DECEMBER 11, 2006


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, December 11, 2006, at 6:40 p.m.


Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle and Cathy Stanton. Coun. Bruce S. Dalrymple was excused. Also present were City Attorney Alan Rappleyea, Chief of Staff Linda Adlard, Finance Director Patrick O'Claire, Community Development Director Joe Grillo, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Chief David Bishop and City Recorder Sue Nelson.


06227 City of Beaverton's Community Emergency Response Team's Annual Glenn Perry Award

Community Emergency Response Team (CERT) Coordinator Ted Morris explained that in 2003 the City established the CERT Program to train citizen volunteers on how to respond and help their neighborhoods in times of disaster and emergencies, such as earthquakes and fires. He reviewed statistics on the City's CERT Program.

Morris said Glenn Perry was a 2004 graduate of the CERT Class. He said from the beginning Perry was a dedicated volunteer; he assumed a leadership role and was the first to help train the citizens of Beaverton to become more self-sufficient during times of crisis. He said Perry was a motivated and resourceful man of compassion and creativity, and worked with many people to foster stability, knowledge and justice for one another. He said Perry also volunteered in community mediation, public standards training and was in the process of becoming a Beaverton police reserve officer. He said Perry always worked to make things better; but Perry had passed away unexpectedly in 2005.

Morris said the Glen Perry Award was established by the CERT Program to recognize CERT members who take CERT training to the highest level to make the city safer during an emergency or disaster, and who make exceptional contributions to the community and its citizens.

Morris said Wilbur (Bill) Fast was chosen as the first recipient of the Glenn Perry Award. He said Fast is a resident of Seminole Mobile Estates which has 211 residents. He said Fast has encouraged over a dozen of these residents to take the CERT training, he has organized team leaders to take control of sections of his community during times of emergency, he has established portable generator locations, has organized a mobile radio system, has organized alternate shelters for his neighbors, and has provided drills and training for other members in his community. He said Fast has given over 50 hours to help in CERT training and he is currently on the CERT Steering Committee.

Mayor Drake and Morris presented the Glenn Perry Award to Bill Fast.

Mayor Drake thanked Fast for all he has done for the whole community.

Fast thanked the City and Morris for this honor.

06228 Update on Influenza Pandemic Planning

Sue Landré, Washington County Public Health Preparedness Coordinator, presented a PowerPoint presentation concerning the influenza pandemic planning (in the record). She reviewed the Avian, Seasonal and Pandemic flus and stressed they were not the same. She said the Avian or 'bird flu” was a highly contagious group of viruses found naturally among birds that rarely infects humans. She said one type of the Avian flu virus is the H5N1, which infected a few humans and was fatal. She said the public health industry was concerned about this flu but she repeated it rarely infected humans. She said there have been 250 cases world-wide of H5N1 since 2003 and it did not pass from person to person. She said close contact with sick birds was the main route of infection in humans.

Landré stressed the world was not experiencing an influenza pandemic from Avian flu. She said the United States has no H5N1 bird flu currently though it was expected to arrive at some point. She repeated this flu was rarely spread person-to-person. She said if the virus mutates to become easily transmissible between humans, it would cause a pandemic. She said of the 250 cases that caught the H5N1, half died. She said that was why they were concerned about this virus.

Landré said Human Influenza was a viral infection of the nose, throat and lungs. It is spread easily between people and there are yearly epidemics in the winter. She reviewed how the virus was transmitted. She said every year 10-20% of the population caught the flu and about 36,000 people in the United States die from the flu or its complications. She said the flu was preventable by vaccine.

Landré said a pandemic influenza would be a worldwide outbreak of the flu. She said it would be caused by a new flu virus to which humans have no immunity. She said a new flu virus could result from changes to a bird or other non-human virus; therefore they would be watching the H5N1 virus. She said a pandemic could last 12 to 18 months, or more. She stressed there was no human flu pandemic in the world right now. She said there had been an average of three pandemic’s per century, since the 16th Century and they occur every ten to fifty years. She said the last pandemic was in 1968.

