BEAVERTON CITY COUNCIL
REGULAR MEETING
FEBRUARY 13, 2006

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, February 13, 2006 at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Catherine Arnold, Betty Bode, Dennis Doyle 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 and City Recorder Sue Nelson.

PRESENTATIONS:

06035 Beaverton School District's $195 Million Capital Bond Measure - May 16, 2005 Primary Election

Mayor Drake explained this presentation was not on the agenda for this meeting, however, Beaverton School District representatives had asked to speak on this issue. He distributed copies of a proposed resolution supporting the bond measure to Council for its review.

Beaverton School Board Vice Chair Priscilla Turner thanked the City Council for considering the resolution supporting the District's capital bond measure. She said the Beaverton School District was one of the fastest growing districts in the northwest and the schools were at and above capacity at the elementary and high school levels. She said the Board would appreciate the Council's support in this effort and they would make room for all the students in the District's schools. She said their campaign committee, the Citizens for School Support, was running a grassroots campaign with many community and business volunteers involved. She said they looked forward to approval of the bond measure at the May 16, 2006 election.

Coun. Stanton said there were 3,000 new students in the last five years and the District was expecting 4,000 more in the next four years. She asked if there was a contact person or number to call for people who wanted to help with the campaign.

Turner replied that Citizens for School Support was their campaign committee. She said interested persons could contact her at 503-292-2456 or tpturner@comcast.net. She said they would need everyone's help to get the measure approved.

Coun. Doyle MOVED, SECONDED by Coun. Bode that Council approve the Resolution Supporting the Beaverton School District's $195 Million Capital Bond Measure - May 16, 2006. Couns. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (Resolution No. 3854)

06025 Presentation of Shields and Swearing In of Newly-Promoted Lieutenant and Sergeant to the Beaverton Police Department

Police Chief David Bishop introduced Police Sergeant Eric Oathes and Lieutenant Terry Merritt and said they were being promoted into these new positions. He explained Oathes had been with the City for six years and Merritt for 20 years, and he reviewed the work records of both men. He swore both officers into their new positions and both men received their new badges.

Bishop thanked the families and friends who were present and said the officers could not have achieved this without their support.

06026 Westside Transportation Alliance Certificate of Excellence

Kathy Lehtola, Westside Transportation Alliance (WTA) Board Member introduced Karen Frost, WTA Executive Director.

Lehtola said the WTA was a ten-year old transportation management association with members from both public and private entities. She said the WTA was formed in response to the State Department of Environmental Quality's Employee Commute Options Rule to help employers reduce single occupancy commute trips among their employees. She said Beaverton was instrumental in the WTA's formation and had been an active partner. She said the City has a strong commitment to the goal of reducing vehicle commute trips and has offered incentives in its Development Code to help meet that goal, such as reducing required parking spaces for developments along transit routes. She said because of the City's innovative use of incentives, the WTA was pleased to present its Outstanding Achievement Award to the City of Beaverton.

Frost thanked the City for its innovative approach in using the Development Code to decrease vehicle commute trips and for joining the WTA. She said the WTA was currently involved in the Drive Less Save More campaign. She said this campaign was supported by many organizations in the Metro region. She said she hoped the City would continue to value the work of the WTA as a strong partner in the future for improving the lives of the residents in Beaverton and improving the economic health of businesses in this region.

Mayor Drake thanked the WTA for the recognition. He said he watched the evolution of the WTA as it grew throughout the region and the City supported WTA's goal. He acknowledged City Planner Margaret Middleton who has been a tireless advocate for participation in the program.

Lehtola presented the WTA's Outstanding Achievement Award to Mayor Drake.

Coun. Doyle thanked Lehtola and Frost for acknowledging that Beaverton was a business-friendly community.

Coun. Stanton said she tried to reduce her vehicle miles traveled (VMT) 20% by taking transit one day a week. She thanked Lehtola, Frost and the WTA for all their work.

