environmental refugee portland settlement 27k

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ORDINANCE No.

Authorize the Director of the Bureau of Environmental Services or designee and the City Attorney to enterinto a settlement agreement with Teny vinocur for $27,800 (ordinance)

The City of Portland ordains:

Section 1. The Council finds:

On September 72,2012 the Washington County Hearings Officer issued a conditional approvalfor the construction of the SW 86th Avenue Pump Station and Appurtenances ("the proþt"),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] particularsensitivities to construction . . . ."

Ms. Tery Vinocur lives at 7090 SW 84th Avenue, adjacent to the Project, and has representedto the City that she suffers from particular sensitivities to construction such as that required bythe Project. Ms. Vinocur has concluded that relocating to another residence is her onþ choicàin 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 andreasonable 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 theexecuted deed for the purchased property.

Ms. Vinocur will agree that this payment will fully discharge the City's obligations to her underthe hearings officer's decision and that she will forever waive any claims against the City inrelation to the Project.

The established cost is $27,800. Funds are available in the Sewer System Operating Fund, Fy20 I 3 Budget, Bureau of Environmental Services, Proj ect Number 80905 I .

NOV/, THEREFORE, the Council directs:

b.

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

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, ProjectNumber E09051. when demand is presented and approved by the proper authority.

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Passed by the Council,Charlie HalesOffice of the Mayor

Debbie CaseltonMarch 22,2013

809051 - ord

LaVonne Griffin-ValadeAuditor of the City of porrlandBy

Deputy



AÑiîRÜRffiËiîTAL SNRVICES1120 sw Fifth Avenue, Room L000, Portland, ore¡;on 97204 . charlie Hales, Mayor r Dean Marriott, Director

City CouncilAgenda lternStaff Supplemental Report

TO: Mayor Charlie HalesTHROUGH: Chad Stover

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

DATE: Marclr 22,2013

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

Requested Council Hearing Date: April I 0,2013

I. RECOMMENDATION

Authorize the Director of tlie Bureau of Environmental Services or clesignee andtlie CityAttomey to enter into a settlement agreement with Terry vinocur.

BACKGROUND

The City of Portlancl and Clean Water Services have executed a Wholesale Sewer ServiceAgreement (COP #30003119) that leplacecl a 1998 Agreernent that was terrni¡ated uponthe execution of the new Agreement. The Agreement with Clean Water Services providesin part that upon the cornpletion of the City's SW 86tl' Avenue pump Statio' andAppurtenances Project the City of Portland will provide conveyan.. u,rd treatment ofsewage fì'om the portion of the Clean Water Services service alea that drains by gravity tothe City's Fanno Basin Sewer and the SW 86tl'Avenue pump station complex. The"putnp station cotnplex" consists of tlie existing Fanno Èasin (FABA) pump stationlocated at 6895 sw 86th Avenue a'd the pla'ned Jw gotn Averue pump státiãn.Septernber 72, 2012, Washington County gave conditional approval to construct the SW8Ó"' Avenue Purnp Station ancl Appurtenances. In the Washington County Departme¡t ofLand Use and Transportation casefìle #12-174-SUlDlFP, the Heari¡gs ôfficer receivedtestirnony and evidence at the public hearing on July 19, 2012. Residents of thesurrounding neighborhood raised concetns and presented evidence regarding impacts onthe quality of life and conflict with the chalactèr of the neighborhooã, lorJ of propertyvalue, the unfaimess

of developing another pump station at this location, a'd lack of trusti'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 Anlìqual OpportunityEmploycnFor disability accotnrnodation rcquests call 503-823-7740, oregon Rclay service at 1-g00-735-2g00, or TDD 503-823-6g6g.

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III

The Flearings OfIìcer requirecl BES to meet with any householcl that has particularsensitivities to the construction to detennine what aclclitional rreasur.es are fôasible toirnplement in order to reduce specifìed impacts.

