ORDINANCE No.

Authorize the Director of the Bureau of Environmental Services or designee and the City Attorney to enter into a settlement agreement with Teny vinocur for $27,800 (ordinance)
The City of Portland ordains: Section
1. 1.

The Council finds:

On September 72,2012 the Washington County Hearings Officer issued a conditional approval for the construction of the SW 86th Avenue Pump Station and Appurtenances ("the prot"), Washington County file no. |2-174-SUID/FP.
One condition of the approval was that the City must "determine what additional measures are feasible to implement in order to reduce . . . impacts" to "any household [with] particular sensitivities to construction . . . ."

2.

J.

Ms. Tery Vinocur lives at 7090 SW 84th Avenue, adjacent to the Project, and has represented to the City that she suffers from particular sensitivities to construction such as that required by the Project. Ms. Vinocur has concluded that relocating to another residence is her on choic in the face of the estimated two years and nine months of construction.
The Bureau of Environmental Services ("BES") has concluded that it would be feasible and reasonable to reimburse Ms. Vinocur for a portion of the purchase price of a new residential property of Ms. Vinocur's choosing. BES proposes to pay Ms. Vinocur a total of $27,800 upon the provision to BES of a copy of the executed deed for the purchased property.

4.

5.

6.

Ms. Vinocur will agree that this payment will fully discharge the City's obligations to her under the hearings officer's decision and that she will forever waive any claims against the City in relation to the Project.
The established cost is $27,800. Funds are available in the Sewer System Operating Fund, 20 I 3 Budget, Bureau of Environmental Services, Proj ect Number 80905 I .

7.

Fy

NOV/, THEREFORE, the Council directs:

The Director of the Bureau of Environmental Services or designee and the City Attorney are authorized to enter into a settlement agreement with Terry Vinocur in substantial conformance with the agreement attached as Exhibit A, subject to approval as to form by the City Attorney.
b.

The Mayor and Auditor are hereby authorized to draw and deliver warants chargeable to the Sewer System Operating Fund, FY 2013 Budget, Bureau of Environmental Services, Project Number E09051. when demand is presented and approved by the proper authority.

Passed by the Council, Charlie Hales Office of the Mayor

LaVonne Griffin-Valade
Auditor of the City of porrland By

Debbie Caselton March 22,2013 809051 - ord

Deputy

AiRRffii TAL SNRVICES

1120

sw Fifth Avenue, Room

L000, Portland,

ore;on 97204 . charlie Hales, Mayor

Dean Marriott, Director

City Council Agenda ltern Staff Supplemental Report

TO:

Mayor Charlie Hales

THROUGH: Chad Stover

Debbie Caselton, Community Outreach and Infonnation Representative, Director's Office

FROM:

DATE:

Marclr 22,2013

Proposed Authorization of the Director of the Bureau of Environmental Services or ciesignee and tlie City Attomey to enter into a settlernent agreement with Terry Vinocur.

RE:

Requested Council Hearing I.

Date:

April I 0,2013

RECOMMENDATION
Authorize the Director of tlie Bureau of Environmental Services or clesignee and tlie City Attomey to enter into a settlement agreement with Terry vinocur.

II.

BACKGROUND
The City of Portlancl and Clean Water Services have executed a Wholesale Sewer Service Agreement (COP #30003119) that leplacecl a 1998 Agreernent that was terrniated upon the execution of the new Agreement. The Agreement with Clean Water Services provides in part that upon the cornpletion of the City's SW 86tl' Avenue pump Statio' and Appurtenances Project the City of Portland will provide conveyan.. u,rd treatment of sewage f'om the portion of the Clean Water Services service alea that drains by gravity to the City's Fanno Basin Sewer and the SW 86tl'Avenue pump station complex. The "putnp station cotnplex" consists of tlie existing Fanno asin (FABA) pump station located at 6895 sw 86th Avenue a'd the pla'ned Jw gotn Averue pump sttin. Septernber 72, 2012, Washington County gave conditional approval to construct the SW 8"' Avenue Purnp Station ancl Appurtenances. In the Washington County Departmet of Land Use and Transportation casefle #12-174-SUlDlFP, the Hearigs fficer received testirnony and evidence at the public hearing on July 19, 2012. Residents of the surrounding neighborhood raised concetns and presented evidence regarding impacts on the quality of life and conflict with the chalactr of the neighborhoo, lorJ of property value, the unfaimess of developing another pump station at this location, a'd lack of trust i'BES as a result of history with the existing purxp station.