Landré said Washington County was currently involved in pandemic planning to keep the community intact, to delay the outbreak and to minimize economic and social disruption; also, the World Health Organization was concentrating on pandemic planning to minimize the impact world wide. She reviewed scenarios for Washington County if a moderate pandemic were to occur (in the record). She stressed a pandemic would require local response; there would be no Federal assistance. She said a vaccine would not be available for the first six to nine months of a pandemic and antibiotics would not help; antiviral medications may or may not help.

Landré said the best way to protect yourself from influenza was to wash your hands, cover your mouth when you cough and stay home when you are sick. She reviewed how vaccines would be distributed and the health care systems availability. She said community control measures would range from isolation of the ill to community quarantine. She said she has been speaking with many groups about developing plans for business continuity if the work force was reduced by 20-40%. She reviewed the policy and work force issues that need to be considered in planning for a pandemic emergency (in the record). She stressed the importance of planning, communication and education in preparing for a pandemic.

Coun. Bode asked what people could do at home to plan for a pandemic.

Landré said one should make sure that they have a 72 hour food supply at home as a minimum; also everything needed for family members and pets to cover the 72 hours. She said it was very important to have a one-to-three month's supply of medication on hand, especially prescription drugs. She said the Red Cross has an excellent 72-hour guide on hand. She said pandemic hospitals would only be able to take in the seriously ill, so most people would have to stay home and family and friends will need to care for them. She said Washington County also had a long list of resources on its Web site which could be viewed by “Googling” Washington County Oregon Public Health Pandemic Flu.

Coun. Bode asked how people could get 90 day prescriptions for their vital medicines when most prescriptions were for 30 days.

Landré encouraged people to speak with their physicians to get a 90-day prescription for their vital medicines and talk to them about the need to plan for a pandemic.

Coun. Stanton said she liked Ms quote "A community that fails to plan, fails." She referred to page 19 of the presentation that said antibiotics would not help. She noted that while antibiotics would not help the flu, they would help the secondary infections such as bronchitis and pneumonia, which could cause death. She referred to page 21 of the presentation that referred to distribution of vaccines, when they came available and asked who would determine the priority populations.

Landré said this was being widely discussed and at this time the Center for Disease Control (CDC) had made recommendations to the State Health Department; the State in turn would make recommendations to counties and cities.

Coun. Stanton asked what the City could do to be prepared.

Landré said she would recommend reviewing the City's Human Resources policies to see what changes are needed to deal with a pandemic. She said the City should educate the employees about the basics of what to do in a pandemic.

Coun. Stanton said there were several presentations on pandemic influenza at the National League of Cities Convention in Reno, Nevada this year. She said she knew there were broad-spectrum antibiotics, but she did not think there were broad-spectrum viral shots available. She said she was skeptical about this and asked Landré if she had heard of this or had any additional information.

Landré said she would be highly skeptical of anyone offering to provide such vaccines. She said the Federal government will offer legitimate vaccines and each county has a distribution plan to make the vaccines available free of charge during a pandemic.

Coun. Stanton thanked her for the excellent information and help offered by the County.

Coun. Arnold asked what difference there was between pandemic flu and other diseases like small pox, the bubonic plague, HIV and hepatitis A.

Landré said a pandemic flu was just a world wide outbreak of the influenza virus. She said there were places in the world where HIV was a large epidemic within a country. She said the black plague in the middle ages was a pandemic. She said a pandemic was a description of a world wide epidemic.

Coun. Arnold asked about the definition for influenza and if it came from birds.

Landré said there were many types of influenzas, including bird, human and other animal influenzas; many species have their own influenza viruses. She said influenza viruses could mutate which was why they watch the different viruses carefully.

Coun. Arnold asked if small pox and HIV were influenza and if not, what made them different.

Landré said influenza, small pox and HIV were all different diseases, just as a horse is different from a cow. She said viruses were simpler than bacteria and could mutate more easily.

Coun. Arnold asked how people had been infected from the Avian flu.

Landré explained the Avian (bird) flu is harder for people to catch. She said the people who were getting sick had heavy exposure to many of the viruses and they eventually were infected. She said birds were the most common carriers of viruses.

