BEAVERTON CITY COUNCIL
REGULAR MEETING
MAY 14, 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, May 14, 2007, at 6:35 p.m.

ROLL CALL:

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

PROCLAMATIONS:

Mayor Drake proclaimed May 2007 as National Bike Month.  He said that Beaverton was honored to be a bicycle city.

Mayor Drake proclaimed May 20 - 26 as Emergency Medical Services Week and he read the proclamation. 

Ryan Smith and Megan Tatum, Emergency Medical Technicians, Metro West Ambulance, thanked the Council for the proclamation and the City for its continued support for emergency medical services.  They presented a plaque to the Mayor recognizing the City for its support.

Mayor Drake proclaimed May 11 Police Memorial Day and May 13 - 19 Police Week.  He said he was saluting all Beaverton Police Officers and acknowledged that they were on the watch 24 hours per day.  He thanked them for their service.    

Mayor Drake proclaimed May 20 - 26 as National Public Works Week.  He recognized the City's Public Works staff for they keep the City's infrastructure, water and sewer systems working efficiently.  He thanked them for their service. 

PRESENTATIONS:

07097  Presentation on Safe Place for Youth Shelter Project

Michael Balter, Executive Director, Boys and Girls Aid Society of Portland, introduced Mary McPheney, Andrea Logan and Jacob Messer, who gave a presentation on homeless youth in the community. 

Mary McPheney, Homeless Liaison, Beaverton School District (BSD), said as a Liaison, she helped families and youth who were in homeless situations.  She said currently this school year in the BSD, they have served 1,092 homeless youth.  She said 27% (181) of those youth were unaccompanied youth, either living with a non-family adult or were totally alone.   She said 116 were living with a non-parent family member, 297 youth were between 14 and 18, and needed non-traditional housing.  She introduced Jacob and said through a state competition he won a student award to go to Microsoft for a week; he also received the Student Achievement Award from the University of Oregon College of Education Alumni Association.  

Jacob Messer told of his life as a homeless youth in Oregon.  He said he lived in an old garage with a leaky roof, no insulation and one electrical outlet.  He said if a youth shelter had been available, life would have been better.  He said his teachers and school counselors helped.  He said moving to Beaverton was a big transition though he lived with his mother's friend.  He said he and his family have had to stay in shelters over the years.  He said in his relationship with his teachers he was a student and teacher, for he learned from them and he taught them about his life. 

Andrea Logan, Program Supervisor, Boys and Girls Aid Society, distributed a brochure to the Council about the Safe Place Program.  She said the Society provides emergency shelter and transitional care for youth aged 14 to 17; they have provided this service for 30 years in agency foster homes.  She said the Safe Place Shelter provided an additional option for placing youth.  She said they provide short-term shelter, basic needs and emergency assistance.  She said they provide agency assistance to help youth get back on their feet, return home or find a safe and stable housing option.  She said they provide educational support working with school districts and recreational/school activities so youth can learn from each other.  She said they also provide transitional living support, for the short term (four months) or long term (up to when they reach the age of 21).  She added that eligibility requirements for youth to stay in the Safe Place Shelter were listed in the brochure.   

 Balter thanked Jacob for his presentation.  He asked Jacob to show his awards to the Council.    

 Jacob displayed his awards for the Microsoft Dream Field Trip essay contest, the Student Achievement Award from the UO Alumni Association, and the Japanese Honor Society. 

Balter said Jacob demonstrated that youth can be very successful, but it was difficult to do that if they don't have a safe place to live.  He said that was what the Aid Society was offering.  He said Beaverton was the first city to grant the Aid Society social service funds and he thanked the Council for that funding.  He said those funds would be used to help the Aid Society continue to serve the children.

Coun. Bode asked Logan if there was a wish list for the Safe Place Shelter and a contact number if citizens wished to make a donation. 

Logan the best way to contact them was to call the main office at the Shelter,  503-542-2717. 

Coun. Bode thanked McPheney for her work and commended Jacob for his success. 

