BEAVERTON CITY COUNCIL
REGULAR MEETING
FEBRUARY 6, 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 6, 2006 at 6:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle and Fred Ruby. Couns. Catherine Arnold and Cathy Stanton were excused. 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:

06015 Presentation on Metro's Proposed Bond Measure for the Protection of Natural Areas, Clean Water, and Fish and Wildlife Habitat

David Bragdon, Metro Council President, introduced Metro Councilor Susan McLain. He referred to Metro's proposed 2006 Natural Areas Bond Measure that will be on the ballot this November. He said the bond measure would provide funds to protect natural areas, clean water, and fish and wildlife habitat. He said the protection of natural habitats was crucial to water quality; the strongest tool for protecting natural habitats was acquisition. He said this bond measure would build on the work accomplished over the past decade under the 1995 Greenspaces bond measure.

McLain presented a PowerPoint presentation on the proposed ballot measure (in the record). She reviewed the projects funded by the1995 bond measure, including Stonegate Woods, Lowami Hart Woods Park, Forest Glen Park/Hiteon Creek and Johnson Creek Greenway. She said elements of the proposed 2006 bond measure included acquisition and improvement of regional and local natural areas, and a new Opportunity Grant Program. She said a Blue Ribbon Committee made recommendations to the Metro Council concerning how the bond measure funds should be used and these recommendations would be forwarded to area city councils for review.

McLain reviewed the Blue Ribbon Committee's recommendations for 11 new target areas, six proposed greenways and continued investment in existing areas. She said the Committee recommended that the total $220 million package be distributed to provide $44 million for local projects, $165 million for regional target areas and $11 million for the Opportunity Grant Fund. She said target areas would be selected based on water quality, habitat value, rarity, parcel size, restoration, connectivity, scenic resources, public access and partnerships. She distributed to the Council a packet of detailed information about the bond measure (in the record) that included a map and descriptions of the target areas. She said Beaverton's proposed local share was $2,357,895. She said Council would be considering a resolution listing the proposed local share projects at this meeting; this list would need to be submitted to Metro by March 1, 2006.

McLain reviewed the Opportunity Grant Program which she said was a new element in the proposed bond measure. She said this grant program would provide funds to "re-nature" neighborhoods, build community partnerships, leverage resources, restore habitat and implement demonstration projects.

Bragdon summarized their presentation stating there was a lot of continuity with the past values of the greenspaces program and there were new innovations in how the funds would be used. He said all these factors work together to build for the future. He said they were currently making this presentation to all the local councils in the region to obtain feedback on the proposal. He said the public hearings would be held on February 23rd in Hillsboro, on March 2nd in Damascus and on March 9th at the Metro Regional Center.

Mayor Drake thanked Bragdon and McLain for the presentation. He said the City Council was holding the hearing on the recommended project list at this meeting. He added that Beaverton’s need was greater than the funds available.

Coun. Doyle said he supported the past measure. He said he liked that there was continuity in the new proposal and that the bond measure was for a larger amount than last time because inflation has to be considered. He said it was impressive that the last bond measure received 60% of the vote and this new measure needs to be aggressively supported. He asked for additional information on the Opportunity Grant Program.

Bragdon said one of the strengths of the program was that by identifying in advance what projects would be done through the bond measure, there has been financial accountability and it can be shown that those promises were fulfilled. He said the Blue Ribbon Committee was made up of civic and business leaders who felt that in over a ten-year period there could be opportunities that were not thought of and that might not have been in a target area. He said one example was the acquisition of the Mount Williams property; the Committee recommended having a small amount of funds available for such opportunities. He said the Committee thought these funds should also be available to non-profit groups for they have been very active in environmental projects over the past several years. He said the Committee recommended having $11 million available for such a program over the next ten years. He said this was five percent of the overall total of the bond measure and it would be a useful tool for working with these groups.

Coun. Doyle said he thought this was a good avenue of service for non-profit groups; for every dollar spent from this fund Metro would get back much more in terms of volunteer services. He said this was outs tanding.

Coun. Bode referred to the flooding along Fanno Creek and asked if this was part of the natural evolution in this area.

Bragdon said Fanno Creek was an existing target area and it would continue to be a target area. He said protection of the floodplain has been an objective of the program. He said there was value in flood mitigation through acquisition.

McLain said they were often asked why they were trying to protect flood areas since building would not occur there. She said flood mitigation and water quality were very important to this program. She said they were protecting a resource that is used for flood mitigation, recreation, trails and habitats. She said this was a diverse program and Fanno Creek was important to this program.

Coun. Bode agreed it was a beautiful recreation area certain times of the year and it should be protected.