Coun. Arnold said the concern was that the Avian flu virus could mutate and transmit to people. She asked if people were infected could the virus be transferable from person-to-person.

Landré explained that if a virus was transferable from person-to-person, it is primarily spread by droplets from coughing. She said the best protection was to wash your hands frequently, covering your mouth when coughing and being sanitary in your environment.

Coun. Doyle asked Landré if she was working with local hospitals and physicians to develop a plan to handle a pandemic.

Landré replied they were working with hospital and physicians regionally. She said a pandemic would require a regional response and they are planning on a regional basis. She said regions are being funded nation-wide to develop their pandemic plans. She said they were close to having a final pandemic plan, including a pandemic exercise that was conducted in November this year. She said the exercise was to determine how hospitals throughout Oregon would deal with a pandemic.

Coun. Doyle suggested this information also be presented to the Chamber of Commerce and businesses, as well as the media.

Mayor Drake said Washington County was one of the best prepared counties in the State and he thought it would be good to educate the public on the coordinated effort that is occurring between public and private entities. He suggested following up with this topic after the first of the year. He thanked Landré for the presentation.

Coun. Stanton confirmed with Mayor Drake that staff would return in a couple of months to present an update on preparedness issues.


Kim Graboyes, Beaverton, said she wanted to thank the City for some of the traffic changes and patterns that have occurred over the years. She said with the photo radar there have been fewer people running the red lights. She said the yellow blinking lights at some of the left-turn signals were also good. She said she was a bit concerned about the speed humps as they slow down the police cars and ambulances. She thanked the Council for the traffic signal changes that allowed for permitted left turns.

Mayor Drake thanked Graboyes for her comments and noted that she brought the scouts from Boy Scout Troop 605 to the meeting. He said the old-style humps did slow down emergency vehicles. He said the new humps fit the wheel base of the fire trucks and do not slow them down at all. He said the old humps will be replaced with the new humps when the streets are repaved.

Brian Thompson, Portland, said he owned a company in Portland called Northwest Parking Control. He said for the past 11 years he has worked to convince large high-traffic property owners to abandon towing in favor of more customer-friendly means of enforcing parking restrictions. He said he was uniquely qualified to address the issue of private property towing in Beaverton. He said many of the people who live in the large apartment complexes were from other countries and did not understand the signage. He said in the countries where they come from, a painted curb was a decoration. He said once a vehicle is towed, the towing company can charge any amount they desire to get your car back. If the vehicle owner does not pay the fee within 30 days, the towing company can keep the car. He said he did not understand how the City could allow an industry to operate in this fashion.

Mayor Drake said the Chief of Staff has spoken with Thompson and the City Attorney on this issue. He asked that she comment to the Council on the outcome of these discussions.

Chief of Staff Linda Adlard said she has spoken with Mr. Thompson about this issue. She said she advised Thompson that the City was in the midst of performing a parking study that will identify private lots and other parking solutions for the city. She said that study should be completed in the spring. She said at that time they will look at the parking study, including an evaluation that staff was completing on franchising tow trucks. She said through a franchise the City could establish towing fees. She said Thompson's business provides private citations and he has been hired by private parking complexes; rather than being towed away, the vehicles receive a citation. She said they would look at his solution at that time. She said she has discussed this with the City Attorney and it is his opinion that at this point that unless there is an ordinance that allows the service that Thomas provides, it is an illegal activity in Beaverton.

City Attorney Alan Rappleyea said that was correct and Ms. Adlard’s statement was based on the Attorney General's interpretation of the law. He said a City ordinance would be needed to support that activity.

Mayor Drake asked Adlard if she had received a formal presentation or proposal from Thompson.

Adlard replied she had not; she had spoken with him on the telephone.

Mayor Drake suggested that Thompson provide information to the City on a specific proposal. He asked that Thompson send information to the Chief of Staff and City Attorney explaining the service he currently provides in Portland. He said staff could then analyze his service and see if it could be incorporated into the parking plan that the City was developing.

Coun. Arnold suggested that if Thompson had a brief summary that he send it to the Council.

Thompson said he would do so.


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


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


06229 An Ordinance Regulating the Possession of Replica Firearms in Public Places

Mayor Drake explained that the work session was to introduce the Council and the public to an ordinance regulating the possession of replica firearms in public places, which has been recommended by the Police Department. He said the proposed ordinance would be brought back for a public hearing in January 2007.

Police Chief Dave Bishop introduced Police Officers Andrew Halbert and Mike Hanada who gave the presentation. He noted Randy Cape, Security Director for the Beaverton School District, would also be present to testify. He noted that Assistant City Attorney Ted Naemura was also present to answer legal questions. He said the proposed ordinance was a pro-active step to deal with a problem that has become a serious concern within the Police Department. He said the purpose of the ordinance was to foster a safe environment for the community. He said these replica guns were extremely important for officers responding to a call and having to make a decision on whether or not to shoot. He said individuals who display these replica guns in a public place put themselves at a great risk and this ordinance is also intended to protect them. He said this ordinance would not ban the sale of replica firearms or ban the possession of replica firearms in a citizen's home or private property; he stressed they were addressing toy guns that were manufactured to look like real guns. He noted there were several of these guns displayed on the testimony table. He said a brochure was created for distribution to the public and merchants to educate citizens about this ordinance. He said this ordinance was requested by the officers in the Police Department and it was forwarded to the City Attorney for serious consideration.

Police Officer Andrew Halbert said he and Hanada started work on this project about a year ago. He said nation wide they have seen instances where police officers have had to make a decision to use deadly force and then young adults and juveniles who were using replica firearms were shot. He said this has happened in several cities throughout the country. He said their focus was on public education and awareness to avoid the tragic incidents that have occurred elsewhere.

Halbert said the replica guns were not regular firearms or BB guns. He said these guns are toy guns that fire small plastic projectiles, and are used in such games as Capture the Flag. He reviewed the Federal restrictions on these guns (in the record) and noted they only dealt with the commerce, transport and sale of these toys. He reviewed the types of guns that were made as replica firearms. He said there were no Federal regulations governing what a person can do with a replica firearm; because of this, it was not illegal for a person to remove the orange tip on the barrel that identifies the replica gun. He said other states have put restrictions on the replica guns, though Oregon and Washington have not. He said New York City has the strongest restrictions; they have a total ban on sales and possession within New York City, alterations are prohibited and only fluorescent or brightly colored firearms are allowed. He said the sanctions range from fines to jail sentences. He said California prohibits displaying replica firearms in a public place and he reviewed other sanctions in that state. He said Michigan had the least strict regulations on the firearms; the State requires licenses for businesses selling the firearms and they regulate the size of the projectile. He said while there were only a few cities and states that currently regulate the replica firearms, this was a growing trend. He recommended taking a proactive approach to this problem to avoid tragedies similar to what has happened in other cities.

Halbert reviewed statistics from the Washington County Consolidated Communications Agency Dispatch Center (911) to see how many situations involving replica firearms had occurred. He noted they only used verified calls that were coded as gun calls. He said from July 1, 2005 to December 1, 2006, there were 26 gun calls that resulted in seven arrests and six school lock downs.

Randy Cape , Beaverton School District Security Director, said this year they disciplined nine students for replica guns. He said these situations were treated seriously and discipline ranged from expulsion to suspension. He said other students were affected by the expulsions and they did pay attention to the school's rules. He said this year they had six lock downs in relation to replica guns. He said they cannot take a chance with student's lives so lock downs were required. He said they also had one incident where a school bus was forced into a felony stop because the police officers felt they had to take proactive measures to keep themselves safe in encountering this school bus. He said the kids playing with the fake guns put everyone on the bus in jeopardy.

Police Officer Hanada said it takes an average of 80.64 minutes to handle an average gun call; he noted it takes almost all the officers on a shift to handle the call for over an hour. He said an average cost for each call was $271.37 and $4,884.58 was spent on officers investigating toy guns, believing that they were real.

