METRO POLICY ADVISORY COMMITTEE MEETING RECORD

September 12, 2002 – 5:00 p.m.

Metro Regional Center, Council Chambers

Committee Members Present: Chair Michael Jordan, Larry Cooper, Nathalie Darcy, Rob Drake, Bernie Giusto, Eugene Grant, Ed Gronke, John Hartsock, Alan Hipólito, Vera Katz, Richard Kidd, Annette Mattson, Lisa Naito, Doug Neeley

Alternates Present: Jack Hoffman, Chris Lassen

Also Present: Frank Angelo, Angelo Eaton and Associates; Linda Bauer, Citizen; Jeff Bachrach, Ramis Crew Corrigan and Bachrach; Hal Bergsma, City of Beaverton; Beverly Bookin, The Bookin Group; Al Burns, City of Portland; Cindy Catto, Associated General Contractors; Bob Clay, City of Portland; Tom Coffee, Consultant; Brent Curtis, Washington County; Rob DeGraff, Portland Business Alliance; Michael Dennis, TriMet; Bob Durgan, Andersen Construction; Kay Durtschi, MCCI; Chris Eaton, Angelo Eaton and Associates; Elissa Gertler, Portland Development Commission; John Hamilton, City of Portland; Kevin Harden, Valley Times; Stacy Hopkins, City of Tualatin; Holly Iburg, Newland Communities; Gregory Jenks, Clackamas County; Alex Kasyan, City Cab Beaverton; Ying Lin, Cogan Owens and Cogan; Doug McClain, Clackamas County; Leeanne MacColl, Regional League of Women Voters; Laura Oppenheimer, The Oregonian; Pat Ribellia, City of Hillsboro; Kelly Ross, Home Builders Association of Metropolitan Portland; Richard Ross, City of Gresham; Michael Tolley, City of Portland; Ed Trompke, Westside Business Alliance/Green Transportation; Anthony Walker, University of the West of England

Metro Elected Officials Present: Liaisons – Carl Hosticka, Presiding Officer; Rod Park, Council
District 1. David Bragdon, Council District 7

Metro Staff Present: Dick Benner, Dan Cooper, Andy Cotugno, Suzanne Myers Harold, Michael Morrissey, Mary Weber

1.  INTRODUCTIONS

Michael Jordan, Clackamas County Commission and MPAC Chair, called the meeting to order at
5:03 p.m. Those present introduced themselves.

2.  ANNOUNCEMENTS

Chair Jordan reviewed MPAC’s schedule for the next few meetings. At the next meeting, MPAC will continue its discussion of job lands need policy and land allocation, and make decisions on the policy component. MPAC is scheduled to make a decision on land allocation in one month. At the next meeting there will also be an opportunity for interested persons to testify about the job lands need.

3.  CITIZEN COMMUNICATIONS

Chris Eaton, Angelo Eaton and Associates, presented an alternative urban growth boundary (UGB) expansion proposal, entitled “There is a Choice.” A copy of the proposal is included in the meeting record. Ms. Eaton said that she represented Newland Communities, a home building company. She and her staff at Angelo Eaton and Associates developed the proposal.

Lisa Naito, Multnomah County Commissioner, said her staff has worked hard to protect the concerns of the nursery industry. She asked Ms. Eaton to contact Multnomah County staff for information about the nursery industry.

Jack Hoffman, Councilor, City of Lake Oswego, said his city would like to see the Stafford Basin developed as a whole rather than piecemeal. Lake Oswego would have concerns about the proposed development of area 42 in Ms. Eaton’s alternative alternatives analysis.

4.  CONSENT AGENDA

Nathalie Darcy, Washington County Citizen Representative, requested that MPAC vote on the meeting summaries separately.

4.1  Meeting Summary for July 24, 2002

4.1 Meeting Summary for August 14, 2002

4.1 Meeting Summary for August 28, 2002

4.2  Consideration of MTAC Appointments

5.  COUNCIL UPDATE

Carl Hosticka, Metro Presiding Officer, deferred to Rod Park, Metro Councilor, for the Council update.

Councilor Park welcomed Commissioner Naito, who had been absent recently due to back surgery. He distributed and reviewed a document entitled “Periodic Review Urban Growth Boundary (UGB) – Critical Dates,” a copy of which is included in the meeting record.