Mayor Drake said there was an article in the Oregonian about the Willamette in 1850 and how it used to flood. He said today the general thought was that it might be better to allow the flooding upstream to avoid flooding downstream in the more urban areas.

Bragdon said the acquisition of the stream areas has been a priority in the program. He said over the last ten years they were able to acquire 74 miles of stream frontage. He added that in cooperation with the Tualatin River Keepers, two of the sites along the Tualatin have been restored to more of a natural condition so those areas do store more water during the runoff periods which is good for the areas downstream. He said government agencies working with groups like the Tualatin River Keepers has been good for public involvement.

Mayor Drake said in the long run it was a benefit to this area to be able to preserve the creeks and streams. He said people value these resources and there is strong citizen support for preserving streams, farms and forest lands in this area.

Coun. Bode thanked Bragdon for the Metro meeting where they floated down the Tualatin River. She said that was a great experience for her and she learned a lot about rivers, streambanks, erosion and natural resources that day.

Coun. Ruby thanked Bragdon for the Cooper Mountain presentation last summer.

VISITOR COMMENT PERIOD:

There were none.

COUNCIL ITEMS:

There were none.

STAFF ITEMS:

There were none.

CONSENT AGENDA:

Coun. Ruby stated he would abstain from voting on Agenda Bill 06018 (a resolution authorizing a loan application with the Oregon Department of Energy for the Beaverton Central Plant at The Round) because his agency, the Oregon Department of Justice (DOJ), was the legal advisor to the Department of Energy, and his section at the DOJ has this responsibility. He said he was screened from any consideration of this item at the DOJ and he wished to follow through and do the same at the City.

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

Minutes of the Regular Meeting of January 23, 2006

06016 Traffic Commission Issue No. TC 589 - Parking Restrictions on the Public Streets of Murray Grove Townhomes (Eagle Ridge)

06017 Authorize Purchase of Tax Lots 1S1 16AD 2600 ( 4675 SW Main Avenue and 4605 SW Main Avenue) and 1S1 16AD 2700 ( 12820 SW First Street) and Transfer Resolution (Resolution No. 3849)

06018 Resolution Authorizing the Mayor to Apply for and Enter into a $1 Million Loan with State of Oregon, Department of Energy, to Expand and Extend the Beaverton Central Plant at The Round (Resolution No. 3850)

06019 Transfer of Road Jurisdiction from the Oregon Department of Transportation (ODOT) to the City of Beaverton (Resolution No. 3851)

Contract Review Board:

06020 Waiver of Sealed Bidding and Award Contract to Provide Structural Engineering Services for Seismic Upgrade Project for City Hall from the Beaverton School District Contract and Approve CM/GC Solicitation Process for Construction of the Project

Question called on the motion. Couns. Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (3:0) Coun. Ruby abstained from voting on Agenda Bill 06018.

WORK SESSION:

06021 Work Session on Graffiti Issues

Mayor Drake stated Police Chief David Bishop and Deputy Police Chief Chris Gibson would present the report. He said he also invited Penny Douglas, Vose Neighborhood Association Committee (NAC) Chair, and Darla King, Central Beaverton NAC Chair, to comment on this issue.

Chief Bishop said graffiti was a community problem and the Police and community need to work together as partners to solve the problem. He said the problem was two fold; tagging graffiti and gang graffiti. Gang graffiti brings an increase in gang problems. He said the gang problems have increased in Beaverton and the majority of the problems are in the schools. He said he was pleased and confident that the school officers, along with gang members have done a good job in maintaining the problem. He said in controlling the problem at the schools, this activity has been pushed out into the community that has been experiencing an increase in graffiti. He said they were working with the probation department to hold gang summits to resolve this problem. He said if they did nothing, within a short period time the gangs would take over the neighborhoods. He said it was absolutely critical that the community and the City work together to maintain and control the neighborhoods.

Deputy Chief Gibson showed pictures of graffiti found in the city. He said the majority of the graffiti was done by gangs marking their territory. He said there was a graffiti reporting site on the City's Web site or it could be reported to the Police. He said when the reports are received, they are documented and investigated. He said when the officers go out and take police reports they talk to the property owners and encourage them to cleanup the graffiti. He said the officers will follow-up to see if the graffiti was cleaned up but the onus is on the property owners to cleanup private property. He said the City's Operations Department has taken the lead in graffiti removal and there is a group of volunteers who also assist with cleanup. He said the City has developed an enhancement plan to deal with this problem and Operations will continue to take the lead in cleaning public property. He added the Council would consider an ordinance dealing with graffiti at this meeting; if adopted, the Code Enforcement Division will enforce the ordinance and will help with follow-up and tracking. He said the City Attorney's Office would be responsible for prosecution and the Neighborhood Office would be the key to the program in educating the public about graffiti reporting and removal. He said the neighborhood association committees have also offered to help.

