WASHINGTON COUNTY BOARD OF COMMISSIONERS APRIL 27, Chairman Tom Brian was at home recuperating from knee surgery today.

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1 WASHINGTON COUNTY BOARD OF COMMISSIONERS APRIL 27, 2010 CONVENED: 6:39 p.m. BOARD OF COMMISSIONERS: Vice Chair Desari Strader Commissioner Roy Rogers Commissioner Dick Schouten Commissioner Andy Duyck Chairman Tom Brian was at home recuperating from knee surgery today. STAFF: Robert Davis, County Administrator Dan Olsen, County Counsel Andrew Singelakis, Director, LUT Brent Curtis, Planning Director, LUT Joanne Rice, Principal Planner, LUT Steve Kelley, Sr. Planner, LUT Bill Gaffi, General Manager, CWS Margot Barnett, CPO Coordinator Jim Thiessen, Audiovisual Technician Marian Larkin, Recording Secretary PRESS: None 1. CONSENT AGENDA Vice Chair Strader announced the following modifications to the Consent Agenda: Clean Water Services agenda item (1.a.) was replaced There was a bid award on item 1.d. to Bones Construction in the amount of $361, It was moved to adopt the Consent Agenda, as modified. Motion Rogers 2 nd Schouten Vote 4-0 CLEAN WATER SERVICES

2 1.a. CWS MO Approve Agreement Between Washington County and Clean Water Services for Brookwood Widening and Dawson Creek Force Mains Project (CPO 12F) (Approved under Consent Agenda) 1.b. CWS MO Award Construction Contract for the Twin 24-Inch Force Main Corrosion Improvements Summer 2010 Vault Improvements Project No to Joseph Dennis Mallory dba Subcom Excavation and Utilities (CPO 9) (Approved under Consent Agenda) LAND USE AND TRANSPORTATION 1.c. MO Approve Agreement with Clean Water Services for the Brookwood Avenue - Tualatin Valley Highway to East Main Project (CPO 9) (Approved under Consent Agenda) 1.d. MO Approve Bid Award and Authorize Execution of Contract for the Washington County Gales Creek Road Slide Stabilization Project (CPO 13) (Approved under Consent Agenda) 1.e. RO Authorize Traffic Impact Fee Annual Adjustment (Approved under Consent Agenda) 1.f. RO Amend the Work Program (CPO All) (Approved under Consent Agenda) 1.g. RO Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Arbor Lakes 2 (CPO 7) (Approved under Consent Agenda) COUNTY ADMINISTRATIVE OFFICE 1.h.

3 MO Approve Formation of Fairgrounds Advisory Committee and Adopt Bylaws (Approved under Consent Agenda) HEALTH AND HUMAN SERVICES 1.i MO Transfer of Portions of the Respective Certificated Service Areas Between Pride Disposal Company and Waste Management of Oregon, Inc. (CPO All) (Approved under Consent Agenda) 1.j. MO Transfer of Portions of the Respective Certificated Service Areas Between Valley West Refuse Disposal, Inc. and Waste Management of Oregon, Inc. (CPO All) (Approved under Consent Agenda) 1.k. MO Transfer of a Portion of the Certificated Service Area from Valley West Refuse Disposal, Inc. to Pride Disposal Company (CPO All) (Approved under Consent Agenda) SUPPORT SERVICES 1.l. MO Accept Bid / Award Contract for On-Call Plumbing and Rooting Services (Approved under Consent Agenda) 1.m. MO Accept Proposal and Award Contract for County Roadway Pavement Inspection for Land Use and Transportation (Approved under Consent Agenda) 2. ORAL COMMUNICATION Mike Bryant, Lacey s House, 530 S. First Avenue, Hillsboro spoke to the Board about a new non-profit, full service homeless shelter for veterans. The 30-bed facility has more needs than ability to provide services in the community. Mr. Bryant thanked the Board for their support and mentioned additional support was needed. Commissioner Strader and Commissioner Duyck