Presiding Officer Hosticka noted that October 1, is the deadline for Councilors to submit amendments to the Executive Officer’s recommendation. This deadline is rigid due to public notification requirements. He noted that procedurally, any changes to the Executive Officer’s recommendation must be moved by a Councilor or the Executive Officer. As a courtesy, a Councilor would move a recommendation made by MPAC.

6.  RESOLUTION NO. 02-3197, FOR THE PURPOSE OF REQUESTING INFORMAL ADVICE FROM THE METROPOLITAN POLICY ADVISORY COMMITTEE REGARDING TAXI REGULATION ON A REGIONAL BASIS

Dan Cooper, Metro General Counsel, gave a legal overview of the resolution. The resolution does not ask MPAC for a final decision on whether Metro should regulate taxis, but whether it is worth looking at first.

David Bragdon, Metro Councilor, presented the resolution. A staff report to Resolution No. 02-3197 contains information presented by Councilor Bragdon and is included in the meeting record. The question to be studied is if it would be more efficient, both for the industry and for customers, to regulate the taxi system on a regional basis?

Mayor Drake said it does not make sense to continue the current regulation system. It seems to make sense to place taxi regulation under one umbrella for the sake of good business, safety and efficiency.

Doug Neeley, Commissioner, City of Oregon City, asked if the proposed study would include contacting each of the taxi companies both inside and outside Portland’s jurisdiction?

Councilor Bragdon said yes, they would want to survey the whole region.

Mr. Giusto asked about the scope of the study and asked if Metro would serve as the licensing agent?

Councilor Bragdon said the scope of regulations varies from city to city. In effect, the City of Portland regulates taxi rates, barriers to entry, and service standards for the entire region, because it is the biggest share of the market. The proposed study would look at the question of whether Metro would be the licensing agent.

Commissioner Naito recommended that the study also address Metro’s ability to staff taxi regulation. She expressed concern about diverting Metro staff from its current focus. She asked if the cities have considered intergovernmental agreements (IGAs) as a possible alternative.

Councilor Bragdon said the Council would need to discuss the particulars. In his opinion, any taxi regulation program would have to be a self-supporting service.

Chair Jordan introduced John Hamilton, Private For-Hire Transportation Supervisor, Bureau of Licenses, City of Portland. He noted that no action was taken on Resolution No. 02-3197 at the last MPAC meeting because there was no quorum and because representatives from the City of Portland were unable to attend due to a public hearing.

Mr. Hamilton reviewed the City of Portland Bureau of Licenses’ comments to MPAC regarding regional for-hire transportation regulation. A copy is included in the meeting record.

Mayor Drake thanked Mr. Hamilton for the City of Portland’s analysis of the issue. He said he supports Metro looking further at the question of regional taxi regulation.

Ed Gronke, Clackamas County Citizen Representative, said he does not oppose the resolution but he is deeply skeptical of a government’s ability to efficiently allocate resources in the taxi industry that would guarantee the health of the operators.

Commissioner Naito said in addition to safety and the other elements that the City of Portland regulates, she would like every taxi car to be equipped with a global positioning system or a Thomas Guide map.

Vera Katz, Mayor, City of Portland, said she does not think that Metro really wants to do this, but a study is fine.

7.  PERIODIC REVIEW OF THE UGB

•  MTAC Recommendation on Centers Issues and Policies

Andy Cotugno, Planning Director, reviewed a memo to Chair Jordan regarding Metro Technical Advisory Committee (MTAC) comments on Urban Growth Management Functional Plan centers policies. A copy of the memo is included in the meeting packet.

Councilor Hoffman asked if this amendment provided a mechanism for the situation in Lake Oswego, in which the city is trying to develop the Lake Grove and Lake Oswego town centers, and fears competition from the Tualatin quarry.

Mr. Cotugno said this amendment does not address that situation because the Tualatin quarry is designated employment land, not industrial land. It is available for commercial purposes and Metro is not proposing to restrict it.

Councilor Hoffman asked if Metro can mediate issues in which one jurisdiction is taking actions that may affect another jurisdiction’s development of its town center?

Mr. Dan Cooper said yes, Metro has coordinating authority over comprehensive plan differences between local jurisdictions within Metro’s boundary.