Hanada said there was no current City statute or ordinance addressing the problems that these replica guns have created. He said the popularity of these guns was growing, particularly among adolescents. He said this was a safety and community livability issue. He showed replica guns displayed on the table and pictures of other replica guns. He said the Police Department was not the only agency impacted by these replica guns; private security guards, private investigators, people who have firearms in their homes and the general public reporting incidents to Police were also impacted. He said the purpose of the ordinance would be to allow people to have the replica firearms and play their games in a protected environment that will not disturb the rest of the community.

Hanada said the ordinance specifically would address possession of these weapons in a school in order to prevent false alarms and the negative perceptions that can be created of the schools. He reiterated the impact to police officers in situations where the threat appears real and decisions have to be made in seconds. He reviewed research data from a study of replica firearms conducted by the University of Durham, London, England, which showed the difficulty people have in identifying real versus replica guns in situations when they have only 10 to 30 seconds to identify the gun. He stressed that police officers have only a few seconds to identify if they are in a "threat" situation and if the use of force would be needed. He repeated the ordinance would not ban these guns; it would allow people to have the guns and play with them in protected environments.

Halbert said the focus of the ordinance is education and public awareness through the guise of the City ordinance. He said the City would do an intensive public media campaign for the public and in the schools. He distributed a copy of a pamphlet that will be used to educate the public on the safe use of these guns. He said they have worked with Peer Court to make this a Peer Court violation. He said there would be a sixty day implementation during which emphasis will be on advising and educating the public. After the sixty-day period, violation citations would be issued.

Assistant City Attorney Ted Naemura reviewed the draft ordinance. He noted there were two changes to the ordinance. He said on page 9 of the staff report, Subsection C.3. of the ordinance should read "The replica firearm, if present in a public place, is being used for or in the production of television programs….". He said on page 11, Section 3.D. of the ordinance should read "This section does not prohibit the discharge of a device otherwise lawfully…..” He said the change to the word device was being recommended to distinguish the difference between a BB gun and a replica (air-soft) gun.

Halbert concluded that the focus of the ordinance was to deter the public use of weapons that look significantly like real firearms. He said they were taking corrective action and would track the results long-term.

Mayor Drake thanked them for an excellent presentation.

Coun. Doyle thanked staff for taking a leadership and a proactive approach to protect the community. He asked what their expectations were for this ordinance.

Halbert said they did not expect to see results overnight; it will be a public awareness issue much like photo radar. He said the purpose was to foster a safe environment.

Hanada said it was important to note that these guns were mainly used by older adolescents (16 to 20 years old) who could make adult decisions. He said the purpose is to educate them so they will make the right decision and to inform parents to become accountable for what their child is doing.

Coun. Doyle thanked staff for taking the middle-of-the-road approach as he felt it would be more palatable to the public. He asked if the ordinance would still allow games like paintball to be played in Highland Park Forest.

Naemura said this would depend on how the court would apply the definition of public place. He said possibly there might be a process, through a permit, to use a park or a public place for such an activity.

Coun. Doyle asked if this had been brought up at the State level.

Bishop said it has not been brought up at the State level but it has been discussed by the Police Chief’s Association. He said it has been discussed across the country.

Coun. Doyle offered to help bring this matter to the State legislature.

Bishop said if the Council approves the ordinance, the Department will closely measure the results and report back to Council.

Mayor Drake said that if the ordinance is successful in the City, then one of the concerns for the Beaverton School District will be to see if the Washington County Commission would adopt a similar ordinance to cover those District schools that are not within the City limits.

Naemura said they may see that this ordinance has a large scope; Beaverton's problems are not like New York City's problems, even though the implements are similar. He said the discussions may be different depending on the location and the scope of the problem.

Coun. Stanton referred to one of the slides that was labeled Solutions and one of the solutions said this went beyond Federal standards. She said there were no Federal standards on this and she was not expecting the Federal government to do anything on this issue. She said one of the citation penalties was a possible loss of the firearm. She asked why not make it a definite loss of the firearm.

Bishop said they would support such a modification to the ordinance if the Council would approve it.