4 expressed their support and it was mentioned that funds could be provided through Wells Fargo Bank donations. Tom Black, 870 Garibaldi Street, Hillsboro spoke about the new Fair Board and the Memorandum of Understanding with the County. He wanted to clarify that there were 4 positions to be filled on the Fair Board and requested follow up on where things are headed. He also inquired about the Fairgrounds Advisory Committee. He suggested the Board consider selecting those with knowledge on how to plan a fair event. He asked for a budget that has believed was not before the Fair Board and reported there was a $300,000 deficit. Commissioner Rogers mentioned that there was a Board agenda item to announce both boards. Commissioner Duyck stated that the bylaws for the new committee are on the also agenda for consideration. Commissioner Schouten mentioned that he had an individual in mind for the Fair Board. 3. PROCLAMATION 3.a. MO Proclaim May 2010 as Older Americans Month The proclamation was read in its entirety. Jeff Hill, Aging and Veterans Services and Pat Maberry, Advisory Council member provided a letter and addressed the Board. Dave Nardone, was also recognized for his years of service to the County. A letter of appreciation was read into the record. Ms. Maberry emphasized the population of Washington County with 74,809 (14%) citizens over the age of 60. She noted that the number of seniors in Oregon will double between now and Keeping seniors independent in communities was important and housing, transportation and health care delivery services key to this goal. She mentioned the advisory council helps to with initiatives and projects to provide services and resources to seniors. Ms. Maberry welcomed the opportunity to discuss these further with the Board. A poster was presented to the Board. Commissioner Schouten thanked Ms. Maberry for her work on the Aging and Veterans Services Advisory Council. A motion was made to proclaim May 2010 as Older Americans Month Motion Rogers 2 nd Duyck Vote BOARDS AND COMMISSIONS 4.a. MO Announce Vacancies on Boards and Commissions (CPO All) Vice Chair Strader mentioned the various Boards open for recruitment.

5 6. LAND USE AND TRANSPORTATION 6.a. MO Consider an Annexation Request from the City of Beaverton as Required by the Interim Urban Services Agreement (CPO 1) Commissioner Rogers requested this item be moved before the scheduled public hearings. A motion was made to consider the request from the City of Beaverton and notify the City regarding the Boards action. Motion Rogers 2 nd Duyck Vote PUBLIC HEARING LAND USE AND TRANSPORTATION 5.a. RO Consider Continuation of the Transportation Development Tax (TDT) Temporary Discount (CPO All) The public hearing was opened. Steve Kelley, LUT Sr. Planner, provided a staff report. He reported the TDT was initially passed in September 2008 and placed on the November 2008 ballot. It has been effective since July 1, 2009 within the cities and unincorporated county. Due to economic concerns, the Board worked with the Washington County Coordinating Committee to provide relief (discount of the new rate structure) and a temporary discount was provided by Ordinance 729, fall Refunds of the differences were issued. Subsequently, a public hearing is required to review the temporary discount each spring. Action to continue or terminate the discount is required. The Coordinating Committee has recommended continuing the temporary discount and staff asked the Board to continue it this fiscal year and to review again next spring. A motion was made to adopt the Resolution and Order, continuing the discount and for staff to coordinate as necessary with the cities. Motion Schouten 2 nd Rogers Vote b. MO