Chair Jordan noted that in this situation, however, both jurisdictions’ comprehensive plans are in compliance. Therefore there is nothing for Metro to mediate.

Councilor Hoffman expressed concern about tying the schedule to periodic review, because that could stretch out develop of centers another five to ten years. If the region’s goal is to achieve a 28.5% refill rate, waiting for periodic review may not achieve that goal.

Mayor Drake said considering the high cost of planning in terms of public notice and staff time, it is important to not keep city planning staff in perpetual periodic review.

Chair Jordan noted that the MTAC recommendation is to tie the schedule to each local periodic review “as much as possible.” He suggested adding an end date of five years: “in periodic review, but to be completed in five years.”

•  MTAC Recommendation on Housing Need

Mr. Cotugno reviewed a memo to Chair Jordan regarding interest group comments on the residential Urban Growth Report, MTAC responses. A copy of the memo is included in the meeting packet.

Ms. Mattson asked who made the comment in MTAC that there is a movement towards the development of smaller schools? In what way did the speaker mean smaller?

Mr. Cotugno said the comments were made by the representative from the Multnomah County Education Service District. He was referring to a trend toward smaller school populations, not smaller school sites or buildings.

Ms. Mattson said in her six years on a school board and attending national and state conferences, she has never seen any such thing. In her experience, the trend is toward larger school populations.

Mayor Drake noted that Tom Hughes, Mayor, City of Hillsboro, echoed Ms. Mattson’s comments about school site size at the last MPAC meeting.

Mr. Cotugno reviewed MTAC’s recommendation on parks.

Mayor Katz said if MPAC is going to increase the acreage for parks, she would like to know the proposed funding strategies.

Chair Jordan said the Parks Subcommittee report included information about the historical funding mechanisms for parks. Parks were developed using a myriad of funding tools, not just system development charges (SDCs). While he does not expect the region to develop 8,000 acres of parkland every ten years, the region does not make its plans based on minimum funding levels for any other public facility. Why shouldn’t the region plan for what it thinks should happen with parks?

Mr. Cotugno added that the Urban Growth Report is not a plan for parks. It is an assumption of how much land is not available for urban development.

Chair Jordan agreed, but said that if the land is not there, the region is unlikely to get the parks either.

Mr. Giusto noted that adjustments are made every five years, and Metro can look again at the funding mechanism.

Ms. Darcy said as a member of the MPAC Parks Subcommittee, she felt totally constrained by the requirement that any recommendation had to be completely defensible. If Metro can develop findings to support a higher parks figure then it should, because livability is tied to parks. She wondered if parks get singled out because the other public facilities are defined as “critical”?

Mr. Dan Cooper noted that parks are called out in the statutes as a single factor.

Mr. Cotugno briefly reviewed issues 5 and 7: housing type needed and accessory dwelling units. There is currently not enough information available by which to make a recommendation. The information may not be available prior to MPAC’s recommendation.

Chair Jordan said MPAC needs to discuss and make a recommendation on schools, parks, and the capture rate.

Commissioner Neeley said for the capture rate, a twenty-year history gives a better picture of the growth cycle than five years. He would prefer using the 68% capture rate, based on a twenty-year history.

Mr. Cotugno said the statute requires Metro to use the last five years unless it is an economic trend. Staff believes that the effect of the recession on the region’s capture rate is an economic trend.

Mayor Grant said in light of past history and the difficulties defending UGB decisions, he recommended using the more legally defensible, five-year number, even if the number changes dramatically every five years.

Mayor Drake said things are moving so quickly in the region, and the picture today is a lot different than it was twenty years ago. He thinks the more recent analysis is far more accurate of what is happening in the region today than going back twenty years. He supports the five-year history.

Councilor Hoffman said he supports the 20-year history because the picture today is a lot different today than it was three or four years ago.

Councilor Hoffman said in Lake Oswego, the city is maximizing recreation opportunities by using school facilities. Therefore in some respects it makes more sense to encourage schools to be bigger rather than smaller, if they provide active recreation facilities.

Chair Jordan noted that the difference between the two numbers is only 200 acres across the region for twenty years. It does not equal many softball fields.

Commissioner Neeley said in Oregon City, schools are moving away from one-story buildings and the density number is increasing.