06027 Presentation on Street Sweeping

Operations Manager Terry Priest presented a PowerPoint presentation about the City's Street Sweeping Program. He distributed a handout concerning the City's Street Sweeping Program to Council (in the record). He said recently changes were made to the Street Sweeping Program. He said an intergovernmental agreement with Clean Water Services (CWS) and the City's MS4 Permit requires that the City sweep the streets once a month; as an added service the downtown area is swept once a week for this area is heavily trafficked. He said sweeping the streets keeps the debris from littering the City's storm drain system. He said they swept 703 lane miles each month. He reviewed the sweeping program during the leaf season and during the winter to pickup sanding rock after snow/ice storms. He said recently the City and CWS traded some of the areas they sweep for better efficiency; CWS agreed to sweep some of the areas closer to the CWS maintenance yard and the City agreed to sweep some areas outside of the City that are close to the City's maintenance yard. He said this change resulted in costs savings for both agencies. He said because of this the City was able to eliminate its night shift and that work can now be done during the day.

Coun. Stanton asked about the MS4 permit.

Maintenance/Operation Director Gary Brentano said this was the Municipal Separate Storm Sewer System Permit. He said it was part of the NPDES (National Pollutant Discharge Elimination System) Permit required for discharges into creeks and streams. He said it was part of the Clean Water Act as administered by the Environmental Protection Agency and the Department of Environmental Quality, through CWS and the City.

Coun. Bode asked when the Street Sweeping handout was last sent to residents and suggested this brochure could be sent out with the utility bills.

Priest said that was a good idea; he was not sure when it was last sent to citizens.

Coun. Bode asked what time of day the street sweeping begins in the neighborhoods.

Priest replied it starts at 7:30 a.m.

Coun. Arnold asked how people could find out which day of the week their neighborhood would be swept.

Priest explained that on the schedule, A-1 refers to the first day of the week, A-2 the second day, and carries on consecutively. He said they stay pretty close to schedule.

Coun. Arnold referred to the Street Sweeping Grid map (in the record). She noted there were areas and streets on the east side of the City, marked in red and identified as Tax Lot Sweep. She asked what that meant.

Priest replied those were the areas that the City and CWS traded off. He said CWS would take care of the upper northwest corner marked in yellow as A-1 (CWS) and the City would take care of the eastern areas marked in red.

Coun. Doyle asked how big a problem the City was having with leaves left on the streets.

Priest said people do not usually throw their leaves into the street. He said the street sweepers sweep what is on the street and if they find someone has leaves on the street, there is a flyer that is hung on a resident's door to remind them to use the refuse bags.

Mayor Drake thanked Priest for the presentation.

VISITOR COMMENT PERIOD:

Rev. Ja West, Beaverton, talked about her personal health issues.

COUNCIL ITEMS:

Coun. Stanton said on Thursday, February 16, 2006, there would be an Interfaith Breakfast hosted by the Interfaith Vision Action Network in Washington County at the Kingstad Center at 7:30 a.m. She said also on February 16, at Dessert Noir Cafe, in the mall at Cedar Hills Crossing, the comedian Sinbad would perform during a dinner benefit for Community Action. She said information on the dinner event was available by calling Community Action at 503-648-6646.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

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

06028 Liquor License Renewals - Annual Renewals

06029 A Resolution Adopting a List of Projects to Submit to Metro for Receiving Local Legacy Program Funds from the Proposed 2006 Metro Nature in Neighborhoods Bond Measure (Resolution No. 3853)

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

ORDINANCES:

Coun. Stanton referred to Agenda Bill 06033 (An Ordinance Prohibiting Vehicle Camping in Parking Lots Associated with Commercial Structures). She asked the City Attorney if the cab portion of a semi-truck fell into the definition of a camping vehicle.

City Attorney Alan Rappleyea said the ordinance did not apply to a cab of a semi-truck. He said the ordinance applied to operators or owners of a trailer house, camp trailer, mobile home, auto home, camp car, recreational vehicle or other similar conveyance. He said the cab portion of a commercial truck does not fall under any of the definitions in this ordinance.