Coun. Doyle said he liked the multi-faceted process for resolving this problem. He recognized former City Councilor Evelyn Brzezinski (who was in the audience) and said this was an issue she was very concerned about. He asked how much it would cost the City to process a graffiti case.

Bishop said they had not determined the cost as yet.

Coun. Doyle asked how large of a problem graffiti that had not been removed was and if there was a level of cooperation from the property owners.

Bishop said cooperation has been positive, but the length of time has been the hard part. He said there were a few pockets in the city where gang activity was strong and it took about six months to get the area cleaned. He said the proposed ordinance would help in getting faster cleanup.

Coun. Doyle said the community would not tolerate the graffiti and he supported the ordinance. He noted the ordinance allowed seven days for cleanup of graffiti and asked if staff felt that was adequate.

Bishop replied seven days was reasonable and the majority of other cities allowed seven to ten days.

Mayor Drake said the idea behind the ordinance was to encourage people to take care of the problem before the City has to act. He said he spoke to a joint meeting of the Central Beaverton and Vose NACs and he was told it was taking too long to get the graffiti cleaned up. He said the goal was to change the City's process to respond to the change in need.

Coun. Bode said the report showed there was a 188% increase in graffiti since 2004. She said the other issue was the cost to citizens and the City. She said that was not the picture they wanted to paint of the City. She said she supported this and she wanted to hear people's comments on the seven-day window for cleaning up the graffiti.

Mayor Drake said the Code only seeks compliance and the goal was to ask people if they were making progress in compliance.

Chief of Staff Linda Adlard said the average cost to the City was $166 per Code enforcement case. She said it would cost several hundred dollars for the police officers to be involved. She said if the Code Division has to do the cleanup, the cost would be a bit higher. She said if the citizens do the cleanup, the cost would be less.

Coun. Ruby said he did not see anything in the pictures that looked like street art and it sounded like zero tolerance was the only way to go.

Bishop and Gibson agreed.

Penny Douglas, Vose NAC Chair, said much of the graffiti and tagging was in the Vose Neighborhood. She said she checked what other cities did regarding graffiti cleanup. She said some cities require cleanup in 24 hours, which she felt was a hardship. She said seven days sounded good to her. She said many kids shoplift the products they use for graffiti and this needed to be stopped. She said the community needed to be involved and many people do not realize they need to do the cleanup or that it needs to be reported. She said community education was needed. She expressed concern that gang graffiti activities could lead to hate crimes if not controlled. The community needs to partnership with the City to control the problem.

Darla King, Central Beaverton NAC Chair, said she agreed with Ms. Douglas. She said she obtained a no trespassing sign for her business which has helped with the problem. She said the graffiti gets worse after a three-day holiday from school. She said art was a required course in high school and her daughter told her this graffiti was in many students' artwork at school. She suggested involving the art teachers in this problem.

Mayor Drake thanked Douglas and King for their comments.

The City Council considered Agenda Bill 06024, An Ordinance Amending Provisions of the Nuisance Code relating to graffiti, at this time.

ORDINANCE:

Coun. Doyle MOVED, SECONDED by Coun. Bode, that the rules be suspended, and that the ordinance embodied in Agenda Bill 06024, be read for the first time by title only at this meeting, and for the second time by title only at the next regular meeting of the Council. Couns. Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (3:0)

First Reading

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

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

Mayor Drake invited the public to comment on the ordinance. He explained public comments could be submitted by calling the Beaverton Police Department at the non-emergency number (503-629-0111) or through the City's Web site, under the Police Department section.

Coun. Doyle explained to the public that this ordinance formally defines "graffiti" and states that failure to remove graffiti from property within seven days of the graffiti's appearance is a class one civil infraction. He said property owners would be cited if the graffiti was not removed within seven days.

City Attorney Alan Rappleyea explained a class one infraction carries a $250.00 fine and would be prosecuted through the municipal court. He said property owners would be notified if there was a problem with abatement of the graffiti. He said if the owners did not remove the graffiti, City crews would do the abatement and the property owner would be charged for that expense.

Mayor Drake thanked Doyle and Rappleyea for the information.