Plt:503-823-7740 Fax;503-823-6995 r www.cleanriverspdx.or.g. Usingrccycleclpaper. I Anlqual OpportunityEmploycn For disability accotnrnodation rcquests call 503-823-7740, oregon Rclay service at 1-g00-735-2g00, or TDD 503-823-6g6g.

The Flearings OfIcer requirecl BES to meet with any householcl that has particular sensitivities to the construction to detennine what aclclitional rreasur.es are fasible to irnplement in order to reduce specifed impacts.

should receive fnancial assistauce in one f'onl or another fi'o the City rnitigate tlie impacts of more than 2 yz yearc of construction.

has been determined that approxirnately fve householcls, inclucling that of Terry Vinocur.,

BES Public Involvement staff have met ancl spoken to neighbors acljacent to the coustruction site. Upon rneeting neighbors and evaluating their particular sensitivities, it

i'

order to

III

FINANCIAL IMPACT The established cost is $27,800. Funds are available in the Sewer Systern Operating Fund, FY 201 3, Bureau of Environmental Services Project Nurnber 809051 . The level of confidence is high for the amount agreecl upon by Terry Vinocur and BES. LEGAL ISSUES
None.

IV

CONTROVERSIAL ISSUES
None.

VI.

LINI( TO CURRENT CITY POLICIES This agreerneut is consistent with the City's expressecl
pulllp station project on the neighborhoocl.

clesire to recluce the impacts of the

VII.

CITIZEN PARTICIPATION Public outreach efTorts for the pump station project have been ancl will contiue to be couclucted by the BES Director's Office. No further citizen participatio with regard to this particular agreement is anticipatecl.
OTHER GOVERNMENT PARTICIPATION Washington County staflhelpecl identify the need f.or mitigation to households with particular sensitivities located near the constructioll area.

VIII.

x.

FINANCIAL IMPACT ON LOCAL ECONOMY

IF APPLICABLE, PROVIDE INFORMATION ON ESTIMATED NUMBER OF JOBS CREATED BY THIS ACTION IF THIS ACTION IS CONTRACT-RELATED, PROVIDE INFORMATION ON M/W/ESB PARTICIPATION (NUMBER AND PERCENTAGE)

X.

IF THiS IS A CONTRACT, DOES CONTRACTOR HAVE A CURRENT BUSINESS LICENSE? IS THEIR BUSINESS LICENSE NUMBER? IS THEIR ACCOUNT WITH THE CITY CURRENT? NOT, HOW MUCH IS OWING? -WHAT

-IF

Ph:503-823-7740 Iax: 503-823-6995 I www.cleanriverspdx.or'g . Using recyclccl paper. r Arr lqrral opporttrniiy lnrployer. For clisability accomrnoclatit)n reqLrests call 503-823-7740, oregon lelay service ai -g00-735-2g00, I or TDD 503-g23-6t6g

Exhibit A

SETTLEMENT AGREEMENT
The parties to this settlement agreement are Teruy Vinocur ("Owner"), and the City of Portland ("City"), a municipal corporation of the State of Oregon (together, "the Parties"). WI-IEREAS, City has begun construction of the SW 86th Avenue Pump Station and Appurtenances ("the Project"), the site of which is located near Owner's residence at 7090 SW 84th Averrue, Portland, Oregon ("the Property").