Coun. Stanton said she assumed this would apply to confiscating orange-tipped replicas, as well as replica guns that have had the orange tip removed.

Bishop said that would depend on the use and how it was applied. He said if it was in a public place, orange tip or not, it would be confiscated.

Naemura said the penalty would apply to all replicas, whether or not there is an orange tip; the penalty for obscuring the orange tip would be higher.

Coun. Stanton said she appreciated this proactive approach and the community policing. She said it was scary to know that from the 18 calls received, five could not tell if the guns were replicas or not. She said she always wants to know that citizens in the community are safe.

Bishop thanked Stanton for her comments. He noted the officers in Beaverton are extremely well trained and he has been amazed that with the incidents that have occurred that no one has been shot, because officers have been put in harms way.

Mayor Drake noted these incidents were very real and had even affected his son one day at school. He said the fear was very real.

Coun. Stanton asked what the speed was for replica (air-soft) projectiles.

Hanada noted the speeds could go from three to five hundred feet per second.

Coun. Stanton asked if kids could play with these guns in their own cul-de-sac.

Bishop replied that if they received a call, or encountered a situation, the officers will have a discussion with the people involved about safety and finding a better place to play.

Coun. Arnold stressed this will need a great deal of education. She asked if they considered banning all other replica guns.

Bishop said they only considered the guns that are manufactured to look real.

Coun. Arnold said she agreed with confiscating the replicas that have an orange tip, to make a strong effort to educate parents that they should not buy toys that look like real guns.

Bishop said they concurred with this change.

Coun. Arnold stressed it is a traumatic experience to shoot a human being; an extreme experience for officers and families.

Coun. Bode said she would prefer a stronger social statement and not allow the practice or imitation of violence as a form of entertainment. She said she did not agree with saying it is okay to just pretend to be violent in play. She said she would prefer stronger language and shortening the waiting period to 30 days instead of 60. She said for livability in the community and schools there was no room for this type of activity in public places. She encouraged citizens to submit their comments at the public hearing on January 22, 2007.

Cape said Halbert came to him a year ago after one of these incidents, and brought forward this idea. He said Halbert thought about this for a long time and the City should be very proud of its police officers because they were clearly saying they want to save lives. He said the officers have put a lot of work into this ordinance. He said he felt this ordinance would work. He said the Beaverton School District supports the work of these fine officers.

Coun. Doyle said it was good that the Department empowered its officers to do this work. He confirmed the public hearing would be January 22, 2007.

Coun. Stanton asked all interested citizens to submit their comments at the public hearing or send in their written testimony on-line or through the mail.

Bishop noted there was a team of officers who developed this ordinance. He thanked the Council.


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

06230 Liquor License: New Outlet - Yasmin Restaurant & Lounge

06231 2007 Boards and Commissions Appointments

06232 A Resolution Stating the Official Results of the November 7, 2006, General Election (Resolution No. 3884)

06233 Classification Change - Amendment

Coun. Stanton thanked staff for answering her questions.

Questions called on the motion. Couns. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


Coun. Stanton said there was a nice Employee Holiday Lunch today. She noted tomorrow night that the City would have its Holiday Open House from 5:00 to 7:00 p.m., in the City Hall Council Chamber. She invited everyone to attend.


There were none.


Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinance embodied in Agenda Bill 06234 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. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading:

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

06234 An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Two Properties Located in Central Beaverton; CPA 2006-0015/ZMA 2006-0020 (Mobile Home Corral) (Ordinance No. 4416)

Second Reading:

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

06219 An Ordinance Repealing the 72-Hour Parking Prohibition, Section 6.02.310.F of the Municipal Code (Ordinance No. 4415)

Coun. Stanton MOVED, SECONDED by Coun. Doyle, that the ordinance embodied in

Agenda Bill 06219 now pass. Roll call vote. Couns. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)


There being no further business to come before the Council at this time, the meeting was adjourned at 9:25 p.m.

Sue Nelson, City Recorder




Approved this 22nd day of January, 2007.

Rob Drake, Mayor