. She said they lived here because Beaverton had a progressive spirit. She said it was important to send the message that the City would not allow discrimination.

Sue Kozak, Beaverton, said she and her partner were married this year after living together for 25 years. She said they lived in Beaverton for over 20 years and she had served on many committees and the NAC throughout those years. She urged Council to pass this ordinance for it was the right thing to do.

Angela Milstead, Beaverton, said she supported this ordinance as the sister of a gay man. She said she saw how discrimination affected his life and she worried how it would affect his future. She said she wanted to ensure that no one was denied basic rights based on gender identity or sexual orientation.

Rev. Peg Pfab, Beaverton, said she was the pastor of the Southminster Presbyterian Church in Beaverton. She said her Church and congregation had fully included everyone for many years. She said she hoped Beaverton would also become a community that would not discriminate against anyone because of sexual orientation. She said the symbolic value of this ordinance was enormous for all people.

Rose Galente, Beaverton, said she and her partner had been in a Beaverton restaurant where a young man was afraid to be seen talking to her in fear that he might lose his job. She said she supported the ordinance.

Francine Kaufman, Portland, said she was in support of the ordinance.

Jim Baldwin, Beaverton, said he was a citizen of Beaverton since 1993 and he opposed the ordinance because of his religious beliefs.

Julie Shaw, Beaverton, said she was concerned about small businesses. She asked if a job applicant or employee were vocal about their sexual orientation, and an employer or the customers had serious beliefs that this was wrong, what were the ramifications of firing someone because they refused to be quiet about their sexual orientation.

Mayor Drake said the City could not give her legal advice. He suggested if the ordinance was adopted, she consult an employment attorney if she had concerns about the ordinance.

Coun. Stanton said this was the perfect opportunity to pray for that person and model appropriate behavior.

Lisa Lane , Beaverton , said she supported the ordinance. She said she and her partner had been together for 15 years. She said she was denied employment because of her sexuality. She said she wanted to be considered as equal as everyone else.

Mayor Drake closed the public hearing.

Coun. Bode said she was the founding Chair of the HRAC and she supported the effort that everyone work with a passion for acceptance of one another.

Suspend Rules:

Coun. Bode MOVED, SECONDED by Coun. Ruby, that the rules be suspended, and that the ordinance embodied in Agenda Bill 04228 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.

Coun. Soth suggested in departure from regular procedure, since this was a public hearing, that Council discussion occurs before the first reading. He explained normally there was no discussion; the City Attorney read the ordinance title, it would go for second reading at the next meeting and become effective thirty days after.

Mayor Drake agreed with Coun. Soth and said he intended to ask for Council discussion prior to the first reading of the ordinance title by the City Attorney.

Coun. Stanton said creating parity in law was important. She explained how she previously supported and lobbied for parity in employee benefits. She said she felt comfortable this ordinance created parity. She said she was pleased Beaverton was acting on this ordinance since the State Legislature failed to do so.

Coun. Soth said he would support the motion. He said they were not addressing this in relation to any religious views. He said this was a constitutional issue. He said the U. S. and State Constitutions addressed citizens and the term “citizens” to him was all inclusive. He said this extended those constitutional protections to all. He said since the State Legislature chose not to act on these matters; it was up to local governments to protect its citizens.

Coun. Doyle said this ordinance was important to the young people in the community. He said the City was codifying court decisions made throughout the State, based on the Constitution. He said the Council was doing the job the State Legislature should have done. He said this was long overdue and he was comfortable with the work of the HRAC and the City Attorney. He said he enjoyed and appreciated hearing from the citizens on this issue.

Coun. Ruby said he agreed with all the comments made. He said it was encouraging to hear from the citizens who found Beaverton to be a welcoming and supporting environment for gay and lesbian citizens. He said this ordinance was important because it created an atmosphere where it was unlawful and unpopular to discriminate.

Mayor Drake said he felt the Council was taking the right action and he supported it.

Call for Question. Vote on Motion to Suspend Rules: Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

First Reading:

Rappleyea read the following ordinance for the first time by title only:

04228 - An Ordinance Amending Chapter 5 of the Beaverton Code to Add a New Section 5.16 Relating to Civil Rights (Ordinance No. 4330)

Coun. Stanton confirmed with Mayor Drake that the second reading would be at the next Council meeting and one month from then the ordinance would become Code.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:10 p.m.

APPROVAL:

Approved this 15th day of November, 2004.

__________________________________
Rob Drake, Mayor