BES Public Involvement staff have met ancl spoken to neighbors acljacent to thecoustruction site. Upon rneeting neighbors and evaluating their particular sensitivities, ithas been determined that approxirnately fìve householcls, inclucling that of Terry Vinocur.,should receive fÌnancial assistauce in one f'onl or another fi'oÃ the City

i'order

tornitigate tlie impacts of more than 2 yz yearc of construction.

FINANCIAL IMPACTThe established cost is $27,800. Funds are available in the Sewer Systern OperatingFund, FY 201 3, Bureau of Environmental Services Project Nurnber 809051 . The level ofconfidence is high for the amount agreecl upon by Terry Vinocur and BES.

LEGAL ISSUESNone.

CONTROVERSIAL ISSUESNone.

LINI( TO CURRENT CITY POLICIESThis agreerneut is consistent with the City's expressecl clesire to recluce the impacts of thepulllp station project on the neighborhoocl.

CITIZEN PARTICIPATIONPublic outreach efTorts for the pump station project have been ancl will conti¡ue to becouclucted by the BES Director's Office. No further citizen participatio¡ with regard tothis particular agreement is anticipatecl.

VIII. OTHER GOVERNMENT PARTICIPATIONWashington County staflhelpecl identify the need f.or mitigation to households withparticular sensitivities located near the constructioll area.

FINANCIAL IMPACT ON LOCAL ECONOMY

IF APPLICABLE, PROVIDE INFORMATION ON ESTIMATED NUMBER OFJOBS CREATED BY THIS ACTION

IF THIS ACTION IS CONTRACT-RELATED, PROVIDE INFORMATION ONM/W/ESB PARTICIPATION (NUMBER AND PERCENTAGE)

IF THiS IS A CONTRACT, DOES CONTRACTOR HAVE A CURRENT BUSINESSLICENSE?

-WHAT

IS THEIR BUSINESS LICENSE NUMBER? ISTHEIR ACCOUNT WITH THE CITY CURRENT?

-IF

NOT, HOW MUCH ISOWING?

Ph:503-823-7740 Iìax: 503-823-6995 I www.cleanriverspdx.or'g . Using recyclccl paper. r Arr lÌqrral opporttrniiy lìnrployer.For clisability accomrnoclatit)n reqLrests call 503-823-7740, oregon lìelay service ai I -g00-735-2g00, or TDD 503-g23-6tÌ6g

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VI.

VII.

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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 andAppurtenances ("the Project"), the site of which is located near Owner's residence at 7090 SW84th Averrue, Portland, Oregon ("the Property").

WHEREAS, the Washington County Hearings Officer, in Condition of Approval I.8.9 inland use case l2-174-SU/DIFP, required City to "determine what additional measures arefeasible to implement in order to reduce . . . impacts" to "any household

[with]particular.

sensitivities to construction . . . .";

WI-lHIìEAS, Orvner asserts tliat she suf'fbrs 1ì'orn particular sensitivities to cclnstructionsuch as that required by the Project;

WFIEREAS, Owner has represented to City that Owner intends to relocate permanentlyirl an effbrt to mitigate the potential el'fects of the Project on her sensitivities and that Owner hasentered into a contract to purchase resiclential property;

WHEREAS, City has determined that it would be feasible and reasonable to pay aportion of the purchase price

ofresidential

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 Com¡rensation to Owner upon presentation to City of acopy of Owner's cleed for the llew resiclenti¿rl pr.operty; and

WIIEIìlrAS, the Parties intend for the Compensation to represent the full extent of City'sfinancial assistance to Owner with regard to the Projcct.

NOW, THEREFORE, Owner and City agree as follows:

l. Upon the acquisition of residential property of Owner's choosing, Owner will provideCity a copy of a ftrlly-executed and recorded deed transferring ownership of the property toOrvner.

2. City will rnail or otherwise deliver to Owner a check in the amount of $27,800, whichat¡or"¡nt will represent the entirety of the Compensation.

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3. Owner will not solicit further financial assistance with regard to the Project fiorn anyelected officials, offìcers, employees, or agents of the City of Portlancl.

4. 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 toher physical or mental health or to her real or personal property.

5. This settlement agreement represents the full and corrplete agreernent between theParties and supersedes any prior written or oral agreements. The terms of this settlementagreement are contractual and not a mere recital.