07098  Beaverton Human Rights Advisory Commission (HRAC) Human Rights Essay Contest Award Presentation

Esther Griffin and Sierra Redwine, Human Rights Advisory Commissioners, reviewed the purpose and guidelines for the HRAC Human Rights Essay Contest.  Griffin explained that the purpose of the contest was for students to demonstrate their understanding of human and civil rights, and the importance of acceptance.  She said the contest allowed a variety of mediums (essays, arts, film, etc.).  She said this year there were 76 entries and the theme was Human and Civil Rights: Diversity in My Community.  They presented the awards to the contest winners and runners up. The winners received a certificate and a $50 gift certificate to Powell's Books; the runners up received a certificate and a $25 gift certificate to Powell's.  The winners were: Elementary School: Alina Bitter, winner; Melissa Tensa, runner up;
Middle School: Andrew Hyun, winner; Marisa Ah Nee and Alannah Berson, runners up;
High School: Anusha Neelam, winner; Tae Won Lim and Katrina Lim, runners up.

Alina Bitter read her essay Why Beaverton is a Great Area, and Anusha Neelam read her essay Through Diversity We Become One.

Mayor Drake thanked all of the students for their participation.  He said that as the city has grown over the last 25 years diversity has made the city more interesting and a better place to live.  He thanked everyone for promoting diversity.  

VISITOR COMMENT PERIOD:         

Henry Kane, Beaverton, said the Oregonian published an article titled Fees in the Works for Traffic Fixes, Sidewalks.   He said this would increase the bureaucracy.  He said this fee was unfair because property owners whose homes were valued at $200,000 would pay the same amount as those who have a million-dollar home.  He said he felt the better way to finance street improvements was to increase tax rates.

COUNCIL ITEMS:      

Coun. Stanton said last Saturday she attended the Town Hall meeting on Affordable Housing in Cedar Mill.  She said it was well attended.  She said the issues remained the same; the gap between those who can afford housing and those who were having a hard time providing for housing along with basic needs was becoming greater.  She said she had materials that she would distribute to the Council later. 

Coun. Stanton said that Mayor Drake would be giving his State of the City address tomorrow at the Chamber of Commerce luncheon at The Reserve in Hillsboro.
Coun. Doyle said part of the program for the Chamber of Commerce's meeting tomorrow would be to honor the graduates of the Leadership Beaverton Program.  He said these citizens give one day a month for nine months to learn more about the community.  He said that was a key part of the program. 

Coun. Stanton said four years ago the City denied a request from Oregon Entertainment Fantasy Video for a conditional use permit to allow 24-hour operation.  She said Oregon Entertainment then took the City to court twice; it recently went to the 9th Court of Appeals and Oregon Entertainment lost again.  She briefly reviewed the details of the case.  She said she was pleased that the City prevailed because this decision upholds the City's right to have conditions of use specific to the community.    

STAFF ITEMS: There were none.

The work session/public hearing on the Beaverton Downtown Parking Solutions was heard at this time.

WORK SESSION/PUBLIC HEARING:

07104  Beaverton Downtown Parking Solutions

Senior Transportation Planner Margaret Middelton introduced Derek Chisholm, Parametrix and Rick Williams, Rick Williams Consulting, the consultants who prepared the Beaverton Downtown Parking Solutions.  She said the City received a grant from the Transportation Growth Management Program from ODOT to perform a regional center parking study in the Old Town area in Fall 2006.  She said the consultants would present a Power Point presentation on the results of the study.  She added that Coun. Stanton was the City's representative on the stakeholders Task Force that worked on this project.

Rick Williams, Rick Williams Consulting, Portland, said he was the technical lead on this project and Chisholm was the project lead.  He said this report was the recommendation of the Parking Stakeholders Advisory Committee.  He said the Committee worked with the consultants to conduct the study and prepare the report.  He reviewed the membership of the Committee (in the record).  Williams said the study area was defined by the grant.  He said every parking space in the study area was surveyed, over a 12-hour period, every hour on the hour.  He said the desired outcome of the study was to develop a parking management system that provided a high level of integration and consistency.

Williams reviewed the data derived from the on-street parking survey (in the record).  He said highlights of the data were: 990 on-street spaces were surveyed from noon to 1:00 p.m. (peak hour); average duration of stay was 2-hours/24 minutes; turnover is below optimum; peak hour occupancy was 40.7%; there were 587 empty stalls in peak hour on-street parking; one-hour stalls were ineffective; there was abundant on-street parking availability throughout the study zone; and employees park in the two-hour stalls with permits which may create conflicts between customers and employees as parking demand grows; violations of time stay average about 15% which is a high percentage. 

