BEAVERTON CITY COUNCIL
REGULAR MEETING
DECEMBER 5, 2005

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chamber, 4755 SW Griffith Drive, Beaverton, Oregon, on Monday, December 5, 2005, at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby and Cathy Stanton. Coun. Catherine Arnold was excused. 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, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and City Recorder Sue Nelson.

PRESENTATIONS:

05217 Presentation from the 2005-2006 Mayor's Youth Advisory Board

Mayor Drake said the Mayors Youth Advisory Board (MYAB) was established six years ago. He said the MYAB currently had 26 members from most of the area high schools and it was an outs tanding group. He introduced the MYAB Coordinator Amy Powers. The Board Members introduced themselves: Jessica Curtis, Co-Chair; Stephanie Herr, Co-Chair; Joel Bush, Vice Chair; Junghwa Kim; Tia Secasiu; Abi Sundaram; Lulu Xiao; Megan McIntire; Halah Ilias; Mi Zheng; Sumaiya Ahmed; Sean O'Brien; Saumya Kini; Mike Turnell; Madisen Vogel; Brian Powell; Minda Jerde.

Coordinator Amy Powers said she was excited to be working with the MYAB this year. She said she has worked in social services with youth for five years. She said she was born and raised in Beaverton, and graduated from West View High School and Portland State University.

Co-Chair Jessica Curtis presented a brief overview of the MYAB. She said the purpose of the MYAB was to get youth involved in their community.

Vice Chair Joel Bush reviewed the MYAB's projects, which included the Whirlpool Newsletter, the 101 Things To Do In Beaverton pamphlet, fund raising projects and voter registration drives. He said this year the Board also gave presentations at the League of Oregon Cities conference and participated in the youth sessions at the National League of Cities conference.

Co-Chair Stephanie Herr said she was on the Events Committee which plans community service events. She said this upcoming year they were planning the Youth Summit, a senior dance at the Elsie Stuhr Center, voter registration drives and the Battle of the Bands.

Halah Ilias said she was on the Publications Committee which produces the Whirlpool and the 101 Things To Do In Beaverton pamphlet. She said the Whirlpool was a newsletter where youth voice their thoughts on local and national issues and interests. She said the 101 Things To Do In Beaverton brochure provides information on activities available for youth.

Mi Zheng said she was on the Community Service/Fund Raising Committee. She said the Board adopted a family to help this holiday season, and throughout the year they were working on their hurricane relief project and assisting Vose Elementary School by raising funds to purchase books. She said over the winter break they would be working as gift wrappers at Barnes and Noble to raise money for these projects.

Coun. Stanton asked about the Whirlpool publication.

Ilias said the Whirlpool was available in hard copy and on the Website. She said they were also available at the high schools and community libraries. She said last year they published two editions during the school year.

Mayor Drake thanked Coun. Doyle for being the Council liaison to the Committee. He said he was a faithful attendee and supporter.

Coun. Bode asked what motivated the youth to join the Board.

Herr said she thought the MYAB was a good opportunity to become involved in politics and meet other youth throughout the community.

Abi Sundaram said she thought it was a good opportunity to become involved in the community and give youth a voice in the community.

Coun. Doyle said he enjoyed the meetings; there was real talent in the group for the members were bright and articulate.

Coun. Stanton asked if Jesuit and Aloha High Schools were represented on the Board.

Curtis said Jesuit was represented but not Aloha. She said the information provided by MYAB, such as the Whirlpool publication was provided to Aloha High School.

Mayor Drake said they had difficulty recruiting from Aloha High School.

Coun. Ruby said there was value in representation from all the schools and he was glad this program was filling the role of getting youth involved in their government and community.

Herr said she loved to debate and serving on the Board provides a great opportunity to exchange ideas and different points of view with other youth in the area.

Curtis thanked the Council for its support of the MYAB.

05218 Proposed 2006 Metro Nature in Neighborhoods Bond Measure

Planning Services Division Manager Hal Bergsma introduced Associate Planner Leigh Crabtree and said they were the lead staff on natural resource issues for the City. He said they were also technical advisors to the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC) and served on the Tualatin Basin Goal 5 Steering Committee which also advises the TBNRCC.

