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Minutes - 07/24/2006 COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 24, 2006. 0018 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Finance Director Gillespie, Senior Planner Zwerdling, Recreation Services Manager Patterson, City Recorder Tennant For the record, Mayor Figley stated that Councilor Bjelland was out of town. 0054 ANNOUNCEMENTS. A) Music in the Park: Upcoming performances in Library Park are as follows: July 25,2006: Born, 7:00 p.m. August 1,2006: Golden Bough, 7:00 p.m. B) 23nl Annual National Night Out will be held on August 1, 2006 from 6:00 p.m. to 10:00 p.m.. Neighborhood groups planning on participating in this event were reminded to register with the Police Department. C) Public Hearing will be held before the City Council on Monday, August 14,2006, 7:00 pm, City Hall Council Chambers, to consider Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, and Sign Design Review 06-06 for properties located south of Newberg Highway, east of South Woodland Avenue, and west ofInterstate 5. D) Walt's Run will be held on Saturday, August 12,2006,8:00 a.m. with participants meeting at Centennial Park for this annual event. Registration forms are available at the Aquatic Center. E) Volunteers Needed to identify local resources including food, tools, and additional volunteers for the upcoming playground construction project at Nelson Park on Thursday, August 24, 2006. Contact the Recreation and Parks Department for more information and/or sign-up as a volunteer. Mayor Figley stated that the objective is to build this playground in one day. Volunteers are needed for planning and many more volunteers are needed to assist with the work on construction day. Page 1 - Council Meeting Minutes, July 24,2006 ,'" COUNCIL MEETING MINUTES JUL Y 24, 2006 TAPE READING 0221 CONSENT AGENDA. A) approve Council minutes of July 10, 2006; B) accept the draft Planning Commission minutes of July 13, 2006; C) accept the Recreation and Parks Board draft minutes of July 11, 2006; D) receive the Claims report for June 2006; and E) receive the Police Department Statistics report for June 2006. COX/NICHOLS... adopt the Consent Agenda as presented. The motion passed unanimously. 0279 COUNCIL BILL NO. 2636 - ORDINANCE AMENDING ORDINANCE NO. 2138 GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE POLICE DEPARTMENT. Councilor Sifuentez introduced Council Bill No. 2636. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Chief Russell stated that the department tows motor vehicles for a variety of reasons pursuant to State law such as No Insurance, Driving While Suspended, Driving Under the Influence, and Abandoned Vehicles. During the impoundment process, valuables and/or dangerous items are sometimes located thereby requiring an inventory. Based upon case law in the early 1990's, the Marion County District Attorney's office recommended enactment of the current ordinance for inventory searches. The District Attorney's office has recently asked the department to amend the current ordinance to comply with current case law within the State and not to have the inventory searches more restrictive than current State law. To date, the City of Salem and a few other local agencies have adopted the amendments. Current Oregon law allows closed containers which could contain valuables to be opened as part of the inventory process. These inventories are separate and distinct from criminal searches which have their own requirements. The cmTent ordinance requires the police officer to list closed containers (such as purses, backpacks, and fanny packs) and any items in the closed container are not inventoried by the police officer. The proposed ordinance allows an officer to clearly identify any valuables or dangerous items and it eliminates spurious claims for items that were never in the vehicle. He stated that a police officer can conduct searches if they have probable cause but this ordinance deals with those items in which they do not know what is in the closed container. If they were to open the container and find contraband, drugs, or a weapon, under the current ordinance, the police officer would not have a basis for looking into the closed container and it would cause problems for the District Attorney to prosecute such a case when a police officer just comes across the illegal item. Councilor Cox stated that he could not support this proposed ordinance since this proposed ordinance talks about the inventory of contents of a vehicle and has nothing to with criminal investigations. If the police have reasonable grounds to believe that there may be evidence in the vehicle, they can get a search warrant or, under certain circumstances, search the vehicle without a warrant. This proposed ordinance covers a situation where a vehicle is impounded which may be a case where the driver is present or Page 2 - Council Meeting Minutes, July 24,2006 .' COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING the vehicle has been abandoned. In the case of an abandoned vehicle, he objected to anyone searching through the vehicle since there is no reason for an officer to suspect or believe that any crime has been committed. He did not feel that it would be a good policy for the City to authorize these broad inventory searches just to cover the possibility of a property loss claim. He reminded the Council that the District Attorney's office has recommended that the City adopt this ordinance amendment rather than the City initiating the proposed policy. In his opinion, the case cited by the District Attorney's office covers a totally different situation in that an individual was arrested as a result of a traffic stop and officers have a right, under certain circumstances, to search the vehicle. He felt that adoption of this ordinance would be another encroachment on an individual's civil rights. He reiterated that his comments are not directed towards the Woodburn Police Department. He stated that the amendment covers over 2 pages but there is only one sentence that is being amended which is in subsection 3 ofC(3). The current ordinance states that closed containers in the vehicle would not be open for inventory purposes whereas the proposed ordinance requires closed containers designed to hold valuables to be opened. He reiterated that if the police have reason to believe or suspect that there may be evidence of a crime, there are numerous procedures the police can follow to search the vehicle. ll33 Councilor McCallum questioned if the police department currently does an inventory search on a disabled car which will be towed to a lot. Chief Russell stated that an inventory search is done if there is a reason to get into the vehicle SLlch as entering the vehicle in order to take off the parking brake. Councilor McCallum also requested for clarification if this ordinance complies with current state law and legal case laws. City Attorney Shields stated that the case cited by the District Attorney's office is based on the Portland ordinance which went before the Supreme Court and the search was upheld. He stated that the ordinance amendment is at the suggestion of the District Attorney's office, however, both forms of the ordinance are legal and consistent with State law. The new version is broader and would give more authority to search closed containers, however, there is a policy choice for the Council to make on this issue. l357 Councilor Lonergan questioned if the State Police has the authority to open a closed container during inventory check. Chief Russell stated that they do have the authority but he did not know if, under their policies and procedures, they open closed containers. Counci lor McCallum questioned if it would apply to Marion County Sheriff and Chief Russell stated that it would apply. Councilor Lonergan expressed his appreciation to Councilor Cox for his comments and feels that it is important that the Council be concerned with every individual's civil rights, however, he was in favor of the amendment. Chief Russell stated that if the ordinance is adopted, our police officers will search and inventory items in the vehicle since it has to be a procedure followed in all cases. On roll call vote for final passage, the vote was 4-1 with Councilor Cox voting nay. Page 3 - Council Meeting Minutes, July 24,2006 COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING Mayor Figley stated that this bill will be brought back to the Council for a final vote at the next meeting since it did not receive a unanimous vote. 1716 COUNCIL BILL NO. 2637 - ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2006-07. Mayor Figley stated that this meeting has been noticed in the newspaper for the acceptance of public comment on a proposed Supplemental budget for fiscal year 2006- 07. No one in the audience commented on the proposed budget which involves adjustments to the General Fund and the General Fund Capital Improvement Fund. Councilor Sifuentez introduced Council Bill No. 2637. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2637 duly passed with the emergency clause. CONTRACT AWARD: TELEPHONE SYSTEM UPGRADE. COX/MCCALLUM... award a contract to Nexus IS, Inc., for software and hardware to upgrade the existing phone system and extend service to the new police facility and authorize the City Administrator to execute an agreement in an amount not to exceed $50,580. The motion passed unanimously. 1940 COUNCIL BILL NO. 2638 - ORDINANCE RELATING TO IMPROVEMENTS OF COUNTRY CLUB ROAD BETWEEN BOONES FERRY ROAD AND ASTOR WAY. ADOPTING THE LOCAL IMPROVEMENT DISTRICT. DIRECTING THE CONTRACT AWARD. AND PROVIDING FOR PAYMENT OF COSTS THROUGH THE ASSESSMENT OF PROPERTIES. Councilor Sifuentez introduced Council Bill No. 2638. Recorder Tennant read the two readings of the bill by title only since there were no objections [rom the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2638 duly passed. 2047 COUNCIL BILL NO. 2639 - RESOLUTION ENTERING INTO A CONTRACT AMENDMENT TO THE FISCAL YEAR 2005-06 SPECIAL TRANSPORTATION FUND AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT. Council Bill No. 2639 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2639 duly passed. 2154 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's approval of Design Review 06-02, Variance 06-04, and Exception 06-01 located at 1501 Industrial Avenue: This land use action allows for the construction of a 3,888 square foot alcohol manufacturing plant in the Industrial Park Page 4 - Council Meeting Minutes, July 24, 2006 '" COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING zone, a variance to boundary and connecting street requirement for Industrial Avenue, and exception approval to not construct the sidewalk on the west side of National Way. No action was taken by the Council to bring this land use action up for review. 2208 CITY ADMINISTRATOR'S REPORT. A) Administrator Brown stated that the forms for City Attorney Shield's performance evaluation were included in the Council packets for this meeting and this item will be on the agenda for the next regular meeting. B) Several weeks ago Councilor Nichols had requested information on how much money had been spent on projects relating to a new Community Center. To date, the City has, over the last several years, incurred a little over $83,000 in costs which includes the recent contract award to Carleton Hart Architecture in the amount of$35,000. C) Administrator Brown provided the Council with a report on the pool incident from May 2006 along with staff actions taken to date to insure the safety of youngsters at the pool. The drowning incident involving an 8 year-old female occurred on May 12,2006 and investigations began immediately by the Police Department and our insurance company. The Police Department investigation was conducted to determine ifthere was any criminal activity and they concluded after about a week's time period that it was an accidental drowning. He then requested the police to conduct a more thorough investigation with the intention of trying to determine exactly what were the causes for the drowning. The insurance company took a different approach on their investigation to detern1ine the City's liability as well as the liability of other parties who may be involved. The Police department interviewed all of the staff members and every youngster (approximately 100) who had been in the pool. Our insurance investigators spoke with pool staff and some youngsters in addition to having access to the police report. In this case, the School District's insurance company is conducting their own investigation and the police report has been made accessible to them and School district officials. None of the investigations conducted by the City were able to determine what specifically happened to cause this accident. Most of the youngsters were elementary school age and the police received mixed stories from the youths. He stated that there were approximately 90 youngsters who came to the pool from the Heritage After-School program. This particular program is operated by the School district which is why their insurance company is involved. There were 7 counselors who came with the youngsters of which 6 were actually in the pool area at all times (3 on-deck and 3 in the water) and it is known that many of the youngsters had less than satisfactory swimming skills and a number of Ii fe vests were issued to youngsters who did use the vests. There were 4 lifeguards on-duty with 3 of the lifeguards in stationery positions and the 4th lifeguard was roving near the First-aid area so that they could keep an eye on the wading pool. The City was following a Red Cross protocol which calls for a ratio of 1 lifeguard to 40 people, therefore, the City was well within those numbers. The youngsters in the group notified the lifeguard that there was a child on the bottom of the pool and the lifeguard immediately followed the training and procedures for a rescue and he began CPR and Page 5 - Council Meeting Minutes, July 24, 2006 COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING attempted defilibration. He constantly worked on this youngster until the paramedics arrived which was well within a prompt response time and the youngster was transported to Silverton Hospital where she was later pronounced deceased. The City provided counseling to our lifeguards and to other individuals who were at the scene of the accident. He reiterated that staff handled the situation by the book and assured the public that the City has highly trained staff at the pool who do know what to do in the event of an emergency. Since the accident, the City has made an operational change by requiring group leaders of groups coming to the pool be responsible for knowing who the non- swimmers are and they are responsible for seeing that those youngsters get life vests. The City has approximately 75 life vests and annually purchase replacement vests. The City will be holding over about 30 vests and have ordered another 75 vests so the total vests available will be 105 vests. However, youngsters can bring their own life vests or pool toys but the group leaders are to keep an eye on the non-swimmers at all times. Non- swimmers will need to wear a life vest at all times or stay in an area where they can stand up in the water. It was also noted that children under the age of 6 must be accompanied by an adult even ifit involves use of the wading pool. The adult/child ratio for groups is 1 adult for every 4 children under the age of six and 1 adult for every 10 children age 6 or older. The City will maintain the lifeguard staffing level in addition to the group staffing requirement. An alternative was looked at that would place all staffing requirements on the pool, however, the City does not have a large enough pool oflifeguards available on short notice. If more guards are hired in the future, there would be a need to increase pool fees in order to cover the costs of these groups. Economically it was determined to put some responsibility onto the group supervisors at this point in time. The second policy that will be implemented shortly is one in which everyone who comes to the pool will be required to go through some testing process so that the staff will know how proficient a swimmer the individual is. A data base will be used to keep track of a swimmer's proficiency and a wrist-band system is being discussed to give the lifeguard the ability to scan the pool more quickly to see if a swimmer is out of the area in which they belong. Staff is working on the details of implementing this program. Councilor Cox questioned if the new policy of making a sponsoring group responsible for providing a certain level of supervision requires the supervisors in the group to be certified lifeguards or responsible adults. Administrator Brown stated that the group leaders are to be responsible individuals who may be high school students who have had some training in watching over youngsters. He stated that this is not an entirely new policy other than the fact that it is now in writing and the ratio has been tightened up a little based on what staff feels can be safely be supervised. Councilor Cox stated that this was a tragic accident but the staff has been looking at what can be done so that it does not happen again. Administrator Brown also stated that he has been interviewing new Pool Manager candidates and he hopes to bring on a new manager within the near future. The new Page 6 - Council Meeting Minutes, July 24, 2006 COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING manager will be asked to look at current pool operations and the new manager may be recommending other changes. Mayor Figley expressed her appreciation for the report which provides the public with inforn1ation on changes being made since parents and grandparents do drop their children off at the pool for this recreational activity. D) Administrator Brown also stated that he has concluded the interviewing for a Library Manager and he expects to be making a hiring offer by the end of the week with the expectation that the position will be filled within the next 30 days. 3529 MAYOR AND COUNCIL REPORTS. Councilor Nichols reminded property owners that they are responsible for cutting their tall grass and weeds since this vegetation is considered as a fire hazard. Citizens can contact the Police Department to report locations of tall grass and weeds. Councilor McCallum thanked the Public Works staff for getting ODOT to clean-up their property near the 1-5 interchange and for the repairs on the north part of Front Street which has made the roadway safer for motor vehicle traffic. Councilor Nichols also stated that it has been brought to his attention that there are a lot of tree limbs and bushes that are hanging quite low thereby restricting pedestrian use of sidewalks. He requested that staff take appropriate measures to take care of this problem for the safety of pedestrians. Councilor Sifuentez thanked the Mayor for attending the recent program at Cascade Park. Mayor Figley stated that there were two power outages in our community one of which was a mechanical failure on June 26th which was repaired by installing a portable unit and, with the unit being portable, it was not calibrated perfectly with the rest of the system at that location and, as a result, caused another outage on July 3'd. PGE has assured her that the portable unit will be in place until it is replaced with a new larger permanent unit that has greater capacity in recognition of the population growth and usage by customers. They also wanted to assure the community that they are looking at the other two sub-stations that serve Woodburn in an effort to continually upgrade and accommodate increased use in both residences and businesses: She complimented PGE for taking the time to seriously look into her question and with the opportunity to talk to both the City's PGE representative and division manager on this situation. Mayor Figley also stated that she has filed her petition to run for another term as Mayor. 4016 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authorityofORS 1 92.660(1)(h) and 192.660 (1)(f). COX/NICHOLS... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. Page 7 - Council Meeting Minutes, July 24, 2006 '" COUNCIL MEETING MINUTES JULY 24, 2006 TAPE READING The meeting adjourned to executive session at 8:03 p.m. and reconvened at 8: 16 p.m.. 4060 Mayor Figley stated that no decisions were made by the Council during executive session. ADJOURNMENT. NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:17 p.m. ATTEST fY/~ ~ Mary Ten nt, Recorder City of Woodburn, Oregon Page 8 - Council Meeting Minutes, July 24, 2006 Executive Session COUNCIL MEETING MINUTES JULY 24, 2006 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION. STATE OF OREGON, JULY 24, 2006. CONVENED. The Council met in executive session at 8:06 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Absent Present Present Present Present Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant Press: John Gervais, Woodburn Independent The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); and 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:14 p.m.. ATrEST /l1 ~ --Z;:~ Mary Te ant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, July 24, 2006