Ms. Mattson noted that once upon a time, only half of the school’s population used the recreational fields. Now that girls are active in sports, demand for the facilities has doubled.

Mayor Drake said while 200 acres is not much land, he supports using the larger number to make the statement that it enhances recreational use.

Chair Jordan asked if the current assumption is more legally defensible than the aspirational or “ideal” assumption?

Mr. Cotugno said yes, because it represents what the market conditions produce. The number is pegged at the level the Beaverton School District said it is experiencing.

Presiding Officer Hosticka recommended avoiding words like “ideal” and “reality” when describing school site sizes.

Chair Jordan said MTAC recommended changing the parks number from 1,100 to 2,290 acres.

Chair Jordan said MTAC recommended retaining the current assumptions for underbuild.

Mr. Cotugno said MPAC cannot make a recommendation on issue 5, housing type needed, because the necessary information is not yet available.

Commissioner Neeley noted that in terms of issue 2, environmentally constrained lands, the impact of Title 3 in the proposed expansion areas is not known.

Mr. Dan Cooper said MPAC is voting on recommendations for the capacity of the land inside the current urban growth boundary, not land proposed for UGB expansion.

Mayor Drake said the long-term calendar indicated that MPAC would discuss UGB expansion tonight, but it is not on the agenda. Will this issue be discussed at a later point?

Chair Jordan said MPAC still needs to address the issue of where to expand. The Urban Growth Report establishes how much to expand the UGB. On the jobs side, there is also the issue of how much can actually be allocated.

•  Introduce Jobs Land Needs

Mr. Cotugno reviewed Chapter 6 of the 2040 Refinement Report – Policy Recommendations, “Proposed Regional Framework Plan and Metro Code Policy Language Changes,” and two tables: Industrial Land Deficits and Commercial Land Need. Copies of Chapter 6 and the two tables are included in the meeting record. He noted that the Executive Officer recommendation is to lower the size of commercial retail use allowed in industrial areas from 60,000 square feet to 40,000 square feet (Section 3.07.430 Protection of Industrial Areas). The recommendation from MTAC may be to further reduce that number to 20,000 square feet, with only five percent of the total industrial acreage available for retail. Three policy questions need to be addressed by MPAC. First, does the recommendation represent an adequate reflection of large lot industrial need? Second, the Executive Officer’s recommendation is tied to specific locations for employment lands because it is tied to exception lands. The amount of employment land proposed for addition to the UGB is clearly insufficient based on the Urban Growth Report. Should Metro do more now, and has it identified locations that meet the needs of warehousing and high tech uses? The other option is to complete the work as a part of a Task 3 extension. Third, should Metro incorporate the market factor of elasticity and provide more than a twenty-year land supply in order to give the market the choices it needs?

Chair Jordan asked if MTAC’s upcoming policy recommendations will include acreage impacts?

Mr. Cotugno said no, that would be the next step.

Chair Jordan said at the next MPAC meeting, the committee will discuss MTAC’s recommendation on the policy pieces, will accept testimony from interested parties on the jobs side, and debate the issues raised by Mr. Cotugno.

Councilor Lassen said he is concerned that Metro is moving too fast, particularly in terms of small communities. One of Gresham’s major concerns is more industrial land. He submitted into the record a prospectus for Springwater, a copy of which is included in the meeting record.

Richard Ross, Planning Department, City of Gresham, said the bus tour next Friday will include areas in which the region can develop industrial land right now. He said if anyone is unable to attend the bus tour, Gresham’s city manager can arrange a private tour.

Mr. Hartsock asked that MTAC address the issue of public safety, particularly how facilities such as fire stations and fire training facilities fit into industrial areas as an allowed use.

Commissioner Neeley asked MTAC to address the issue of permitting educational facilities that are directly related to industrial needs.

Councilor Hoffman asked MTAC to look at 3.07.460 Government Offices, and discuss whether cities and counties should encourage the siting of public buildings such as libraries in town centers, or if it is limited to government facilities.

There being no further business, Chair Jordan adjourned the meeting at 7:08 p.m.

Respectfully submitted,

Suzanne Myers Harold

MPAC Coordinator

ATTACHMENTS TO THE RECORD FOR SEPTEMBER 12, 2002

The following have been included as part of the official public record: