CC Minutes - 10/28/09 Work Session

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Mr. Zelenka commented that police oversight policies had been revised since the Ian Van Ornum incident to provide for investigations of misconduct concurrent to criminal charges and prosecutions. He further hoped that no criminal charges would be associated to the most recent tasering incident so that the Internal Affairs investigation process could proceed quickly and unrestricted. Mr. Gissiner offered that the prosecutor in the Ian Van Ornum criminal case had been vocal in his opinion that any administrative investigations be postponed until the completion of all associated criminal charges. Mr. Zelenka commented it was up to the District Attorney to decide if criminal charges would be filed in a police matter. Chief Kerns corrected Mr. Zelenka and noted that it had been the Chief of the EPD’s decision, in consultation with the District Attorney, to file criminal charges in the Ian Van Ornum case. Mr. Clark noted he had been meeting regular with Mr. Gissiner to discuss public relations and other matters related to the police oversight responsibilities of his office. He maintained that the public had certain misperceptions regarding the CRB’s authority and disciplinary powers, and looked forward to greater clarification and public education efforts in that regard. Ms. Piercy thanked Mr. Gissiner and Chief Kerns for their comments. A. WORK SESSION: Eugene Comprehensive Lands Assessment (ECLA) Mr. Ruiz recognized the recent discussions surrounding the ECLA process and noted that the Council and reminded the Council that additional staff research had been requested regarding the various methodologies used in the ECLA process as well as regarding the legal requirements of House Bill 3337. He further reported that specific dates for acceptance and adoption of the ECLA findings were also being considered. Mr. Ruiz commented that staff was proposing a motion to meet multiple objectives regarding the ECLA process. He noted that the staff motion had been endorsed by the Eugene Chamber of Commerce, the Homebuilders Association, Paul Conte, and other parties. He further noted the motion had been drafted to foster positive policy discussions regarding various land use issues in Eugene. Mr. Clark hoped the staff recommended motion would allow the EcoNorthwest consulting group to continue assisting the City in refining the ECLA data. Mr. Ruiz offered his assurances that EcoNorthwest would continue to be used in that regard and believed that Associate Planner Jason Dedrick and his colleagues would continue to work with EcoNorthwest throughout the process. Mr. Poling noted he had no serious concerns regarding the staff recommended motion and complimented Mr. Clark for his diligence and leadership regarding the Council’s review of the ECLA process. Mr. Zelenka hoped that any specific dates prescribed by the staff recommended motion would be realistic and allow for a definitive completion timeframe for the ECLA process. Mr. Zelenka asked for clarification regarding the “approval of the draft ECLA Supply and Demand Estimate” listed in the recommended motion. Deputy City Attorney Emily Jerome answered that the motion if passed would enable staff to bring back a resolution to the Council that would specifically set out that the Council was not adopting the ECLA findings but would instead be accepting the preliminary ECLA work product while it continued to refine the ECLA data through April of 2010. Responding to a question from Mr. Zelenka, Ms. Jerome believed that that motion and subsequent resolution would satisfy the requirements of HB 3337. Ms. Jerome hoped that the Council would by April of 2010 have reached an agreement regarding how the various policy recommendations and strategies revealed by the ECLA data would be implemented. MINUTES—Eugene City Council October 28, 2009 Page 3 Work Session