WHEREAS, the Washington County Hearings Officer, in Condition of Approval I.8.9 in land use case l2-174-SU/DIFP, required City to "determine what additional measures are feasible to implement in order to reduce . . . impacts" to "any household [with] particular. sensitivities to construction . . . ."; WI-lHIEAS, Orvner asserts tliat she suf'fbrs 1'orn particular sensitivities to cclnstruction such as that required by the Project;
WFIEREAS, Owner has represented to City that Owner intends to relocate permanently irl an effbrt to mitigate the potential el'fects of the Project on her sensitivities and that Owner has entered into a contract to purchase resiclential property;

WHEREAS, City has determined that it would be feasible and reasonable to pay a portion of the purchase price of residential ploperty of Owner's choosing ("the Cornpensation");
WI-IEREAS, the Parties have agreed upon an amount f'or the Cornpensation; WI-IEREAS, City will pay the Comrensation to Owner upon presentation to City of copy of Owner's cleed for the llew resiclentirl pr.operty; and
a

WIIEIlrAS, the Parties intend for the Compensation to represent the full extent of City's financial assistance to Owner with regard to the Projcct.
NOW, THEREFORE, Owner and City agree as follows:
Upon the acquisition of residential property of Owner's choosing, Owner will provide City a copy of a ftrlly-executed and recorded deed transferring ownership of the property to Orvner.

l.

2.
ator"nt

will

City will rnail or otherwise deliver to Owner a check in the amount of $27,800, which represent the entirety of the Compensation.

Page

I of'2

3. 4.

Owner

will not solicit further financial assistance with regard to the Project fiorn

any

elected officials, offcers, employees, or agents of the City of Portlancl.

Owner forever waives all claims against the City or its elected officials, officers, employees, or agents related to or arising from any actual or potential impacts from the Project to her physical or mental health or to her real or personal property.

This settlement agreement represents the full and corrplete agreernent between the Parties and supersedes any prior written or oral agreements. The terms of this settlement agreement are contractual and not a mere recital.
The Parties, through their respective signatories, represent and wrrant that they have carefully read the terms of this settlement agreement and that they are authorized to execute this settlement agreement on behalf of their respective entities.

5.

6.

This settlernent agreement shall be governed by and constnred in accordance with the laws of the State of Oregon with the exception of Oregon's choice-o1'-law rules if such rules would require application of the law of'a dillerent state.

7.

DA]'ED this CITY OF POITLAND

day

of
OWNEI

2013.

Bureau of Environmental Services

Director or designee

City Attorney

P#lU4bTs1aYo

City Attorney

1r*-. v eTy nrroRruny

r-t.v,^b}{-:

kM .u,W

Page 2 of 2

Portlancl, Oregon

FII''{ANCIAL IMPACT and PUBLIC INVOLVEMENT STATBMBT{T For Council Action ltems
I

Narne of Initiator

Debbie Caselton

Delivel original to Financial Planning Division. Retain ) 2. Telephone No. 3. Bureau/Of1ice/Dept. Environmental Services 503-823-2831

4a. To be filed (hearing date):

4b. Calendar (Check One)

Regular Consent 4/5ths

April 10,2013
6a. Financial In-rpact Section:

nxn

5. Date Submittecl to Comuri ss ionel''s o ffc e and FPD Br.rdget Analyst:

6b. Public lnvolvement Section:

ffi

Financial impact section completed

ffi

luUtic involvement section completed

l) Legislation

T'itle:

Authorize tlie Director of the Bureau of Environmental Services or clesignee and the City Attonley to cnter into settlenent agreement with Teny Vinocur. (Ordinance) (agreernent amount $27,800) 2) Purpose of the Proposed Legislation:
The purpose of the proposed legislations is to authorize the Director of the Bureau of Environmental Services or designee and the City Attorney to enter into a settlement agreement with Terry Viocur.

3) Which area(s) of the city are affected by this Council item? (Check all that apply-areas are based on formal neighborhood coalition boundaries)? E City-wide/Regional I Noftheast f Northwest E Norlh Central Northeast Southeast East fl Southwest ! Central City X This project to which this itern pertains is located in unincorporated Washigton Couty, outside of the City of Portlancl limits.

tr

FINANCIAL IMPACT
4) Revenue: Will this legislation generate or recluce current or future revenue coming to the City? by how much? If so, please identify the source. No 5) Expense: What are the costs to the City as a result of this legislation? What is the source of funding for the expense? (Please include costs in the current.fscal year as well as costs in.fi,ttttre years. If'the actiott s related to a grant or conlract please include the local contribtttion or match requir'ed. I.f tere is project estimate, please identi.fy the level of confidence.)
The established cost is $27,800. Funds are available in the Sewer Systern Operating Fund, Fy 2013, Bur.eau of Enviloutnental Serices Project Number 809051 . The level of confidence is high fbr the arnount agreed upon by Ten'y Vinocur and BES.

If

so,

6) Staffins Requirements:

Will any positions be created, eliminated or re-classified in the current year as a result of this legislation? (If'new positions are creaed plectse inclttcle whether they will Le part-time, limited lerm, or penttanent positions. If'the position is limitee{ tenn please indicctte the .fitll-time, end
o./

the term.)

No

'
No

Will positions be created or eliminated,in.fitture years as a result of this legislation?

(Contplete tlte.followitxg '\^ection only f an menclntettt to the budget

proposed.)

needed.)

7) Change in Appropriations (I/ the accotj.L])cux)ittg orclincutcc nntencls the btrclget please rc.flect thc clollctr to be appropriated by this legislaion. Inclttele rhe ctppropriate cost elemens that arc tct be toaclecl by accottnling. Indicate "nev," in Fwtd Center colrunn i.f'nett, cener needs to be crecttecl. Use aclclitio,al space if
cunoLtt'tl

Fund

lund Ccnter

Commitment Item

lunctional Area

Funcled Program

Grant

Sponsore

cl

Amount

Program

IProceed to Public Involvement section

REeUIRED

as of

July 1,20lll

PUBLIC INVOLVEMENT
8) Was public involvement included in the development of this Council item (e.g. ordinance, resolution, or report)? Please check the appropriate box below: X YES: Please proceed to euestion #9. n No: Please, explain why below; and proceed to euestion #r0. 9)

If 'YES,"

please answer the following questions:

a) What impacts are anticipated in the community from this proposed Council item?

owner.

None. This item pertains to a negotiated settlement agreement between the City and one property

b) Which community ancl business groups, under-represented groups, organizations, external government entities, and other interested parties were involvecl in this effrt, and when and how were they involved? County stafand resiclents in the vicinity of the future pump station site have participated in the eflbrt to identify neighbors who have particular sensitivities to onsiruction and to detnnine feasible measures for reducing construction irnpacts. c) How did public involvement shape the outcome of this Council item?
The public's involvement in the SW 86tl'Avenue Pump Station and Appurtenances project has helped theCityeva1uatethepotentia1irnpactsofthecorrstructonontheneigborhood. 'Washington

d) Who designed and implemented the public involvement related to this Council item?

City of Portland Environmental Services: Stephen Sykes, Senior Community Outreach and Information Representative; Megan Callahan, Public Affairs Manager; Debbie Caselton, Community Outreach and Information Representative; and Kristen Kibler, Jeanne Lawson Associates (JLA).
e)

email):

Primary contact for more information on this public involvement process (name, titleo phone,

Debbie. Caselton@portl andoregon. gov

Debbie Caselton, Community Outreach and Information Representative, 5 03 -g23 -2g3 l,

or why not.

10) Is any future public involvement anticipated or necessary for this Council item? please describe why

No' This item will

enable the relocation of a property owner with particular sensitivities to the potential construction impacts, so no further public involvement will be necssary as to that property owner.

Dean Marriott

APPROPRIATION UNIT HEAD