6. The Parties, through their respective signatories, represent and wârrant that they havecarefully read the terms of this settlement agreement and that they are authorized to execute thissettlement agreement on behalf of their respective entities.

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

DA]'ED this

CITY OF POIìTLAND

day of 2013.

OWNEIì

Bureau of Environmental ServicesDirector or designee

City Attorney

A P P#ÈlUì4bTs1aðYo kM .u,W

1r*-. r-t.v,^bð}{-:v e¡Ty nrroRruny

City Attorney

Page 2 of 2



Portlancl, OregonFII''{ANCIAL IMPACT and PUBLIC INVOLVEMENT STATBMBT{T

For Council Action ltems

Delivel original to Financial Planning Division. Retain )I . Narne of Initiator

Debbie Caselton

2. Telephone No.

503-823-2831

3. Bureau/Of1ice/Dept.Environmental Services

4a. To be filed (hearing date):

April 10,2013

4b. Calendar (Check One)

Regular Consent 4/5thsnxn5. Date Submittecl toComuri ss ionel''s o ffìc e

and FPD Br.rdget Analyst:

6a. Financial In-rpact Section:

ffi Financial impact section completed

6b. Public lnvolvement Section:

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¿ì settleÍnent 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 ordesignee and the City Attorney to enter into a settlement agreement with Terry Vi¡ocur.

3) Which area(s) of the city are affected by this Council item? (Check all that apply-areas are based onformal neighborhood coalition boundaries)?E City-wide/Regional I Noftheast f Northwest

fl Southwestr Central Northeast n Southeast! Central CityX This project to which this itern pertains is located in unincorporated Washi¡gton Cou¡ty, outside ofthe City of Portlancl limits.

FINANCIAL IMPACT

4) Revenue: Will this legislation generate or recluce current or future revenue coming to the City? If so,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 fundingfor the expense? (Please include costs in the current.fìscal year as well as costs in.fi,ttttre years. If'the actiott ísrelated to a grant or conlract please include the local contribtttion or match requir'ed. I.f tñere is å projectestimate, 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.eauof Enviloutnental Serices Project Number 809051 . The level of confidence is high fbr the arnount agreedupon by Ten'y Vinocur and BES.

E Norlhn East



6) Staffins Requirements:

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

No

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

No

(Contplete tlte.followitxg '\^ection only ìf an ømenclntettt to the budget ís proposed.)

7) Change in Appropriations (I/ the accotj.L])cux)¡ittg orclincutcc nntencls the btrclget please rc.flectthc clollctrcunoLtt'tl to be appropriated by this legislaÍion. Inclttele rhe ctppropriate cost elemenÍs that arc tct be toaclecl by

accottnling. Indicate "nev," in Fwtd Center colrunn i.f'nett, cenîer needs to be crecttecl. Use aclclitio,al space ifneeded.)

Fund lìundCcnter

CommitmentItem

lìunctional Area Funcled Program Grant Sponsore cl

ProgramAmount

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 'íYES," please answer the following questions:

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

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

b) Which community ancl business groups, under-represented groups, organizations, externalgovernment entities, and other interested parties were involvecl in this effãrt, and when

and howwere they involved?'Washington

County stafïand resiclents in the vicinity of the future pump station site have participated inthe eflbrt to identify neighbors who have particular sensitivities to õonsiruction and to detËnnine feasiblemeasures 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 helpedtheCityeva1uatethepotentia1irnpactsofthecorrstructìonontheneigúborhood.

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

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

e) Primary contact for more information on this public involvement process (name, titleo phone,email):

Debbie Caselton, Community Outreach and Information Representative, 5 03 -g23 -2g3 l,Debbie. Caselton@portl andoregon. gov

10) Is any future public involvement anticipated or necessary for this Council item? please describe whyor why not.

No' This item will enable the relocation of a property owner with particular sensitivities to the potentialconstruction impacts, so no further public involvement will be necãssary as to that property owner.

Dean Marriott

APPROPRIATION UNIT HEAD

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