6 Proposed Ordinance No. 733 an Ordinance Amending the Comprehensive Plan Relating to Designation and Adoption of Urban and Rural Reserves (CPOs -All Rural and 9, 12F, 12C, 4B, 5, & 6) A motion was made to read the ordinance by title only. Motion Duyck 2 nd Rogers Vote 4-0 Dan Olsen read the ordinance title. The public hearing was opened. Vice Chair Strader stated the public would be given 3-minutes each to testify. A staff report was provided by Brent Curtis, Planning Manager. Mr. Curtis announced that this was the first public hearing on urban and rural reserves. At the end of February, the Board adopted an intergovernmental agreement with Metro with regard to decision making on urban and rural reserves. He reported the decision was not a land use decision and the content of the IGA placed into a land use ordinance in which public hearings would enable the process to become an actionable land use decision. All Metro and county decisions would then be packaged and sent together to LCDC for periodic review. The planning process (early 2008 IGA enactment) included public hearings, public involvement, technical analysis, local and region coordination and steering committee efforts. The negotiated IGA was accomplished by the Core 4 representatives from Metro and the other three counties. Mr. Curtis mentioned the public can make any comments, ask that maps and policy provisions be considered to the IGA. The process to make any IGA changes was in place. He reported that the staff recommendation would be to conduct the public hearing and continue the matter until 5/4/10. Should the Board hear testimony regarding specific properties and their designation, he asked that any amendments be provided to staff so parties can be notified. Metro would also be notified regarding any proposed amendments. Engrossment would then take place 5/4/10 and notice would be provided for two subsequent hearings scheduled late May and early June. After adoption of the ordinance, LCDC would conduct periodic review in October. Mr. Curtis reported that if no fault was found, then valid legal urban and rural reserves would be available. At that point should Metro find need to expand the Urban Growth Boundary, urban reserves would become available. A staff report with attachments containing mostly technical amendments, a transmittal letter (Exhibit 3) was provided to the board. Mr. Curtis concluded that the technical amendments were primarily boundaries adjustments, right-of-way, parcel shifts, mapping errors and minor changes that provided better and specific adjustments. Commissioner Strader asked about Exhibit 3. Mr. Curtis commented that it contained 127 detailed item changes (maps included). The Planning Commission recommendations were also submitted from recommendations and testimony heard. A matrix (maps included) identifying the requests and how the Planning Commission individually and collectively responded to recommendations was provided to the Board.

7 No questions of staff were noted. Commissioner Strader commented that in the Board s Work Session discussion, it was clear that Washington County could not propose amendments without Metro s concurrent agreement. Michael Robinson, attorney and property owner Tim O Callahan, 6955 NW 185 th addressed the Board regarding Mr. O Callahan s property. Mr. Robinson stated that there are three principal reasons this property should be changed back to urban reserves. (A map was provided depicting the location). Mr. Robinson indicated the property was located just beside Portland Community College and above property recommended for urban reserves. It was located with 185 th Ave. on the east side with Clean Water Services sanitary sewer trunk line that will serve North Bethany. Until December 9, 2009, Mr. Robinson reported that professional staff recommended that the O Callahan property be included in urban reserves. All the urban reserve factors in Administrative Rule were met by this property. On December 9, the property changed designations as a result of the Bragdon/Hosticka report. Mr. Robinson read the relevant language from the summary notes of the Core 4 meeting: Brent Curtis asked when they were developing their proposal map, did they use a certain number of total acres or some other method for making decisions. (Councilor Hosticka) stated there were not a certain number of acres as goal. The period of the technical analysis as a focal point for decisions on reserves was ending and that s when vision and values were the focus. Mr. Robinson reported that it was recommended that Mr. O Callahan s property came out of urban reserves and Rock Creek be the boundary. The basis was not analysis of the Administrative Rule factors, but visions and values and not considering that staff worked carefully for 2 years on the map. No substantive or critical analysis was given under the factors. Mr. Robinson asserted that the property should go back into urban reserves as it was crossed by a major urban facility and next to 185 th which allows for double loading efficiencies. Mr. Robinson suggested the treed area to the west be the boundary. He thought this boundary met a perfectly appropriate policy factor. Lastly, Mr. Robinson thought Rock Creek should be considered for a linear park. If located outside the boundary, the property cannot be considered to develop for the public s use. Mr. Robinson concluded that the Planning Commission recommended (7:1) for the change back to urban reserves. He asked the Board follow this recommendation. Commissioner Strader stated that a potential park could be developed in rural reserves, although it may be more challenging. Mr. Robinson did not disagree and asked about the continuation of the hearing and if the Board would receive additional argument. Commissioner Strader confirmed that this would be the case. Wendie Kellington, representing Steve Brobosky (property owner), NW West Union Rd. requested the board consider an urban reserves property designation. Ms. Kellington stated the approximate 10-acre property in the Bendemeer area is nearly all exception lands and not subject to Goal 3 or 4 as it is zoned residential use. The Planning Commission (PC) hearing resulted in the property recommendation to be included in the urban reserves. The designation of undesignated would also be acceptable. She suggested the 147 acres of exception land be made

8 urban reserves and is consistent with professional staff recommendations and analysis. Rural reserve factors are not met by the property because it is a known exception area where agricultural land standards do not apply. Ms. Kellington noted there are no natural resources on the property. The designation was not understood by the Core 4 and she considered the rural designation a mistake. With the evaluation done from a big look picture, they did not give the property a specific look. Upon staff evaluation, the property met high suitability for water, transportation and sewer. Located across from Intel site, the property sits across from an industrial area, and clearly determination would be urban reserves or undesignated. Making this decision will not affect any other decisions and protection of agricultural lands will continue. Ms. Kellington asked that the Board consider the Brobosky property as undesignated or urban reserves. Commission Strader asked about the 147 acres. Ms. Kellington mentioned this area was first recommended for urban reserves for 2 years and later recommended a change to rural reserves. Jan Hamer, NW St. Helens Rd., Multnomah County, commended Brent Curtis for his work during the urban and rural reserves process. At a recent Lincoln City meeting, Brent provided a letter to other counties regarding four areas needing amendments. Brent mentioned desire for a safety valve and certainties for property owners in rural developing areas. Mr. Hamer read a portion of this letter as it related to development criteria for both agriculture and forestry resources considering future expansion. Mr. Hamer hoped Mr. Curtis could be on the work group to address the issues. He suggested that property development and an exception process needs to done with LCDC. Commissioner Duyck mentioned that the full impact of the issue for rural areas has not been realized. They further discussed a process for exceptions that won t be so involved. Commissioner Strader also commended Brent Curtis for his work on behalf on the County. Greg Hathaway, Davis Wright Tremaine on behalf of Gary Hellwege, nd Tigard spoke to the Board about Pumpkin Ridge Golf Club located in North Plains. The 350-acre property is designated rural reserves and it was requested to change the designation to undesignated. Mr. Hathaway stated this was needed as the property is in urban use on EFU land. In the late 1980s this was allowed, and the classification needs flexibility with regard to future urban services for water, sewer and expansion of facilities. Richard Meyer, City of Cornelius, requested a variety of lot line adjustments provided in a technical request handout (map included). A flood plain line prompted the adjustment requests, and he hoped they could be looked at separately. He commented the net land amount would increase rural reserve lands. Mr. Meyer walked through each change requested and the rationale for each. He highlighted that a trade of flood plain for a particular parcel would be used for a sub regional park. Commissioner Duyck asked about the detail and corrections still outstanding. Brent Curtis, stated that the map was taken literally and that the technical amendments analyze and allow for adjustments that address lot lines that were not done through the work accomplished by the Core 4. He suggested that with the benefit of time, the City was addressing adjustments while keeping

9 the spirit of the IGA. Commissioner Duyck affirmed that the IGA process allows for safeguards so that adjustments would not become deal breakers. Sandra Laubenthal, 3019 NE 26 th, Portland and Bob Peterkort, part owners of a 130 acre parcel requested a designation change to urban reserves. Ms. Laubenthal identified the property location and written material was provided to the Board. She highlighted that the property meets the criteria and was logical for urban reserves since it will serve the infrastructure planned for North Bethany. This included transportation, sewer, and 50 acres of flood plain for storm water and wetland mitigation. The property would help with spreading the costs of developing the area which benefits the County further. Dave Vanasche, President WA County Farm Bureau and Larry Duyck, NW Mountaindale Rd., North Plains provided a handout and stated the three main industries of life are agriculture, mining and fishing. Mr. Vanasche stated the valley had a lot of resources and felt the urban reserves were too large. He suggested most of the recommendations continue to chip at the agriculture base and continue to be a negative influence on remaining rural reserves. He also stated concurrence with most of what Linda Peters wrote in her submission. Mr. Vanasche was aware that the County was seeking to loosen up LCDC rules with regard to rural reserve road designations and improvements. This was a concern the Farm Bureau raised in the designation process as there is more liability and injury with increasing rural road use. He asked if the Board was prepared to improve rural roads that were beyond the present law. Commissioner Duyck commented that the loss of flexibility was unintended to roads, rock quarries or plan amendments in exception areas. He explained that Old Scotch Church and smaller community areas where a country store or church may not even be able to have the flexibility to put in a new septic system. Mr. Vanasche expressed further concern on the impacts to roads. Commission Schouten thought the current rules have been in effect since February Commissioner Rogers stated that there are issues regarding existing right-of-way (not expansion) and proper lane width to address safety issues. With the new standards, existing right-of-way cannot be done under the present road system. He stressed that flexibility was needed. Mr. Vanasche said farm value for the new infrastructure is worth more than what farmers receive and must pay capital gains on. He concluded that proper valuation isn t received on land that owners do not want to surrender in the first place. Shawn Cleave, Oregon Farm Bureau, spoke regarding how the process has been difficult. Mr. Cleave stated that existing rural land use laws protect with more certainty than the new urban/rural reserves rules. New rule adjustments introduced at the 11 th hour were also concerning. Mr. Cleave thought the trade of land amendments identified by the City of Cornelius (Areas 13 and 15) were something for nothing because the undesignated lands will add frustration to the farming community. Larry Duyck stated he had been involved with the process during the past two years. He wasn t aware of the Planning Commission meeting recommendations and the refinements suggested by the City of Cornelius and County staff. Mr. Duyck suggested the process was all about money for those wanting their land brought into urban reserves.