PUBLIC HEARINGS:

06022 Development Services Fee Schedule Amendment (Resolution No. 3852)

Community Development Director Joe Grillo said staff was recommending amendment of the Development Fee Schedule to add a $5,000 fee for a Traffic Impact Analysis (TIA) report. He said this was related to a recently-annexed parcel on Scholls Ferry Road. He said the current owner did not wish to pay for the TIA upon annexation, so an agreement was reached with the staff that the City would prepare the TIA, at a cost of $5,000, and then recoup the cost when a development application is submitted. He said the proposed amendment establishes the fee and allows the City to recoup the cost when a development application is submitted.

Mayor Drake opened the public hearing.

There was no one present who wished to testify.

Mayor Drake closed the public hearing.

Coun. Ruby MOVED, SECONDED by Coun. Doyle, that the Council adopt A Resolution Superseding Resolution No. 3823 and Establishing Fees for Planning Permits, Appeals and Other Services Pursuant to Section 10.55 of the Beaverton Development Code. (Ordinance No. 3852). Couns. Bode, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (3:0)

06023 A Public Hearing to Determine a List of Projects to Submit to Metro for Receiving Local Legacy Program Funds from the Proposed 2006 Metro Nature In Neighborhoods Bond Measure

Planning Services Manager Hal Bergsma reviewed the staff report. He said the proposed 2006 Metro Nature in Neighborhoods Bond Measure would dedicate $44 million to local projects (Local Legacy Program funds). He said by March 1, 2006, each agency receiving Local Legacy funds was to submit a project list to Metro of the projects that would be done through the Local Legacy Program. He said this list was to be adopted by a resolution of the governing body after conducting a public hearing. He said Metro wanted this done for there was a greater chance that the bond measure would be approved if the projects were specifically defined. He said the purpose of this hearing was to present the proposed project list and receive comments on the proposed projects, and suggestions for other projects, that could be funded with Beaverton's share of the Local Legacy funds.

Bergsma added that Metro Councilor McLain had said earlier that the City would receive $2.3 million in local share money from the bond measure. He said that figure was based on 2004 population calculations. He said based on 2005 population estimates, the City would receive a little over $2.6 million. He said the Council would act on the resolution for the project list at the meeting of March 13, 2006. He reviewed the notification process for this hearing. He said the Tualatin Hills Park and Recreation District (THPRD) Board was also considering its list of proposed projects at its meeting this evening. He said some of the THPRD's proposed projects are included in the City's list, so there is an opportunity to combine resources. He said the proposed projects fit well with the Tualatin Basin Program. He reviewed the proposed projects in detail (in the record). The proposed projects were: 1) North side of Beaverton Creek and Light Rail Transit line, between Hall and Lombard Avenues; 2) SE Corner of Farmington Road and Menlo Drive; 3) West side of 155th Avenue, south of Sexton Mountain Drive; 4) Sexton Mountain Reservoir; 5) East side of 173 Avenue, between Cornell and Walker Roads; 6) Beaverton Creek, between Cedar Hills Boulevard and Hocken Avenue; 7) West side of 155th Avenue, at Snowy Owl Lane and Siskin Terrace; 8) Griffith Park; and 9) West side of Highway 217, between Fifth Avenue and Allen Boulevard. He said the total estimated cost for the primary projects was $2,675,000; estimated cost for the secondary projects was $500,000. He said the costs were a good fit in relation to the funding the City would receive from the bond.

Coun. Doyle asked if the City would receive an alternate list if the bond measure did not pass.

Bergsma said that was correct and the City would conduct another public hearing to consider the revised list. He confirmed that staff discussed the proposed projects with the THPRD in developing the list.

Coun. Ruby asked about the Fanno Creek Trail as it was not on the proposed list. He said there had been discussions about filling in the missing element of that trail, from Allen Boulevard, near the former Trianon Restaurant, to Denny Road, near the rock store. He asked if there was any reason this was not on the list.

Bergsma said projects along the Fanno Creek Trail and along the Power Line Trail, were on Metro's list for regional projects and would be funded from the $165 million funds dedicated to regional projects.

Mayor Drake opened the public hearing.

There was no one present who wished to testify.

Mayor Drake closed the public hearing.

Coun. Bode asked if these top nine projects were in random order.

Bergsma replied that the first seven on the list were in random order. He said projects eight and nine were secondary projects.

Coun. Doyle MOVED, SECONDED by Coun. Ruby, that Council direct staff to prepare a final list of projects as presented at this meeting, to be included in a resolution to be brought back to Council for adoption. Couns. Body, Doyle and Ruby voting AYE, the MOTION CARRIED unanimously. (3:0)

06024 An Ordinance Amending Provisions of the Nuisance Code Chapter 5.05 of the Beaverton Code - See Page 7

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 6th day of March, 2006.

__________________________________
Rob Drake, Mayor