Bergsma said this presentation would cover Metro's proposed 2006 bond measure and a new grant program that Metro would be implementing this year. He said in 1995 voters approved Metro's $135 million bond measure for the acquisition of open spaces, parks and streams. He said the funds from the 1995 bond measure were running out and Metro was considering a new 2006 bond measure, covering different target areas including the Rock Creek Watershed, Fanno Creek Greenway and the Westside Powerline Trail. He said the proposed measure included a contingent that would provide at least $25 million to fund local projects in 25 cities, two counties and two park districts. He said the measure also included a Nature in the Neighborhood capital fund that would be a competitive program to fund projects to improve natural areas and restoration projects. He said the actual amount of the bond was yet to be decided along with the allocations for the various projects.

Bergsma said one of the main questions being considered was how funds should be distributed in the areas where the Tualatin Hills Park and Recreation District (THPRD) overlaps with the City of Beaverton and unincorporated urban Washington County. He distributed copies of a memo from Keith Hobson, Assistant General Manager at THPRD, where Hobson suggests the allocation be based on population, similar as to what was done in 1995. He said THPRD's share would be based on its population outside the City and Washington County's share would be based on its population in the urban unincorporated area outside of the City and outside of THPRD. He said the funds for areas like Bull Mountain and Cooper Mountain would go directly to the County. He said this was the option currently being pursued as it made the most sense.

Bergsma said the next question under consideration was what the role of the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC) would be in the distribution of these funds. He said three options were presented to the TBNRCC. The first was that the funds go directly to the TBNRCC, which is a separate government entity, under an intergovernmental agreement between the involved parties. The funds would be administered by the County, but the Coordinating Committee would determine which projects would be funded. The second option was that the funds would go to each eligible jurisdiction; the projects would have to be approved by the TBNRCC before funds could be spent. He said the third option was that the funds would go to each eligible jurisdiction but projects would be reviewed by the TBNRCC for consistency with the Tualatin Basin Goal 5 Program. He briefly reviewed the Tualatin Basin Goal 5 Program.

Bergsma reviewed Metro’s Nature in Neighborhoods Grant Program. He said there would be three grant levels for this program; $1,000 to $5,000; $5,000 to $25,000; and $25,000 and above. He said this grant program was intended for projects to improve watersheds and streams in neighborhoods. He said $500,000 was available for grants and the program was moving rapidly with applications due to Metro on January 12, 2006. He said local governments and non-profit agencies could apply for these grants. He said Clean Water Services (CWS) was taking a lead in Washington County in suggesting projects. He said CWS also suggested that all the projects from local jurisdictions and non-profits in Washington County be combined in one application, for about one-third of the $500,000. He said CWS believes that would make the application more competitive, it would be consistent with the Healthy Streams Plan and the Tualatin Basin Program, and the grant would be administered and coordinated by CWS. He said the City was considering this; however, the City has its own projects and if they do not get support for these projects in the CWS process, then the City will probably submit its own application separately.

Bergsma reviewed the four City projects proposed under this grant program. He said the first project was Golden Pond (near 153rd Avenue), a drainage detention area that needs site cleaning and improvements. The second project is Bearded Road Estates (north of Beard Road between 149th Avenue and Turquoise Court) which is a City tract that has become an illegal dump site. He said the City wants to clean the site and make improvements so it is less of a target for dumping. He said the third project is at 11th Street and Highway 217, at the end of a cul-de-sac; the drainage ditch has filled with silt over the years and during heavy rains the drainage pipe backs up into the cul-de-sac. He said the City wants to install a stormwater quality basin in the cul-de-sac and has been talking to the State about this project. The fourth project was Camille Park (south of Heather Lane at 104th/105th Avenues) and it would focus on the drainage in the northern part of the park. He said the site needs to be improved to allow on-site water drainage into the creek; widening the creek basin and native plantings would be included in the project.

Bergsma said there were two questions associated with the bond measure. First, in Washington County how funds should be distributed in areas where THPRD overlaps with the City and County. He said based on the memorandum from Mr. Hobson (THPRD in the record) it is recommended that this be handled the same way it was handled in 1995. He said the second question was should the Tualatin Basin Natural Resources Coordinating Committee (TBNRCC) have a role in coordinating fund allocations with the County; if so, what should that role be. He said the general position is that the TBNRCC should be involved but only as a reviewing agency. He said the feeling of the agencies was that the funds should go directly to each eligible jurisdiction; before funds are spent, the project has to be reviewed by the TBNRCC to see if there are opportunities for sharing services or coordinating projects. He said the TBNRCC would have no veto power or approval authority. He said he felt that was the most feasible approach.

Mayor Drake said there were three projects that the City and THPRD developed together through the last bond measure: Moshofsky Woods Park near Stonegate; Lowami Hart Woods Park near Hart Road; and Cooper Mountain, just outside the City.

Bergsma confirmed that was correct. He said in the past the City received the funds, and then passed the money through to THPRD for projects that were most beneficial to the City. He said he thought it would be handled the same way in the future.

Coun. Doyle said it made sense to him that the TBNRCC act as a reviewing body only. He said he could support that. He said he could not support having funds channeled through the TBNRCC.

Bergsma said this allows the TBNRCC to review each project in light of the whole Tualatin Basin Program, to make sure the projects fit within that larger context.

Coun. Bode asked if the proposed project would be submitted individually or as a pool of projects.

Bergsma said Clean Water Services (CWS) was trying to submit a pool of projects in a single application, under the CWS umbrella. He said CWS would screen the projects suggested by individual jurisdictions and local non-profits, to try to put a package together. He said it may occur that some projects that the City supports are screened out in this process. He said in that case, the City can apply individually for those projects. He said based on discussions between CWS and Metro staff, they seem to think that a single application that includes all the projects would be viewed favorably.

Coun. Doyle asked Mayor Drake if Council action was needed on this item showing support for the staff position regarding distribution of funds and the role of the TBNRCC, as presented by Bergsma.

Mayor Drake said he felt the Council's discussion provided sufficient support for staff's position. He said the City respected the TBNRCC process as it has worked very effectively. He said in the end, the citizens of Beaverton would be allocating funds to the bond measure through their property tax payments and the City's needs exceed the funds available. He said coordinating is needed and the City needs to be mindful of how the funds are used.

Coun. Doyle said he concurred and the process worked well on the first bond measure. He said the citizens in the region can be happy with what was accomplished under that first bond. He said staying with the same methodology made a great deal of sense and he supported that position.

Coun. Bode asked if the projects had been prioritized and if there has been vandalism in the Beard Road Estates site, where the illegal dumping had occurred.

Bergsma indicated the projects were not yet prioritized. He said he did not know if there was any vandalism; Operations Department staff would be more familiar with the situation.

Coun. Stanton asked if the funds for the Nature of Neighborhoods Grant Program were currently available, as they were requesting applications be submitted in January, 2006.

Bergs said these funds were now available; these funds came from solid waste fees. He said this is the first year this grant program has been offered

Coun. Stanton said the Issue Paper from the TBNRCC changed what she had been thinking regarding the Nature in Neighborhoods Grant Program. She asked if the TBNRCC would come up with its recommendations at its meeting of December 12, 2005. She asked how the Council could respond to the question regarding the TBNRCC's role if it did not know what the TBNRCC's recommendation would be.

Bergsma said based on past discussions, he was sure the TBNRCC recommendation would be to support the role of the reviewer. He said members of the TBNRCC were outspoken in their support of the reviewer role.

Coun. Stanton asked if the four proposed projects fall within the CWS Healthy Streams Plan.

Bergsma said probably not as most of the Healthy Streams projects were outside of the City. He said the grant program was trying to cover sites that were not in the Healthy Streams Plan. He said the CWS staff recognizes the political side of this issue and was working to ensure each jurisdiction would get funding.

Coun. Stanton asked that this be brought back to Council if the TBNRCC makes a recommendation for anything other than the role of reviewer. She referred to the bond measure's Local Natural Area Legacy Fund and asked if the distribution formulas would be determined at the discretion of each county or per capita (Exhibit A, page 6). She said the critical issue was that the 32.43% for Washington County would be distributed based on assessed valuation. She asked if that meant within the County it is supposed to be per capita.

Bergsma said assessed value was still a possibility and the numbers have not been run yet to determine what each jurisdiction would receive based on per capita vs. assessed value.

Coun. Stanton referred to the August 17, 2005 letter from Jim Desmond representing Metro (in the record) that said "and some other critical elements of the bond package.” She asked what the other critical elements were.

Bergs said his assumption was that they were discussing what the target areas were for regional parks. He said he assumed the work of the blue ribbon committee was not yet completed. He said the blue ribbon committee will review the proposals and develop a final set of proposed target areas.

Coun. Stanton said one of the reasons MSTIP did well in Washington County was because every project was identified. She asked if the City would get a list of specific target areas that would be dealt with.

Bergsma said in 1995 they had 14 target areas, including Rock Creek and Cooper Mountain. He said there was some debate about which properties should be acquired in each of those areas but they were consistent in focusing on the target areas. He said one had to keep in mind they were trying to deal only with willing sellers, so the first-priority property might not always be available. He said generally they were consistent with what they said they were going to do. He said he was assuming the "other critical elements" mentioned in the letter referred to further defining the target areas.

Coun. Stanton referred to the regional portion of bond funding and asked what the phrase “provide for the public’s future use and enjoyment of these areas" meant.

Bergsma replied the key word in that phrase was "future." He said once the bond funds were received, they would focus on acquisition. He said they still have to make improvements in some of those areas which will take a while yet. He said until they find a source of funding for maintenance, they may not be readily available for public use. He said there were still some issues that have to be worked out, including funding for operation and maintenance.

Coun. Stanton asked what "in perpetuity" meant. She asked if that meant the Nature In Neighborhoods Grant Program capital fund only; so it could not ever revert to the local jurisdiction.

Bergsma said he thought that was the nature of all the sites they acquire. He said whether or not it could ever revert to a local jurisdiction was a legal question he could not answer.

Coun. Stanton said the Local Natural Areas Legacy Fund Guidelines allows for a mechanism to sell the property.

Bergsma said he thought they were anticipating that one agency would acquire the property through bond revenues and then turn it over to another agency, such as the City acquiring the property and turning it over to the THPRD.

Coun. Stanton said with the Local Natural Areas Legacy Fund the City could acquire property and instead of turning it over to the THPRD, it could sell it to someone else as long as the profits are used to buy additional property. She said this could not be done under the Nature in Neighborhoods capital fund. She said she was surprised they would have such a mechanism in one fund and not the other.

Bergsma reminded her that these guidelines were still in draft form. He said that might be looked at, but he thought it would be politically impossible to sell land that was acquired for open space purposes for development.

Coun. Stanton asked if all the funds were a one-to-one match.

Bergsma replied the one-to-one match pertained only to the first two levels of the grant program; for the third level it is a one-to-two match.

Coun. Stanton stated the Nature in Neighborhoods capital fund was a one-to-one match.

Coun. Stanton said the Local Natural Area Legacy Fund referred to Metro providing a letter to all the jurisdictions with a distribution formula by November 30th, if Metro had not received a letter from the jurisdictions by then. She asked if Metro had received letters from the jurisdictions.

Bergsma said Metro has given the jurisdictions in Washington County more time to come up with a distribution formula.

VISITOR COMMENT PERIOD:

Henry Kane, Beaverton, said he submitted a letter regarding Highway 217. He said he would submit an amendment to the letter that would state that Metro, the Oregon Department of Transportation and the Joint Policy Advisory Committee should designate Highway 217 as a regional priority for funding. He asked that the City prepare a resolution supporting his position.

COUNCIL ITEMS:

Mayor Drake said the City's Holiday Open House would be held December 13, 2005, from 5:00 p.m. to 7:00 p.m., at City Hall.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

Minutes of Regular Meeting of November 14 and Special Meeting of November 17, 2005.

05219 Liquor License: New Outlet - Chix 'A' Bob; Greater Privilege - King's Restaurant

05220 Authorize Intergovernmental Agreement with Washington County Cooperative Library Services

Contract Review Board:

05221 Bid Award - ASR (Aquifer Storage & Recovery) No. 4 Potable Water Pump Station

Question called on the motion. Couns. Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0) Coun. Stanton said she would not be voting on the November 17, 2005 minutes as she did not attend that meeting.

WORK SESSION:

05222 Design Review Text Implementation Update

Mayor Drake noted this item was pulled and rescheduled to the meeting of December 12, 2005, when Coun. Arnold will be in attendance.

ORDINANCES:

Second Reading:

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

05214 An Ordinance Amending the Beaverton Code by Adding New Provisions in Chapter Two Relating to the Inventory of Prisoner Personal Property (Ordinance No. 4377)

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that the ordinance embodied in Agenda Bill 05214, now pass. Roll call vote. Couns. Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

RECESS:

Mayor Drake called for a brief recess at 7:50 p.m.

RECONVENED:

Mayor Drake reconvened the meeting at 8:00 p.m.

EXECUTIVE SESSION:

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660(2)(h) to discuss the legal rights and duties of the governing body with regard to litigation or litigation likely to be filed. Couns. Bode, Doyle, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

The executive session convened at 8:00 p.m.

The executive session adjourned at 8:20 p.m.

The regular meeting reconvened at 8:20 p.m.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:20 p.m.

APPROVAL:

Approved this 12th day of December, 2005.

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Rob Drake, Mayor