Williams summarized the findings from the off-street parking survey: 2,117 off-street spaces were surveyed; most were privately owned; peak hour was 1:00 - 2:00 p.m.; peak hour occupancy was 44.4%; there was substantial unused capacity (1,176 empty stalls during peak hour).  He said currently parking was being provided at 4.01 stalls per 1,000 square feet; actual demand was 1.85 stalls per 1,000 square feet.  He said that parking was provided at a rate that significantly exceeded demand.  He concluded that currently that was not an issue but in the future the vacant land that would be available for future development was in parking.  He said understanding true demand when working with developers to provide parking in the future would be very important because as surface lots were removed it will be more expensive to replace them in another form, as in structured parking.

Williams said the Parking Committee recommended that the downtown area be treated as a parking management zone.  He reviewed how Parking Management Zones A and B were established by the Committee and the Guiding Principles developed by the Committee to guide future parking decisions for Zones A and B (in the record).  Guiding Principles were Access, Priority Parking, Quality and Understandability, and Coordination.  He reviewed Parking Management Strategies and Policies in detail (in the record). 

Coun. Bode referred to the recommendation to eliminate all time restrictions on the City's public parking lots and asked if the recommendation was for 24-hour parking for those lots. 

Williams said they were not recommending 24-hour parking. 

Coun. Bode questioned if the parking would then be limited.  She said she could see people using these lots to park their cars, catch MAX to go to the airport, and then coming back in a few days.  She asked if that would be allowed. 

Williams said the lots near Light Rail or commuter rail needed to be sensitively managed to ensure that those who park there were doing business in Beaverton.  He said the lots that were further away should be used by as many employees and long term parkers as possible; 24-hour parking would not be allowed. 

Williams said in the future there would be a Parking Manager and Advisory Group to implement parking management strategies and the existing parking supply would be formatted based on the near-term recommendations (in the record) to better utilize the parking supply.  He said the most important element of the plan was in the mid-term when the City would have discussions with the community on managing parking more aggressively to attain a higher-density urban form.  He said that was dependent on bringing alternative uses to this area and making them more convenient for employees.  He stressed it was important to plan now for future parking, for it will be more expensive to provide these facilities in the future.  

Derek Chisholm, Parametrix, Portland, reviewed the input received on the draft report from the Planning and Traffic Commissions.  He said through the Stakeholder Advisory process they had representation from both of the Commissions and the Council, which made a good network of connections.  He said the comments they received indicated general support of the recommendations with emphasis placed on the importance of wayfinding and signage improvements.  He said the Traffic Commission supported: 1) The "park once, shop many times" concept; 2) The Saturday Market; 3) Having a parking manager; 4) Commission role if desired; and 5) Reducing the minimums and making changes.  He said the Planning Commission had many similar comments along with the recommendations to: 1) Coordinate this plan with the Commuter Rail Project; 2) Drop the minimum parking requirements or tie them to square footage or uses; 3) Develop parking strategies for special events; 4) Move the Customer First Program to the near term; 5) Tie the Fees in Lieu to a Construction Price Index; and 6) there were discussions regarding Measure 37 and the possibility that changes could be made and locked in place for future development. 

Coun. Bode asked if the size of parking stalls would be altered to encourage alternative transportation, such as the sub-compact versus the super-size space. 

Williams said as parking garages were built, the stalls were smaller because the cost to build the garages was very high.  He said creating a design standard that was best for the community and incorporating that standard into the garage requirements, would be best.

Coun. Stanton asked if anyone had structured parking where mini-compacts would be on level one, level two was compact, level three sedans and level four SUV.  She said she was wondering if there was a way to encourage people to have a better gas mileage ratio, such as a surcharge for taking up space. 

Chisholm said he had not seen that done but it was a great idea. 

Williams said the ECO rules in Oregon and the CTR rules in Washington, which encourage alternative commute behaviors, often encourage managing private lots so that the best spaces were reserved for car pool, hybrid and ride-share vehicles.

Coun. Dalrymple said he thought it was important that the City was looking at this for there were many areas within Beaverton that were ripe for redevelopment in an urban type of development.  He said it was important to have the planning tools and code ready to facilitate such redevelopment.  He said the City needed to look at this quickly and in depth to facilitate redevelopment of the community.  He said it was important to look at the timing of these recommendations and the visioning for the community.    

Coun. Arnold referred to the recommendation to establish a Downtown Parking and Transportation Enterprise Fund and asked Williams if he had seen this done and if he could describe the process.

Williams said many cities do this.  He said the best example locally was Smart Park where all of the money from Smart Park has to go back into the Fund and there are specific guidelines on how the funds can be spent.  He said establishing such a fund would be important because of the future cost of parking.       

Coun. Arnold asked if he had seen any city develop a good plan.    

Williams said there were many good plans including Bend and Portland.  He said the cities that do the best job were those that have multiple sources of funding.  He said in this area it would cost $205 per month, per stall to finance a parking garage.  He said that was why multiple funding sources were important.

Mayor Drake said that Williams' success in managing the Lloyd Center was legendary in terms of getting people to use alternative transportation modes.  He said that area had changed drastically in the last ten years.  He said Beaverton was almost on the same cusp that the Lloyd Center was 20 years ago but it does not have an urban renewal district.  He asked what a parking structure would cost and could a city use a bond to build a parking structure. 

Wiliiams said that could be done but it would have to be coupled with another project, such as a library or city hall.  He said many cities do this for their first garage.  He said cities have also used a private/public partnership process with a private developer to build their structures. 

Mayor Drake asked if it would depend on what facility the City would build and where it would be located. 

Williams said that was correct.  He said this study was focused on the study area.  He said the study area was compact and the City might not have to build a huge garage.  He said a pocket (small) garage might be best for this area as opposed to a large facility; and a smaller garage could be built sooner rather than having to wait for a larger garage.    

Coun. Arnold noted that on page 9 of the report there was a minimum requirement for .75 stalls per unit for residential development within Zones A and B.  She questioned if a household could function without one car and how would that be viable.  

Williams said the .75 was for parking in this region, associated with rental units.  He said the assumption was that the condominium units and ownership properties were a minimum.  He said currently they were building between 1.35 and 1.7 stalls per unit for condominiums in this region.  He said apartment and rental housing were being built with 1.2 stalls per unit.  He said the minimum was set from the relationship of rental housing; residential housing would not be an issue.

Coun. Arnold said she could not see residential rental housing being built in this area at that rate.    

Williams said the relationship was between the housing and the alternative modes.

Coun. Arnold said her concern was that residents would use street parking since they do not have sufficient parking on site.  She asked what would happen as the parking was eliminated through development.

Williams said per the Parking Plan that would not be allowed; residential parking on streets was prohibited.  He said the developer would be aware of that and their alternatives would be to build the parking, find an off-street solution or come back with a better plan.

Coun. Doyle thanked the consultants for the study and said this was very important to future growth and redevelopment of the downtown areas.  He said he fully supported all of the near-term strategies presented.  He said he was comfortable with this for the Parking Committee received input and guidance from the business community.   He said as long as they continued to tap the business community as the plan develops, he would be happy.  He said without their input and involvement, the plan would not work.  He said he looked forward to trying out these recommendations and he was pleased with this study.

Wiliiams said that they agreed with Coun. Doyle. 

Chisholm added that Commissioner San Soucie added to the wayfindings that there would also be a great opportunity to better plan the streetscape of a corridor, so that the connection between the Light Rail and the core of the downtown was a more comfortable experience.   

Coun. Bode referred to the parking ratios mentioned earlier and said that the newest idea was to have bunk-bed style parking in parking stalls.  She said this would incorporate a lift so that in a single stall, the first car would be lifted up and the second car could park underneath the first.  She said this arrangement would hold two cars in one stall; the cost of the stalls was $20,000.    

Williams said the new Strand maximized its garages with the bunk bed stalls; it has about 30 bunk bed stalls.    

Coun. Bode said she hoped that the outcome of working with this broad community group would be that the members bring their creativity and vision into the process to plan for the next 50 years.    

Coun. Arnold said she liked the bunk bed stall idea but that would not work for her family.  She asked about having 15 minute time slots.

Williams said that the standard in Zone A would be two-hour parking; all other standards would be by exception.  He said businesses would have to come in and demonstrate that they meet the standards for a business requiring a 15-minute stall and then it would be approved.  He said loading zones and 15-minutes stalls were included in the exception process. 

Coun. Stanton referred to the parking management zones on page 4 of the PowerPoint presentation.  She said the line that was down the middle of the zone was Lombard Avenue, and the area to the right, was included in terms of the number of parking stalls available in the whole study area.  She said in the data on page 3 of the staff report, there should have been a Node D for that area.  She said the flaw was that the numbers used for the total stalls included streets that abutted railroad tracks.  She said it was difficult including the parking opportunities east of Lombard Avenue because not many people would park there and go to Ringo's or the Farmers' Market.  She said .2 parking stalls worked well in The Pearl because they have transit; Beaverton does not have transit and could not go to .2 stalls. 

Williams said that was why .75 was recommended in the study.

Coun. Stanton said that not everyone could walk to Light Rail and the City has to live within those constraints until something changes.   She noted that almost everyone on the committee showed up for every meeting, were well involved and they have a vested interest. 

Williams thanked Middleton for her excellent work in managing this project.

Mayor Drake and Coun. Arnold thanked the consultants for their work.

Mayor Drake said this issue was also being considered as a public hearing and noted that there was someone who wished to speak on the issue.

Mark San Soucie, Beaverton, said that the project went very well and the City and ODOT (Oregon Department of Transportation) got their money's worth on this project.  He said sometimes these studies were lectures; he said in this case the consultants spent a vast majority of their time extracting information from the team members.  He said they spent a lot of time and energy getting people's thoughts and making sure that they understood the sentiments of the Committee.  He said the guiding principles and recommendations were developed from this dialogue.  He said this was a fabulous process and great technical work.  He said he was grateful for the opportunity to participate.  He said he agreed with the recommendations of the Committee.  He said he was impressed with the "park once, shop many" concept and everything that can be done to improve the pedestrian core would be extremely valuable.  He said we should look at the pedestrian experience during a walk from The Round to the Library to City Hall, and to the Transit Center, that is a bit scruffy in places for pedestrians and needed improvement. He added that there was a development in the Pearl that has a "Flex Car" outlet where residents of the building can take out a car for an afternoon or as needed.  He said that was one possible solution to how people could live with less than one car per unit.    

Coun. Bode noted that San Soucie served as a Planning Commissioner and as a member of this study group.  She asked in what capacity he was speaking tonight. 

San Soucie said he was speaking for himself tonight. 

Mayor Drake said this was the first step of a long journey; a starting point for the downtown.  He said he was excited that the City received the grant for this joint study.  He said this was a critical study for both cities. 

Coun. Doyle asked what the next step would be. 

Mayor Drake said this was the start; staff was looking for general approval from the Council.  He said this would be brought back to Council with ideas and further refinement.   He said a time frame had not yet been established. 

Coun. Stanton said the City could start with a parking manager who would begin by looking at smaller issues, such as permit parking.  She said she was amazed that people did not know there was permit parking for employees in the City.  She said the parking manager recommendation was embraced by the whole Committee because it set a tone of commitment by the City.  She said she remembered when we had meter maids and she wished Beaverton would go back to using meter maids. 

RECESS:

Mayor Drake called for a brief recess at 8:25 p.m. 

RECONVENED:

Mayor Drake reconvened the meeting at 8:35 p.m.

CONSENT AGENDA:

Coun. Arnold pulled Agenda Bill 07102 for separate consideration.

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

Minutes of the Regular Meeting of April 23, 2007

07099  Liquor License: Change of Ownership - El Ranchito Alegre

07100  Authorize the Mayor to Sign the Agreement with Energy Trust of Oregon to Study and Recommend Energy Efficiency Improvements to the City's Potable Water Supply System

07101  Authorize the Mayor to Sign 2007 Third Amendment to Joint Funding Agreement for IWRM Water Supply Feasibility Study (aka Tualatin River Basin Water Supply Project)

Contract Review Board:

07102  PULLED for separate consideration: Authorize Additional Funding for a Professional Services Contract with Outside Counsel to Provide Municipal Court Prosecution

07103  Bid Award Concrete Products Requirements Contract

Coun. Stanton thanked Public Works Director Gary Brentano for helping her understand the Energy Trust Study (Agenda Bill 07100).

Coun. Doyle said he was intrigued with the Energy Trust Study (Agenda Bill 07100) and was eager to see the final results of that.

Question called on the motion.  Couns.  Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0) Coun. Arnold abstained from voting on the April 23 minutes for she was not at that meeting. 

07102 Authorize Additional Funding for a Professional Services Contract with Outside Counsel to Provide Municipal Court Prosecution

Coun. Arnold explained this agenda bill would authorize an additional $5,000 to prosecute a traffic ticket issued to Police Officer Jessica Hull for speeding while she was on duty.  She said she sent the Council an e-mail regarding her concerns.  She said that up until now she was comfortable with the City’s process however now the City was at a checkpoint.  She summarized that police officers were not allowed to speed except in special circumstances; officers must abide by the law like every citizen.  She said in the initial screening it looked like those conditions were not being met.  She said because the City needed to stay fair and transparent, it made sense to hire an outside attorney to prosecute the case.  She said she understood the City went to the Multnomah County District Attorney's Office and Attorney Jose Cienfuegos recommended that the City not prosecute this case.  She said the decision was made to take the case to another attorney and the Council authorized $5,000 to hire an outside attorney.  She said in Municipal Court, Judge Mercer had found Hull guilty.  She said when she read material from the case she felt that Cienfuegos had decided his position on this case already. 

Coun. Arnold said she had two competing values; no one was above the law and everyone was entitled to a fair trial under the law.  She said when the City went to an outside counsel it was in the spirit of a fair trial for all.  She said in discussions with the City Attorney, she heard that Cienfuegos was working for the City.  She said she also heard that the City was looking for another attorney because the City did not agree with Cienfuegos' recommendation.  She said that made her question the role of the prosecutor.  She said the City spent money and received its "bite of the apple" with Cienfuegos.  She said she did not think the City should get a second "bite" with this case.  She said if Cienfuegos recommended excusing the case, the City should have excused it. She said she was concerned that the process be clear and the City be squeaky clean.

Coun. Stanton said the City did not pay Cienfuegas for his services.  She said the first $5,000 was for the prosecutor to handle the case in Municipal Court.    

Coun. Bode said the question before the Council was the authorization of an additional $5,000 to handle the appeal filed by Hull.  She said it would be wise for the City to have an attorney for the appeal and Ms. Isaacs was the attorney who handled the Municipal Court case.  She said it made sense to stay with this attorney since she won the case and it made sense to approve funding so that she could represent the City at the next level.  She said that was the breadth of the question before Council.  She said the background information did not influence this issue.

Coun. Arnold said the background influenced her because it introduced a conflicting value.  She said she approved the first $5,000 because no one was above the law.  She said now the issue of whether this was a fair process under the law had been introduced.  She said in her understanding of the role of a prosecutor she felt the answer was no because the City had erred. 

Rappleyea said he discussed this with Issacs who has extensive experience.  He said this question was presented to Judge Mercer who found there was no special prosecutor appointment in this case and the City has an attorney client relationship and if the City does not like the advice it gets from an attorney it can seek different advice.  He said Issacs was comfortable with this position.  He said this issue would be presented to the Circuit Court judge for a full hearing.

Coun. Arnold said from her point the City was spending additional funds to take this to court and what was the point of taking this to court.  She asked if they really thought the officer was trying to avoid a speeding ticket and not have to pay the $125 fine.  She questioned if the City needed to make a point of that.  She said the City's funds would be better spent in determining that the City process was good and that it was fair.    

Coun. Dalrymple asked if Coun. Arnold had a motion or specific point to make. 

Coun. Arnold MOVED that the Council not allocate additional funds for this issue and direct outside counsel to dismiss the case.  The motion died for a lack of second.    

Coun. Doyle MOVED, SECONDED by Coun. Bode, that Council approve Agenda Bill 07102, Authorize Additional Funding for a Professional Services Contract with Outside Counsel to Provide Municipal Court Prosecution. 

Coun. Doyle said he would support the motion.  He said he appreciated Coun. Arnold's concern but he felt it was the Council's duty to continue the process that was initiated and see it to its full and normal ending, which was to fully defend the decision made in Municipal Court by Judge Mercer.  He said he felt that anything short of that meant the Council would be taking on a role that it was not supposed to.  He said the legal system was supposed to proceed and make a decision.  He said he paid his photo radar ticket and everyone else should also.   