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinances embodied in Agenda Bills 06030, 06031, 06032 and 06033, 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 ordinances for the first time by title only:

06030 An Ordinance Requiring Use of Criminal Offender Information for Applicants for City Employment (Ordinance No. 4381)

06031 TA 2005-0008 Amendment to Quasi-Judicial Zoning Map Amendment Approval Criteria (Ordinance No. 4382)

06032 CPA 2005-0010 Amendment to Add the SC-E Zone to Sections 3.2 and 3.14 of the Comprehensive Plan (Ordinance No. 4383)

06033 An Ordinance Prohibiting Vehicle Camping in Parking Lots Associated with Commercial Structures (Ordinance No. 4384)

Second Reading:

Mayor Drake said that prior to the second reading of Ordinance 4380, the anti-graffiti ordinance (Agenda Bill 06024), he had asked Police Chief David Bishop to explain the intention of the ordinance. He said he thought people believed if their property was vandalized with graffiti and they did not clean it up within a week, they would be fined $250 immediately. He said this ordinance was intended to be used as a last resort, not the first resort. He thanked Coun. Stanton for her pertinent questions and asked Chief Bishop to present additional information to clarify the intent of the ordinance.

Bishop said Hillsboro adopted a similar ordinance one year ago. He said that the City of Hillsboro staff has daily contact with someone regarding graffiti; either a complainant or victim of graffiti. He said they had either phone or personal contact in each situation, which is followed up with a letter. He said in this first year Hillsboro has not had to enforce the ordinance; it has accomplished what was intended through cooperation.

Bishop said the key to this program was the partnership between the community and the City. He stressed the ordinance was the last resort, not the first step, in getting the graffiti cleaned up. He said the Police Department would work with the community through community policing.

Coun. Doyle thanked Bishop for the clarification. He asked if this was a written procedure.

Bishop said they would be working with Code Enforcement to write the procedure, part of which was already written under the nuisance abatement procedure. He said the Deputy Chief would be tracking all areas where there is graffiti to ensure the cleanup has taken place. He said this past weekend the Police Department was successful in apprehending four people responsible for major graffiti problems in the Sexton Mountain area. He said whenever possible the City will recommend restitution for the damages; so that people who deface property with graffiti pay for the damage. He added in the case of juveniles, the parents would be held responsible.

Coun. Doyle clarified that the citation was an avenue of last resort.

Bishop replied that was correct and Hillsboro had not had to impose the fine.

Mayor Drake said the best way to proceed in Code Enforcement was to seek compliance. He said Code staff works hard to solve problems by working cooperatively with citizens.

Coun. Bode asked for an update next year on the effectiveness of the ordinance.

Bishop said he would be happy to give an update next year.

Coun. Arnold said she watched the video tape of the meeting where this was discussed. She said one person contacted her because she has a fence that runs along a park and she felt it might take two weekends to get graffiti cleaned off the fence.

Bishop said graffiti was a high priority but the Police had lots of high priority issues. He said they would work with people to get their property cleaned up and could give time extensions if the property owner was trying to comply. He added that like the nuisance abatement ordinance, enforcement is only used when property owners refuse to comply.

Coun. Arnold asked if there were areas in the City that needed a quicker turn around for cleanup.

Bishop said taggers were different than gang bangers. He said the graffiti related to gangs should be cleaned up as soon as possible, to avoid gangs fighting for turf. He said most of the gang graffiti was on public facilities like utility poles. He said the Operations Department and businesses have been very cooperative and worked quickly to get it cleaned up.

Coun. Stanton asked if Chapter 5 was the general nuisance Code or the chronic nuisance Code.

Rappleyea said Chapter 5 was part of the general nuisance Code and this ordinance was part of the safety issues.

Coun. Stanton said she received four phone calls, two e-mails and two personal contacts on this ordinance. She said only two of the eight contacts were in support of the ordinance. She said because of this she discussed the matter with the Mayor and since getting the data from Hillsboro, she was much more comfortable with the ordinance. She said Code enforcement was the first step and she was comfortable with that because Code enforcement has worked well in Beaverton. She acknowledged that some people felt the victims were being punished. She said if a window was broken by an unknown person, the property owner would have to fix that window. She said this was part of how we live. She said she would now support the ordinance.

Coun. Stanton asked if there was information available on how to remove graffiti on the City's Web page.

Bishop said that was not available at this time.

Brentano said that type of information could be placed on the City's Web page.

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

06024 An Ordinance Amending Provisions of the Nuisance Code Chapter 5.05 of the Beaverton Code (Ordinance No. 4380)

Coun. Stanton MOVED, SECONDED by Coun. Arnold, that the ordinance embodied in Agenda Bill 06024 now pass. Roll call vote. Couns. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

RECESS:

Mayor Drake called for a brief recess at 7:35 p.m.

