BEAVERTON CITY COUNCIL
REGULAR MEETING
JUNE 18, 2007

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor
Rob Drake in the Forrest C. Soth City Council Chamber, 4755 SW Griffith Drive,
Beaverton, Oregon, on Monday, June 18, 2007, at 6:40 p.m.

ROLL CALL:

            Present were Mayor Drake, Couns. Catherine Arnold, Bruce S. Dalrymple,
Dennis Doyle and Cathy Stanton.  Coun. Betty Bode was excused.  Also present were City Attorney Alan Rappleyea, Finance Director Patrick O'Claire, Public Works Director Gary Brentano, Library Director Ed House, Human Resources Director Nancy Bates, Police Captain Ed Kirsch, Principal Planner Hal Bergsma, City Engineer David Winship, Senior Engineer Peter Arellano and City Recorder Sue Nelson.

PRESENTATIONS:

07123  Beaverton Green Power Challenge

Thor Hinckley, Portland General Electric (PGE), said they were proud to welcome the City of Beaverton as the newest 100% renewal power customer for all of its facilities and they were pleased to engage in the Green Power Challenge with the City.  He said they were eager to discuss the growth of renewable energy in Oregon with Beaverton residents and businesses.  He presented a PowerPoint presentation about PGE's Renewable Power Program and the Green Power Challenge in Beaverton.

Hinckley said PGE had offered renewable energy to all of its customers for six years and was No. 1 in the country for the sale of residential "green" power.  He said PGE currently had over 54,000 customers and more than 7% of residential customers participated in Green Power.  He said the City had chosen to purchase 100% renewal power for all of its facilities and they admired the City for taking this stand.  He said PGE set a goal to add 250 new residential and business customers to the Green Power Program during the Challenge.  He said PGE was promoting the Challenge on its Web site, in the newspapers and utility bill inserts, and at community events.  He concluded that renewable power was highly valued by PGE and they were proud to work with the City on this Challenge.

Mayor Drake thanked him for the presentation.  He proclaimed June 18 to September 15, 2007, as the Beaverton Green Power Challenge.  He said during this time there would be an effort to signup new customers and a community celebration would be held as part of the Beaverton Celebration Parade on September 15, 2007.  He presented the Beaverton Green Power Challenge Proclamation to Hinckley. 
Coun. Doyle said he had participated in PGE's renewable energy program since it was first offered.    

07124  Presentation by Kathryn Harrington, Metro Councilor

Metro Councilor Kathryn Harrington, District 4, gave a Power Point presentation on Metro activities for the second quarter of 2007 (in the record).  She reviewed in detail the Natural Areas Bond Measure that was approved by the voters in November 2006.  She said Beaverton would receive $2.6 million dollars from the bond measure and she reviewed the local and regional projects to be funded through the bond (in the record). She said Metro would hold eight open houses to receive input on the regional park improvements.  She said there were two open houses for this area: June 20, 6:00 p.m. to 8:00 p.m., at the St. Johns Community Center and June 26, 6:00 p.m. to 8:00 p.m., at the Forest Grove Community Auditorium.

Coun. Dalrymple asked if there would be an opportunity to acquire easements for trails rather than purchasing property to make the funding dollars go further. 

Harrington said they were actively pursuing conservation easements for that reason.     

Harrington said this was the first time that all of the local governments in this area had gotten together and crafted a Metro Regional Legislative Agenda.  She reviewed the three issues on the agenda.  She said the first issue was House Bill 2051 which would expand the Urban Growth Boundary (UGB) evaluation cycle.  She said this was a one-time, two-year extension of the current five-year UGB review cycle; the bill passed both Legislative houses and was going to the Governor for signature.   The second issue was Senate Bill 1011 which would reaffirm the jurisdictions’ ability to utilize urban reserves and define and designate rural reserves.  She said this bill passed both houses and was going to the Governor for signature.  She said once the bill was signed, the rule-making process would begin and potential reserve areas would be identified and designated.

Coun. Stanton noted that Senate Bill 1011 established authority for Metro and the counties to designate urban and rural reserves.  She asked if the cities would be part of the process. 

Harrington said the cities would be part of the process, but per the statutory authority Metro was the entity responsible for developing the proposal and obtaining approval from all of the cities for the urban reserves; and the County had similar authority for the rural reserves.  She said the way the bill was written they were dependent on one another and it would be a collaborative effort.

Coun. Stanton said she appreciated the collaborative effort but she would be more concerned if the City did not have Mayor Drake looking out for its interests as he served on many of the regional committees.  She said she would trust Harrington to look out for the interests of all of her constituents.

Harrington said the third issue was transportation funding.  She said the region’s needs had outpaced its financial resources.  She said additional funding was needed to maintain existing roadways, build and expand new roads and highways, and improve public transit.  She urged the Council to remain in contact with the State Legislators to stress the need for additional funding.

Coun, Stanton asked if there were any legislative bills for transportation funding.

Harrington said discussions were occurring and there were proposals in the Ways and Means Committee, but there were no specific bills yet.  She said the Legislature was in its last two weeks of session which would be an interesting period.

Coun. Doyle asked if there were any specific proposals that Metro was considering or had submitted other than her previous response to Coun. Stanton.

Harrington said no specific proposals were given to the Legislature; Metro had indicated that there was a need to focus on transportation funding.

Harrington thanked Coun. Stanton for attending the “Get Centered” in Vancouver B.C.; and noted there would be a recap roundtable of this trip on July 11.  She reviewed upcoming programs on building infrastructure and system development charges and said times and locations were available on the Metro on-line calendar.    

Mayor Drake thanked Harrington for being very accessible and reporting on a regular basis was helpful.  He said they appreciated her personal efforts. 

Coun. Doyle noted that Metro had several significant tasks scheduled for this summer in its draft Road Map for Regional Choices.  He asked what methodology Metro was going to use to accomplish these tasks and if the City could help in that process.

Harrington said they were doing several tasks including, identifying the stakeholders to ensure they were all engaged in these projects; taking these projects through the Metro Policy Advisory Committee and the Metro Technical Advisory Committee, so cities will be kept informed on what is occurring; and assessing the projects to ensure that they provide the cities with key points of engagement on potential projects.  She confirmed that the cities and the public will be involved in this process.   

Coun. Dalrymple said his concern was transportation and anything that could be done to get outside assistance to obtain funding to improve the region’s transportation system would be appreciated.  He said this meant going beyond light rail and included looking at automobile transportation.      

Coun. Stanton said SW 125th Avenue was an incomplete road that runs between a regional center and a town center.  She said this project had been in the books for 35 years and there was no funding to construct the road.  She asked at what point a case could be made to Metro that a road connection that would link two major arterials (Hall Boulevard and Scholls Ferry Road) to a regional center and town center should be approved for funding.  She said this went beyond thinking of the road extension as a connection of a local arterial.    

Harrington said 125th Avenue was a good example of a road that may be considered for regional mobility.  She said City staff had worked with Metro to identify the roads and connections that were linked to regional mobility.  She said she knew this project was close to Coun. Stanton’s heart. 

Coun. Stanton asked if a case could be made for completing the extension between two arterials that connect a regional and town center.  She stressed this road was needed to take the pressure off the surrounding streets that were not built to handle that much traffic.

Harrington thanked her for putting this on her radar screen.  She said one issue being considered for the Washington County Transportation Plan was a grid system to accomplish these types of projects.  She said conclusions had not yet been reached.     

Coun. Arnold noted the Road Map referred to adopting a regional infrastructure strategy and fund and regional agreement on recalibrating capacity expectations.  She asked if the recalibrating capacity expectations referred to the number of people.

Harrington said this meant recalibrating the capacity in terms of how healthy communities were being built within the existing UGB and in the ability to meet those needs given the infrastructure funding opportunities; and given new investment strategies, how might there be different results.  She noted on the Road Map it showed regional agreement on investment strategy and funding in the latter part of 2007, and then taking those ideas and applying them at the end of 2008 to see what would be affected if they applied different models.  She said this was not the numbers evaluation that Coun. Arnold was referring to with the urban growth report; that would be a subsequent step.   

Coun. Arnold said this sounded like a very different approach; previously the City had identified and prioritized its needs.

Harrington said this would focus on investments; downtowns, main streets, etc.

Mayor Drake said that in MPAC and JPAC meetings he has stated that the region needs $10 billion for the next 20 years and only $4 billion has been identified.  He said he was frustrated for it seemed that because the gap was so large, they had given up and decided to narrow the focus to town and regional centers including downtown Portland.  He said if the region was going to grow and attract quality employers and people they needed to be far-reaching and have a strong vision.  He said Metro helped craft a strong vision for the centers but the region was woefully short on funding for long-identified needs including the 125th Avenue Extension.  He said he continued to hope that the needed funding could be found.

Coun. Doyle said he shared the Mayor’s observation and that was why he had asked if Metro submitted any ideas at the current legislative session.  He said he sensed the lack of any action on this issue and he felt the Legislature should provide leadership.  He said this was a state-wide problem and the solution has to be crafted state-wide.  He said they could not fix the major connectors. 

Harrington said that was why the regional directors put transportation funding on the Regional Legislative Agenda; to ensure the Legislators know the regions are depending on them to focus on this problem.  She said Metro would continue to seek additional funding from all sources.    

Mayor Drake said that the Portland-Vancouver-Beaverton region received an Award of Excellence and was rated No. 3 in the list of cities as the best place to live in 2007.    

07125  Beaverton Arts Commission - 2007 Annual Art Awards

Nancy Moyo, President Beaverton Arts Commission (BAC), presented the 2007 Annual Awards, as follows:
Volunteer of the Year – Jeanette Pilak
Business of the Year – Herzog-Meier Auto Center
Member of the Year – Barbara Mason
President’s Award – Heather Humelbaugh, Urban Rhythms Coffee Company
Art Leadership Award – Dawn Holt, WA County Arts, Heritage and Humanities Coalition
Art in the Marketplace Award – Amy Saberiyan, Ava Rosteria
Outstanding Achievement in the Arts by an Elementary School Student – Christian Broberg, Scholls Heights Elementary School.
Outstanding Achievement in the Visual Arts by a High School Student – Maisha Foster-O’Neal, Westview High School.
Outstanding Achievement in the Performing Arts by a High School Student – Jameson Tabor, Westview High School
Outstanding Performing Art Educators – Jeff Hall and Elaine Kloser, Jesuit High School
Outstanding Visual Art Educators – Deborah Teeter, Beaverton High School, and Tamara Ottum, Aloha High School

Coun. Doyle thanked Moyo for her work and Herzog Meier for its support of the BAC.  He congratulated all the new members of the BAC. 

Coun. Stanton reminded everyone that the local high schools produce fabulous concerts, plays and art shows every year.

VISITOR COMMENT PERIOD: 

Henry Kane, Beaverton, displayed a circuit board that he said was one of many found on the 167th Avenue site of the Beaverton School District Bus Barn.  He said the boards were found by the neighbors and were given to the District, and the District had not acted on this matter.  He suggested that the Council adopt a resolution requesting the Seattle Office of the U.S. Environmental Protection Agency (EPA) to conduct an environmental hazards investigation of the proposed bus barn facility and report the findings to the City, the District and the public.   He said the Council had a letter from Hal Oien, Concerned Citizens of Beaverton, asking that the City take action on this issue.  He said that site was contaminated and the contaminants were leaching into Willow Creek and adjacent property.  He stressed it was time to take action for the District had failed to do so and this issue was first raised in 2002. 
Mayor Drake said the City Attorney had followed up on a similar request made by Dave James and asked that he had briefed Council on the issue.

City Attorney Alan Rappleyea said when the issue was raised previously he discussed it with the School District’s attorney asking if the he was aware of the circuit board issue.  He said the District’s attorney said they were aware of the issue and they had seen a few of the boards.  The School District’s attorney said they had done the site analysis, environmental testing and Phase 1 of Environmental Review, and the site came up clean, so further testing was not required.  He said it was in the District’s interest to be sure the property was clean because if problems were found later on it would be more difficult to resolve.  He said the Department of Environmental Quality (DEQ) was the appropriate agency to handle this issue, not the City’s Code Enforcement division.  He said the DEQ strongly enforced cleanup and imposed fines on such complaints and this site was not identified as a problem site.  He said the EPA would not help since the DEQ implemented Federal law. 

Coun. Stanton asked if the Phase 1 Environmental Review was an EPA review. 

Rappleyea said Phase 1 was the standard in the industry for real estate purchases.  He said this involved researching the property use, walking the site and testing.  He said if anything was found that was worrisome, a Phase 2 analysis would be done which was a more elaborate analysis. 

Coun. Stanton said she remembered other environmental problems (Three-Mile Island; Lake Erie burning) and she wanted some assurance because seepage into the creek could occur from this site.  She said she wanted assurance that all due diligence was done and there would be no consequences. 

Rappleyea said the District’s attorney assured him Phase 1 was conducted and that required due diligence.  He said the City could ask for additional testing but that was not typically done through the land use process.  He said he could not imagine why the District would not remedy the situation because it would only get worse.

Coun. Stanton asked if the District sent a copy of the Phase I Environmental Review to the Concerned Citizens of Beaverton and other interested parties for the report could allay their fears.      

Rappleyea said he did not know if that had happened but he could find out.

Coun. Dalrymple said there had to be a reason the Phase 2 analysis was not required and the City did not have the authority to require that the District do more than what it had already done.  He said this was the School District’s personal business, but it would be good to have the report available.  He said if the Council was concerned, it could urge the District to do additional study but compliance by the District would be voluntary. 

Mayor Drake said he faxed Oien’s and Kane’s letters to the District this evening.  He said he thought if the citizens requested this information the District would supply it. 

COUNCIL ITEMS:      

Coun. Doyle said that June 28th was the first Picnic in the Park at Autumn Ridge Park. 

Coun. Stanton said that tomorrow night was the Annual Volunteer Recognition Dinner at the Library and she invited everyone to come. 

STAFF ITEMS:           

There were none

CONSENT AGENDA:

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

PULLED - Minutes of the Regular Meeting of June 4, 2007
(Pulled for potential revision.  To be brought back at meeting of July 9, 2007)

07126  Liquor License - New Outlet: Mario's Deli

07127  Compensation Changes

07128  Intergovernmental Agreement (IGA) with Tualatin Hills Park and Recreation District Transferring Control of the Barrows Park Property to the District

07129  Withdrawal for Reconsideration of the Decision on the Pointer Road Subdivision, R. K. Wilson v. City of Beaverton, LUBA No. 2007-0075

07130  A Resolution Certifying that the City of Beaverton Provides Certain Services Necessary to be Eligible to Receive State-Shared Revenues Under ORS 221.760 (Resolution No. 3902)

Contract Review Board:

07131  Selection of Primary Vendors for Computer Units, Network Devices, and Replacement Parts

07132  Contract Award - Retainer Agreement for Hydrogeologist of Record for FY 2007-08

07133  Bid Award - Seismic Upgrade Construction Project for City Hall

07134  Bid Award - Neptune and Sensus Water Meters "Or Equal" Requirements Contract

07139  Exemption From Competitive Solicitation - Authorization of a Sole Seller to Provide Web-based Social, Economic, Environmental Information Technology for the Community Visioning Project

Coun. Stanton referred to Agenda Bill 07134 and asked why the models were called out by name if the “Or Equal” stipulation was being used.    
Public Works Director Gary Brentano said those two brands were the meters primarily used in the city.  He said if there were no meters available, they would look for a similar model from another brand.  He said for efficiency and simplicity, it was best to stay with the two brands.    

Coun. Stanton asked if the “Or Equal” referred to specific specifications.

Brentano said there were specifications for those models and other brands had to meet those basic standards and a certain level of quality.  He said he was aware of only one other brand that met those standards. 

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

RECESS:

Mayor Drake called for a brief recess at 8:00 p.m. 

RECONVENED:

Mayor Drake reconvened the meeting at 8:15 p.m.

PUBLIC HEARINGS:

07135  Capital Improvements Plan for Fiscal Years 2007/08 through 2008/09 for Transportation, Water, Sewer, and Storm Drain Project

Coun. Stanton asked if anything new had been added or removed since the Budget Committee hearing.    

Brentano said the only new item was the CIP supplement that was in the Council packet.  He said there were no changes in that document; only the format was different.    

Mayor Drake opened the public hearing. 

 Eric Johansen, Beaverton, said he was speaking as a citizen and there were resources available to fund needed transportation projects.  He asked that the City come back in one year with a fully-funded financial package for the completion of 125th Avenue.  He said twenty years ago he and a group of neighbors asked the City Council to prioritize, fund and construct the 125th Avenue Extension.  He said he left that meeting believing something would be done; however, nothing had happened since that time.  He said he recognized that this was an expensive project at $11 million and that the City did not have that in the budget.  He said the City would never have that much in discretionary funds to construct this project.  He said the project would not be funded until the Council and Mayor make it a priority and ensure that it is funded over a reasonable time frame.  He said there were many funding sources available including MSTIP, MTIP, TIF, gas tax revenues, etc.  He said a combination of these sources could get this project constructed. 

Coun. Doyle asked for suggestions about what the City would not fund.

Johansen said he knew there were other needs, but over the last 20 years there had always been other projects that were being funded ahead of 125th Avenue.  He asked that the Council keep this project at the top of the priority; there would always be other needs but it was time that this project be funded for it has waited long enough. 

Coun. Dalrymple said he reviewed the CIP Program thoroughly at the Budget Committee hearings.  He said after his review, he asked himself what projects have to be done, which ones were good to do, which ones should be done and which ones do not have to be done.  He said he concluded that 125th Avenue was a project that needed to be done and he brought that up at the Budget Committee meeting.  He said the consensus was to come back with a funding package to construct that road.  He said he was hopeful that the Mayor and staff would return with a package soon.    

Mayor Drake said that staff would return by the end of summer with suggestions for funding packages.  He said he was a new City Councilor 20 years ago when Johanssen lived on Sorrento and made this request.  He said there was more traffic going through south Beaverton today than ever before.  He said one of the difficulties was that the needs outpace the available funding and combining funding sources was likely to occur.  He said one of the short-term concerns he had regarding funding 125th Avenue with Beaverton citizen funds only would be that a lot of traffic that would use that road were coming from Tigard, Sherwood and Yamhill County. 

Coun. Dalrymple said he would like to see 125th Avenue completed before the City turns its visioning focus to other areas.  He said when they turn away from the south side of the city and start visioning for the core of the city that is another level of work.  He said if they were to start focusing the dollars on the core now, it’s possible that the City would not be able to finish 125th Avenue for a long time.  He stressed he wanted to see 125th Avenue completed for he hoped they would develop a funding plan to get that project done but he did not see this as a long-term effort.    

Coun. Doyle said staff had a challenge to come up with a plan that was palatable and would not stifle the growth in other areas of the city.  He wished them luck for it was a real dilemma. 

Mayor Drake closed the public hearing.

Coun Doyle MOVED, SECONDED by Coun. Dalrymple that Council adopt the Capital Improvements Plan for Fiscal Years 2007/08 through 2008/09 for Transportation, Water, Sewer and Storm Drain Projects, and direct staff to distribute copies of the final CIP as outlined in Agenda Bill 07135. 

Coun. Stanton said that hopefully 125th Avenue would be improved in the near future for the residents in the southeast corner of the city substantially support the City financially and have looked for this road to be completed.  She said she remembered that the City fronted the money to the County for the Hart Road improvements and she asked if the reimbursement funds could go to 125th Avenue.  She said she thought there was consensus about that but those funds did not go toward 125th Avenue.  Stanton said that six years ago the Mayor said that 125th Avenue could be done once Murray Boulevard, Scholls Ferry Road and Hall Boulevard were done.  She said those projects were completed and it was time to look at 125th Avenue.  She said she hoped by the end of summer they see a fully-funded package to construct this project.  She stressed this project has to proceed for the residents in that area were dying.  She said she would support the CIP. 

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

07136  A Resolution Adopting a Budget for Fiscal Year Commencing July 1, 2007
(Resolution No. 3903)

Finance Director Patrick O’Claire said this public hearing was on the adoption of the Budget for the Fiscal Year commencing July 1, 2007, and for the use of the proposed State Revenue Sharing Funds.  He said the budget was reviewed and adopted by the Budget Committee with amendments, which he reviewed (in the record).    

Coun. Stanton asked if there was money in the budget for the 125th Avenue Extension. 

O’Claire said there was not but staff would bring to Council alternative methods for funding that project.    

Mayor Drake opened the public hearing. 

No one wished to testify.

Mayor Drake closed the public hearing.

Coun. Doyle MOVED, SECONDED by Coun. Arnold, that the Council approve Agenda Bill 07136, A Resolution Adopting a Budget for Fiscal Year Commencing July 1, 2007, including the amendments described by the Finance Director.

Coun. Stanton explained the budget to the audience and said it was available on the City’s Web site.  She added that for the past 19 years the City had received awards for its budget presentation.  

Coun. Arnold said there would be a budget summary in the Council Corner of the next Your City newsletter. 

Coun. Dalrymple said he thought the budget was well prepared and well presented.  He thanked staff for their good work through the budget process this year.    

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

WORK SESSION: 

07137  Stormwater Permit and Management Strategies

Public Works Director Gary Brentano introduced City Engineers Peter Arellano and David Winship.  He reviewed the history of the City’s relationship with Clean Water Services (CWS).  He said CWS has suggested that a more regionalized approach to stormwater management was an appropriate next step for CWS as an agency.  He said CWS reached that conclusion because:  1) Regulatory bodies are seeking a higher level of conformance to clean water standards relative to discharges into streams and creeks; and 2) Even though the cities are partners with CWS in stormwater management activities, all of the cities’ procedures are a bit different and CWS believes procedural uniformity was needed for reporting purposes. 

Brentano said CWS has suggested that certain activities, such as construction of stormwater and sewer systems, should be regionalized and prioritized by CWS, with cities’ assistance.  He said the City has performed to the maximum letter of the intergovernmental agreement (IGA) with CWS and the City’s level of service has been identical to or better than that provided by CWS.  He said staff believed it was time to discuss having the City become a co-permittee with CWS for stormwater management in Beaverton. 

Brentano said that the City would not separate itself from CWS and the partners because the broad permit issued to CWS was a watershed permit which meant it was directly related to the Tualatin River and everything associated with the river and its basin.  He said staff recognized the City’s regional obligations to CWS and the partners; none of what was recommended would alter those obligations. 

Peter Arellano presented a PowerPoint presentation on the Stormwater Permits and Management Strategies.  He said as a co-permittee the City would have more direct responsibility for stormwater management within the city limits and it could streamline the plan review process.  He reviewed the benefits of becoming a co-permittee in detail (in the record).

Coun. Stanton said there was a MS 37 Claim where the claimant was suing the City and CWS because the City could not act without a Service Provider Letter and CWS would not provide the letter.  She asked if under this scenario the City would be the only party sued, for it would be the agency issuing the Service Provider Letter.

Arellano said he believed that was correct.

City Attorney Alan Rappleyea said the defense used on that case was that this was a Federally-mandated program involving clean water so it was excluded from M37.  He said with M37 going back to the voters that might be less of an issue.  He said another defense was that districts were not included in M37 and the City would not be a district any longer.

Coun. Stanton asked if the National Marine Services Fisheries Services 4D Rule would still apply.

Rappleyea said per M37 this was the same issue of Federal legislation.

Brentano said one problem developers faced was the 25-foot buffer requirement.  He said there were alternate strategies that provide the necessary protection and still enable development.  He said those tools were available to explore. 

Coun. Stanton asked if the Tualatin River Basin Goal 5 Coordinating Committee had come up with a buffer zone.

Hal Bergsma said the Tualatin River Program was adopted by the Coordinating Committee and Mayor Drake serves on that Committee.  He said that Committee was formed in response to Metro’s effort to protect significant natural resources in the region.  He said Metro adopted regulations under Title 13 of the Metro Urban Growth Management Functional Plan and the Tualatin Basin Program was recognized as the response of the local governments in the Tualatin Basin to the requirements of Title 13.  He said that included cooperation with the other cities and CWS, as well as implementation of CWS’s Healthy Streams Plan.  He said as co-permittee the City’s relationship might change a little bit but he did not think it would jeopardize the City’s compliance with Title 13; the City would have to be aware of this as it pursued this matter.  He confirmed for Coun. Stanton that Title 13 also involved Goal 5, EPA and the National Marine Fisheries Services compliance.

Coun. Stanton asked if the Coordinating Committee had established a minimum standard for the stream buffer.

Bergsma said Title 13 required a 50 foot buffer on each side of the stream and CWS construction standards allowed a decrease of the buffer to 25 feet.  He said if the City deviated from those standards, that could raise questions regarding the City’s compliance with Title 13.  He said the City would have to review carefully any changes to the CWS standards.

Coun. Arnold asked if the buffer could be changed to ten feet.

Brentano said that would have to be done in a way that validated the strategy as a way to provide the same level of water quality and protection for stream banks that the 25-foot buffer provides.  He said much of the re-developable area adjacent to the streams did not meet those standards, for the standards did not exist when the property was developed.  He said there was a conflict between an expanded buffer and the land owner’s ability to use the property as it had been used historically.  He said strategies were needed to meet these requirements to aid redevelopment.

Mayor Drake said the City had to work with the State’s and Metro’s Goal 5 Plans.   He said there was no hard and fast rule; for example, there were filters in the system that could treat stormwater in lieu of a bio-filter and this could maximize land use which was good in a Regional Center.  He said this would help prompt redevelopment.  He said the City would still be a co-permittee and there would be efficiencies in the process that would make redevelopment easier.

Arellano said a third benefit to being a co-permittee was that design and construction standards could be improved to better meet the City’s needs.  He said currently CWS standards were suited for new development on raw land.  As a co-permittee, the City could potentially offer credit for low-impact development designs and reduce the reliance on the standard water quality treatment ponds and swails.  He said it would also permit use of proprietary water quality treatment devices and sensitive area buffer standards could be created for re-development.  He said potentially this would open the door to using low-impact development standards to infiltrate the water into the ground where it would filter through natural processes rather than having it run-off into the streams. 

Coun. Stanton asked where the potential was if the City still had to use the same standards.    

Arellano said this presentation was the first step to introduce the Council to this idea.  He said negotiations would be needed with CWS and DEQ on the Stormwater Management Plan and the resulting permits.  He said until the City goes through that process, it would not be certain of what it would be able to do.

Mayor Drake said this was a policy decision so staff was seeking authorization to explore the benefits of this change. 

Arellano said as a co-permittee, the City could recapture a portion of the stormwater charges currently remitted to CWS and the City would control the budgeting and spending.  Also, the City could choose a maintenance schedule that maximizes efficiency with other public works functions, thus improving maintenance through better resource utilization than that provided by CWS.     

Coun. Stanton asked if CWS would not agree to amend the IGA with the City to meet the City’s maintenance needs. 

Brentano said the City and CWS handle post-development line inspections differently. He said the City requires that developers clean the lines and then the City inspects them; CWS instead asks the developer to provide them video footage of the lines. 

Coun. Stanton repeated her question regarding amending the IGA.      

Brentano said they could discuss that with CWS, but experience has shown that CWS tended to be prescriptive, as opposed to permissive, because of its relationship with all of the cities.  CWS does not tailor the program to the needs of the individual cities and treating the cities uniformly was not always the best for Beaverton. 

Arellano said the final benefit was that the City would control reporting, potential sampling and monitoring requirements.  He said under a City-created Stormwater Management Plan, the City could report data that closely tracked City efforts. 

Coun. Stanton confirmed DEQ criteria issues would still have to be met. 

Arellano said there were two potential issues: 1) The EPA has shifted its focus to municipal permit compliance and was aggressively auditing MS4 permits; and 2) The City may be more prone to third-party legal action for failure to enforce the permit requirements.  He said it was felt that the liability would not be that much greater, though there is liability if the City did not follow the conditions of the permit.

Mayor Drake said the City has strongly supported and would be sensitive to environmental issues.  He said this was an opportunity to learn from environmental stewards.  He said this was a great positive opportunity.

Coun. Arnold asked if the City would not be linked to CWS. 

Arellano said the City would be covered by the same permit but its status would be elevated from co-implementer to co-permittee, which was more of an equal rather than a subordinate.  He said that would allow the City to create its own Stormwater Management Plan tailored to meet the City’s needs. 

Coun. Arnold asked if the City would still pay for activities that CWS would perform, such as the water monitoring.

Arellano said the responsibilities of CWS would have to be negotiated; at this time the only service that CWS would provide would be water quality monitoring.

Brentano said there were preliminary discussions with DEQ three years ago and DEQ would look to the City to do the same activities as CWS to support water quality.  He said DEQ would look to the City as being the primary responsible agency in the geographic area of the city for these activities.  He said the City’s permit would be much like CWS’s permit; and the City would implement the permit in a way that was most appropriate to the City and to the satisfaction of the DEQ.

Coun. Arnold asked how many other jurisdictions have done this.

Brentano said the CWS model was unique in Oregon; most cities are co-permittees under a county umbrella, as is the case in Clackamas and Multnomah counties. 

Coun. Arnold asked if it was common to change from one process to another.

Brentano said this issue was not raised for the cities in Clackamas County that have always had co-permittee status.  He said to his knowledge in other counties no one has suggested that there should be one regional agency over all of the cities.

Winship said CWS had been the sanitary sewer service agency since 1970 and became involved in the stormwater management in 1990.  He said the City had its stormwater utility in 1989, and its sanitary sewer system since 1893, so the City has been in this business a long while.

Coun. Stanton asked if there were any co-permittees in Washington County.

Arellano said there were none.

Coun. Dalrymple asked if CWS was encouraging cities to become co-permittees.

Brentano replied CWS has not.  He said the City would maintain a relationship with CWS for it was an important relationship.  He said he spoke several times with CWS staff advising them of the City’s likely intention to proceed and no one had disparaged that action.  He said CWS preferred that the City not do so, but it recognized that Beaverton was more unique than the other cities for various reasons.  He said CWS trusts the City would maintain its relationship as a full partner.  He said he believed CWS would recognize that having Beaverton as a co-permittee was not bad for CWS.

Coun. Dalrymple asked if this process would improve the development review process verses having to work separately with the City and CWS for different permits. 

Brentano said yes it would improve the process for the City would be responsible for the service provider letters and other coordination currently handled by CWS.    

Coun. Dalrymple asked if there would be any level of duplication. 

Brentano said there would be no duplication. 

Coun. Dalrymple said he understood that CWS was not a fan of the system filters.  He asked if the City favored the filters because it wished to be more supportive of redevelopment, especially in areas where there was not a lot of space.

Arellano said that was one reason and there was ample evidence showing that the filters outperform the biological systems preferred by CWS.

Brentano said the City was the only entity in the County that has used and maintained these filters broadly and has data to support its findings.  He said the City’s experience has been remarkably good. 

Coun. Dalrymple asked if the City would continue its current practice of having the vendor install and maintain the filters through the warranty and then the City would take over maintenance. 

Brentano said that was correct.

Coun. Dalrymple asked if this would lengthen the development process.

Arellano replied this would put the City in control of the timeline.

Coun. Dalrymple asked if they had determined how many additional FTE employees would be needed to implement the program.

Arellano said that analysis had not yet been done.

Brentano said CWS had one biologist and it was not known if the City would need a full-time biologist or if it could buy the services as needed.

Coun. Arnold said she had some concerns though she understood the advantages.  She asked if this would look like the City was playing turf games; trying to take turf away from the County. 

Brentano said the City has always performed the tasks that they were proposing with exception of the issuance of the service provider letters, management of 1200C Permits and reporting requirements.  He said the City was already doing the majority of the work and still paying CWS for the services.  He said if the decision was made to regionalize priorities, Beaverton’s priorities would have to compete with priorities from other areas and it would be penalized for system improvements that the City has already done. 

Mayor Drake said that after the 1996 floods the Council approved a rate increase to retrofit the system to eliminate the flooding that had occurred in the community.  He said that had been very effective and the areas that usually flooded, no longer do so.  He said the City was currently maintaining all of the lines up to 24 inches.  He said as the systems are replaced, the City would respond faster and more effectively.  He said CWS has done a nice job and been a good partner.  He said the community has grown in size and the staff was highly qualified, making the City a nimble efficient agency.  He said it was part of the plan for the City to deal with the whole package. 

Coun. Arnold said she knew CWS does a great deal of scientific research.  She said she assumed since the City would not have a biologist it would not do that type of work, though currently it does contribute to the work as a member.

Brentano said he was not sure that that type of research was performed by a biologist.  He said a biologist would examine the effects on fish habitat and adjacent property.  He said neither CWS nor the City had examined what happens to streamflows as result of detention that may not exist in the volume that it may need to in some places.  He said as a co-permittee, the City would have the opportunity to examine those issues from a policy perspective. 

Arellano reviewed the dates for key action points in detail (in the record). 

Coun. Dalrymple asked what the cost would be for consultants to do the Stormwater Management Plan. 

Arellano said the cost would range from $50,000 to $100,000. 

Brentano said Council approved $50,000 in this year’s budget for that purpose. 

Coun. Doyle said he would give his questions to staff in writing to prepare a response to share with the entire Council.    

Coun. Stanton asked what the next steps would be.

Brentano said staff was seeking Council’s informal consent, so they could advise CWS of the City’s intentions and begin discussions with DEQ.  He said if the City were to find this was too onerous a task, it could always turn back.  He said staff would then return in August or September to update Council on the status.    

Mayor Drake advised Council that Brentano had been talking to DEQ for quite a while doing reconnaissance to get a basic look at the situation.  He said this would not surprise the County.  He said he and Brentano spoke with CWS General Manager Bob Cruz and Deputy Manager Bill Gaffi, and he talked with the County Commission Chair Tom Brian, to let them know they would be discussing this with Council.

Coun. Doyle said he was glad to hear this would not be a surprise to anyone.  He said he liked that this would speed up the development process, improve efficiencies and provide better wastewater cleanup.  He said he was not averse to having staff initiate formal discussions. 

Coun. Dalrymple said he was very comfortable with proceeding on this matter and if this resulted in a more cost effective development process, that would be great. 

Coun. Stanton said she agreed with the two previous comments though she needed to see the cost benefit ratio.  She said she wanted to ensure it was cost effective for she saw the City gaining substantial responsibilities if this goes forward. 

Coun. Arnold asked if CWS and the County were aware of this and it would not be a surprise.

Brentano said they all know about this informally and this week a formal letter would be sent to these agencies.  He said no one could say the City had not raised this issue; they have talked about this option for several years.  He said they worked diligently within the confines of the group to come to a conclusion that may not have put them on this course.  He said staff felt it was time to look into this change. 

Coun. Arnold asked if a resolution was needed to pursue this.

Mayor Drake said a resolution was not needed.  He said the City could pursue this as part of a general work plan but what the staff was trying to do was to apprise Council that the City was at the point where this needs to be studied.  He said staff felt the City could better direct those services and in the long run it would be in the better interest of the City to be a co-permittee.  He said “co” meant joint, so the City was not proposing to go out on its own.  He said CWS was currently proposing to take over many of these services within the cities effective July 1, 2008.  He said the cities were not happy with this recommendation for there were basic services that cities should provide to be a full-service city and to be responsive to the citizens.  He said that was why staff felt this was the time to discuss this with Council. 

Coun. Arnold asked if CWS was proposing to take over services that are currently performed by the cities.

Mayor Drake said that was a broader discussion that was occurring; it would be effective July 1, 2008.  He said in talking informally with mayors and managers from other cities, they felt CWS was headed in the wrong direction.