10 Robin Allie, NW Bendemeer Rd. was surprised her neighborhood was up again as the community is happy with its rural reserves designation. She asked the Board consider continuing to allow the buffer to exist in this area. Cheri Amabisca, stated her opposition to the proposed changes (rural to urban reserves) made by the O Callahan, Peterkort and Brobosky developers approved by the Planning Commission. She asserted the 180-acres of O Callahan and Peterkort properties should remain in rural reserves as recommended previously by state agencies and the Core 4. These lands contain 50 acres of flood plain that form a natural urban edge. Ms. Amabisca suggested that extending urban development across Rock Creek will harm nearby farms and negatively impact an important wildlife corridor. This edge was agreed upon and undesignated would also be an inappropriate designation. She commented further that the 147 acres in the Bendemeer area (Cornelius Pass to Dick Rd) should remain in rural reserves as recommended. As an agricultural area and part of a bigger block of foundation farm land, she mentioned state law allows for non farm uses for exception lands where the current use has been historically compatible. She believed these properties protect and buffer the surrounding block of land. Approving this island of urban reserves north of West Union will only promote the inefficient and cluttered mixed-use found south of West Union. The area cannot be urbanized efficiently under the urban reserve factors. Ms. Amabisca also expressed opposition to the urban reserves designation for property on NW Helvetia Rd. She expressed the ODOT improvement will take far less than the 91 acres currently proposed especially since a TIGER Grant application was denied. She recalled that prior testimony in 2009 and 2010 further demonstrated the justification for this to remain rural reserves. Ms. Amabisca concluded by reiterating her opposition for the undesignated 750-acre area west of this property. She stated that this foundation farmland area most in danger of urbanization and the Board needs to protect this valuable resource. Commissioner Duyck asked Ms. Amabisca about properties needed to provide services to existing urban areas (Peterkort and O Callahan properties). Ms. Amabisca thought that not going across Rock Creek was important as it crosses a natural edge. Commissioner Duyck mentioned that not taking the whole parcel often prohibits getting the right-of-way needed. Ms. Amabisca commented that issue becomes a slippery slope. Tom Black, 870 NW Garbaldi Street, talked about the history of urban and rural reserves process and the significance of historical resources in certain areas. Mr. Black mentioned that the Planning Commission s deliberations were difficult due to the fact they were not involved in the process since the beginning. He cited that area 2700-acres of Area 8A was of concern in becoming urban reserves particularly the rural at the area (Waibel Creek to Hwy 26). Mr. Black stated these lands are Class 1 soils are highly rated for farming. The Joseph Meek homestead is also located there and he did not want to see the historical marker relegated like the one that was previously located on Highway 26. He hoped this open space would not be changed to development. He hoped the Board would take the matter more seriously than the split vote done by the Planning Commission. Mr. Black asked the Board to slow down and get the urban and rural reserve process done right.

11 Anna Becker, NW Logie Trail, stated her support of Save Helvetia and the farmers in the community. She believed it would be a crime to pave the area of Helvetia and although 6 individuals would like to change lands to urban reserves, she knew many more voters in the area would like to see the area preserved. Joe Rayhawk, NW Germantown Rd., operator of Abbey Creek Stables addressed the Board. Mr. Rayhawk opposed redesignation of the Peterkort and O Callahan properties from rural to urban reserves. Mr. Rayhawk stated these lands are located in a flood plain, were constrained and foundation farm lands. A map was provided to the Board. He suggested the factors of rural reserves were met by these areas and stated that upon seeing the area designation URB, both Councilors Harrington and Hosticka stated this was wrong. From the point of view of wildlife, critical stream corridors and farm land, none of the URB designation would have been appropriate. Human safety was of great concern to Mr. Rayhawk at the intersection of 185 th and Springville Rd. This would require bringing in land below the O Callahan request, west of 185 th down to West Union. The added housing will mess up traffic problems further and create problems along Bethany Blvd. with the addition of traffic using Road A. Mr. Rayhawk thought the sewer line could be built without little damage and perhaps include a hiking trail. He suggested that because Rock Creek was a 303-D designated stream, it cannot be used as bioswale for North Bethany. The western tributary into Abbey Creek is also getting special treatment, and is too close to Rock Creek. He noted that septic fields can be rebuilt in Multnomah County with certain standards. He believed Washington County must have something standards. Mr. Rayhawk recommended any large changes be argued against and will be brought up again at Metro. He concluded that this would only bring trouble to the whole process. Carol Chesarek, NW Germantown Rd. stated she was a member of the Multnomah County Citizen Advisory Committee, and attended work group meetings on the Administrative Rules. She opposed the changes by the Planning Commission and both the Peterkort and O Callahan properties and believed they were not minor changes and would trigger regional concerns. Ms. Chesarek suggested that good edges that buffer the urban and rural use were important. The Rock Creek edge is an example where the quality of the habitat would be affected by development on both sides. No buffer between the properties and would ensure many more farms would be affected. Road A already had some goal exception approval and by not adding these properties, the planned use would not change. She felt the storm water concern from the N.Bethany was not a problem due to planned onsite treatment. Approval of these changes would also encourage others to argue against proposed rule changes requested for road exceptions in rural reserves. Ms. Chesarek concluded by stating her opposition to the Brobosky proposal. Vice Chair Strader closed the public hearing. The Board proceeded to deliberations. Commissioner Roger asked about the continuation until May 4, 2010 and suggested more time was needed to digest the new information. He hoped the Board would not continue so quickly. Commissioner Schouten expressed he was not prepared for the engrossment and needed time to consider further. Commissioner Duyck suggested that engrossment would be later and asked if staff would like the Board to work on specific areas further.

12 Vice Chair Strader suggested that a lot of the comments were included in previous testimony over the past two years. She suggested that some have testified that their way of life would be affected greatly by not having a particular designation. She believed that some still expressed concern and now it was about someone else s designation. Vice Chair Strader commented there were unintended consequences of the decisions in the development of the ordinance and that the process was not easy. Brent Curtis talked about the adoption timeline of June 1. He described the process to get to the LCDC s periodic review schedule for October. Because of the need for a date certain, and time needed to refile and notice the two additional public hearings by Charter requirements, the process could conclude at the end of June. The discussion continued to change the May 11, 2010 meeting to a Regular meeting. A motion was made to continue the hearing Ordinance 733 to May 11, Motion Rogers 2 nd Schouten Vote: ORAL COMMUNICATION (5 MINUTE OPPORTUNITY) None. 8. BOARD ANNOUNCEMENTS Commissioner Schouten mentioned former Beaverton Councilman, Bruce Darymple had died and was known for his word and taking action. Commissioner Schouten expressed sadness in this loss to the community. 9. ADJOURNMENT: 8:42 p.m. Motion Rogers 2 nd Schouten Vote 4-0 MINUTES APPROVED THIS DAY 2010 RECORDING SECRETARY CHAIRMAN