RECONVENED:

Mayor Drake reconvened the meeting at 7:50 p.m.

COUNCIL ITEMS:

06034 Discussion Regarding Process for City Council Replacement

Mayor Drake said that Coun. Fred Ruby resigned last week. He distributed an information packet regarding the recommended process and timeline for filling this Council Position No. 1 (in the record). He said he reviewed the proposed timeline with Council President Stanton. He said the position would be posted on the City's Web page. He explained the term for this interim council position expires December 31, 2006 and this position is up for election in the May Primary and November General Elections. He reviewed the information in the packet which included a recommended timeline, application, samples questions and an interview rating form. He said Coun. Stanton was also developing new interview questions and would distribute them to the Council.

Coun. Stanton referred to the interview questions in the information packet and noted these questions were used in the past. She said she thought some of the questions could be reworded to be more contemporary and focused to today's issues. She said she would gladly accept any suggestions from the Council for additional questions or revisions to the sample questions. She referred to the interview rating page and said she liked the ten criteria because it addressed more of the issues a councilor would need to address. She said the timeline was developed to get the process done in a timely fashion and provide sufficient time to attract many good applicants.

Mayor Drake said Council would adopt a process this evening. He said beginning February 14, anyone interested in the position would need to contact the City Recorder's Office for the appropriate packet.

Coun. Doyle said that they needed to be sure that from the interview questions the Council would be able to determine if the applicant's answers address the ten rating criteria. For example, he said, when discussing the budget process, the question used needs to solicit the applicant's knowledge of the budget process. He said he thought the timeline was fine.

Coun. Arnold asked what groups within the city would be notified and how would people be notified of the recruitment.

Mayor Drake said notices could be sent out to the Neighborhood Association Committees, the Committee for Citizen Involvement, the Chamber of Commerce, the Westside Alliance and any other groups the Councilors would like to notify. He said the announcement would be on the City Web page and could also be noticed on the City's Web site calendars. He said there would also be coverage from The Oregonian and the Valley Times, as well as from this meeting which was being televised.

Coun. Bode asked to include information on all the activities in which the Council participates, including Council meetings, budget meetings, picnics in the park, meetings with other agencies and community responsibilities. She said she wanted applicants to be aware that the time commitment for councilors is more than just Monday night meetings. She added they also serve as liaisons to committees and were involved in the parade and holiday tree lighting ceremony. She said being a councilor was a half-time job and she wanted to be sure applicants could make this time commitment.

Mayor Drake reconfirmed the questions were being drafted. He said this was a public meeting and the candidates would be asked to wait outside of the Council Chamber until it was time for their interview.

Coun. Stanton asked about the length of time for the interviews; 15, 20 or 30 minutes.

Coun. Doyle said once the questions are drafted, it will be easier to determine the length of time needed for the interview.

Coun. Bode asked if approval of this process was done by motion or general agreement.

Rappleyea said he recommended a motion to approve the process.

Mayor Drake said the meeting for the interviews would be a public meeting and would be noticed according to public meeting laws.

Coun. Stanton said she would meet with the Mayor and staff to review the applications on the Friday before the interviews. She said background checks were now done for City employees and asked if that would be done for city councilors.

Mayor Drake said he did not think that could be done.

Coun. Stanton said Council candidates had to be 18 years old, a registered voter, and had to have lived in the City six months prior to appointment or election.

Coun. Stanton MOVED, SECONDED by Coun. Bode that Council approve the timeline for filling City Council Position No. 1 as proposed. Couns. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

Coun. Stanton said she had not sent out the Council's liaison appointments to the Boards and Commissions because she was waiting until they had appointed the new councilor. She asked if everyone agreed to continue their current assignments until the new person is appointed.

All the councilors indicated they would continue with their current appointments.

RECESS:

Mayor Drake called for a recess at 8:00 p.m. to setup for the executive session.

RECONVENED:

Mayor Drake reconvened the meeting at 8:20 p.m.

EXECUTIVE SESSION:

Coun. Bode MOVED, SECONDED by Coun. Arnold, 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. Arnold, Bode, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously. (4:0)

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

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

The regular meeting reconvened at 8:35 p.m.

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:35 p.m.

APPROVAL:

Approved this 6th day of March, 2006.

__________________________________
Rob Drake, Mayor