Mayor Drake said he and the Council felt Beaverton had an excellent Police Department.  He said Beaverton was rated the second safest mid and large-sized city in the northwest.  He said the Police Department does an outstanding job in conjunction with the citizens.  He said when the City initiated photo radar ten years ago, there were extensive discussions regarding policy.  He said it was decided that to be fair, if any City employee broke the law while driving a City-owned car the City would issue the ticket to the individual driver and the employee would pay it.  He said the only exception was for Police if they were responding to a 911 call.  He said there were two Beaverton Police Officers and one Washington County Sheriff's Deputy who have paid their tickets.  He said over a dozen tickets were excused because the officers were on a confirmed 911 call.  He said also there have been five employees from other departments who have received tickets while driving a City vehicle.  He said if he were to get a ticket, he would pay it.  He said photo radar equipment does not discriminate between regular vehicles and police cars.  He stressed that if a City employee gets a ticket in a City vehicle, they would pay the ticket.  He said that was what this issue was about. 

Coun. Bode said when she reviewed this issue she went back to the guiding principle in the police officer's oath of office, to preserve and protect the laws and constitutions of the United States of America, the State of Oregon and the City of Beaverton.  She read the oath of office into the record.  She said this issue needed to go to the next level in court and Beaverton employees would not be handling the case.  She said each person makes his own decision on whether or not to pay his speeding ticket.      

Coun. Stanton said she would support the motion for she agreed with the points raised by Coun. Bode.  She said she felt no one was exempt from traffic laws.  She said the process was set for any emergency service providers who receive a photo radar ticket and she appreciated that there was a process under which everyone was governed.  She said she agreed with Coun. Arnold in that the initial decision was like one tentacle of an octopus showing above the water and she was unaware of the other tentacles of the issue below the surface.  She said if she had known, she still did not think she would have handled the situation differently. 

Coun. Dalrymple said he would support the motion because they needed to let the judicial system and process work.  He said this process was the appellant's and the City's right, and the system must be allowed to work so that everyone has the right to be represented.  He stressed that right could not be taken away.

Question called on the motion.  Couns. Bode, Dalrymple, Doyle and Stanton voted AYE; Coun. Arnold voted NAY.  MOTION CARRIED.  (4:1) 

ORDINANCES:

Coun. Doyle MOVED, SECONDED by Coun. Stanton, that the rules be suspended, and that the ordinances embodied in Agenda Bills 07105 and 07106, 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, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

First Reading:

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

07105  An Ordinance Annexing a Parcel Located at 4980 SW Laurelwood Avenue to the City of Beaverton and Adding the Property to the Raleigh West Neighborhood Association Committee: Expedited Annexation 2007-0001 (Ordinance No. 4437)

07106  An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for a Property Located in North Beaverton; CPA 2007-0008/ZMA 2007-0007 (12020 SW Barnes Road) (Ordinance No. 4438)

Second Reading:

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

07093 ZMA 2006-0015, Progress Ridge Split Zoning Map Amendment (Ordinance No. 4435)

07094  ZMA 2006-0025, Tri-Met Elmonica Maintenance and Storage Area Expansion Zoning Map Amendment (Ordinance No. 4436)

Coun. Doyle MOVED, SECONDED by Coun. Dalrymple, that the ordinances embodied in Agenda Bills 07093 and 07094, now pass.  Roll call vote.  Couns.  Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

EXECUTIVE SESSION:

Coun.Stanton MOVED, SECONDED by Coun. Doyle, that Council move into executive session in accordance with ORS 192.660(2)(h) in accordance with ORS 192.660(2)(d) to conduct deliberations with the persons designated by the governing body to carry on labor negotiations.  Couns. Arnold, Bode, Dalrymple, Doyle and Stanton voting AYE, the MOTION CARRIED unanimously.  (5:0)

The executive session convened at 9:10 p.m.   

The executive session adjourned at 9:35 p.m.

The regular meeting reconvened at 9:35 p.m.

ADJOURNMENT: 

There being no further business to come before the Council at this time, the meeting was adjourned at 9:35 p.m.

APPROVAL:

Approved this 4th day of June, 2007.

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Rob Drake, Mayor