Coun. Arnold said this was a bigger political issue than she had realized.  She said since this was a work session, she had not realized she would be asked to approve proceeding and she did not feel comfortable with agreeing to that.

Coun. Dalrymple said he felt it was important to take the next step and perform due diligence to get the necessary information, and that was the proper way to proceed in the public process.  He asked Coun. Arnold to reconsider, for this was needed in order to make an intelligent decision.

Coun. Arnold said she was not convinced that this was not a surprise action and she did not want to find out after the fact that this was a surprise to anyone.

Mayor Drake reiterated that he had spoken to the Washington County Commission Chair and to County Commissioner Roberts about this recently.  Also, he and Brentano have discussed this multiple times with the CWS Manager and Deputy Manager.  He stressed they had discussed this with the top people in these agencies.

Coun. Arnold said that was the Mayor and staff talking to a few people.  She said the same thing happened with the annexation issue when the resolution was passed and then it turned out to be a surprise to many people.  She said she did not want the same kind of surprise again and she felt this had that potential.  She said she did not want to hear that the County Commissioners or CWS were not aware of this.  She said she was not comfortable with action and she would prefer more time to think about this and talk to other people before she acts on this matter.

Coun. Stanton said she was comfortable with this first step for it would allow the City to have a conversation with CWS regarding funding issues.  She said sending the formal notice would give CWS the opportunity to reassess how it has worked with the partners and to possibly add flexibility to its program to meet the needs of the urban area.  She said she believed CWS puts more of its energy into rural, agricultural and forest lands than the urban core which has different issues.  She said this would give CWS the opportunity to adjust how it does business with all the jurisdictions.    

Coun. Dalrymple MOVED, SECONDED by Coun. Doyle that Council authorize the staff to proceed with due diligence and have discussions with CWS and DEQ to explore having the City apply for co-permittee status for the NPDES permit and then report back to Council.   

Coun. Arnold said she did not want this to be perceived as the City going forward and that this was what the City wanted to do. 

Mayor Drake explained that the NPDES permit for CWS expires in 2009 and that covers the City.  He said there were others who were co-permitees and this would allow staff to explore the possibilities of being a co-permittee.  He stressed this was not something that would be done overnight. 

Coun. Arnold said her comfort level was not high for she was not certain this would not be a political issue or a surprise to others.  She said she could not support the motion.

Question called on the motion.  Couns. Dalrymple, Doyle and Stanton voting AYE, Coun. Arnold voting NAY, the MOTION CARRIED.  (3:1)

ORDINANCES:

Coun. Doyle MOVED that the rules be suspended, and that the ordinances embodied in Agenda Bill 07138 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. 

Mayor Drake noted that Coun. Stanton had questions regarding this ordinance.  He asked staff to address her concerns before the ordinance received first reading.

Coun. Stanton said in looking at the text on page 4, this text amendment dealt with operations centers for entities and utilities.  She asked if that was correct. 

Bergsma confirmed that was correct. 

Coun. Stanton said she would have to vote no because it looked as if this ordinance would add uses to the bus barn site.  She said she had not had the chance to review this in light of the consequences for all of the uses in the city. 

Bergsma said the lead staff person on this matter was not at the meeting and he could not answer detailed questions at this time.

Mayor Drake asked if Coun. Stanton could submit her questions after the first reading and staff could respond later. 

Coun. Stanton said she was not comfortable doing that.  She reiterated her concern that this ordinance allowed more uses at the bus barn site.  She said if staff could not assure her that this did not apply to either bus barn site owned by the Beaverton School District she would vote no on the first reading.   

Rappleyea said for the bus barn application that was currently in process they could not use a revised Code.  He said an application had to be reviewed under the Code that was in effect when the application was submitted.  He said a new application could be filed to take advantage of a Code revision.  He reminded Council that if the vote to suspend reading of the ordinance was not unanimous, the ordinance would have to be read in full. 

Coun. Stanton said she preferred to pull the ordinance for she needed more time for review and she was concerned how this would affect other parts of the city.    

Mayor Drake asked that Coun. Stanton to submit her questions in writing.  He noted this ordinance went through an extensive review process and was considered by the Planning Commission with all proper notification.  He said this request came from someone not related to the bus barn, nor was it a public agency. 

Coun. Stanton said she felt this was important for there could be consequences that would affect the city.  She asked that the Council allow her to pull this ordinance.

Coun. Doyle withdrew his motion.  The ordinance was pulled and did not receive first reading. 

07138  PULLED - TA 2007-0002 (Operations Center 2007) (Ordinance No. 4443)

Second Reading:

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

07122  An Ordinance Amending Ordinance No. 2050, the Zoning Map to Apply the City's Office Commercial Zone to Two Properties Located in Northern Beaverton ZMA 2007-0012 (Tax Lots 1S102DC04304 and 1S102DC05300)  (Ordinance No. 4442) 

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the ordinance embodied in Agenda Bill 07122 now pass.  Roll call vote.  Couns.  Arnold, Dalrymple,
Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (4:0)

ADJOURNMENT: 

            There being no further business to come before the Council at this time, the
meeting was adjourned at 9:55 p.m.

APPROVAL:

Approved this 13th day of August, 2007.

__________________________________
Rob Drake, Mayor