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required additional public hearings for the adoption of regulations. Mr. Bj0rklund said that the safe <br />harbor provisions were very proscriptive in terms of resulting regulations, and the City would be <br />required to do code amendments to meet those provisions of the law. The City could use its <br />existing code protections for the standard inventory process. He believed the difference in time <br />between the two processes was in the range of months rather than years. Mr. Poling asked Mr. <br />Bj0rklund to contrast the cost of the two processes. Mr. Bj0rklund said staff assumed that the <br />work associated with either process could be done with the existing staff and existing budget, and <br />the department did not intend to ask the council for more money to complete the effort. <br /> <br />Ms. Bettman asked Mr. Bj0rklund to estimate the length of each process before the City had a <br />Goal 5 inventory with some protections. Mr. Bj0rklund clarified that sites were not protected until <br />the inventory was completed and regulations adopted and applied. The work needed would <br />potentially be completed in a year under either process. He pointed out that the public review and <br />adoption process was a variable that affected the time line. He noted that under the safe harbor <br />approach, the City would be dealing with about ten percent of the sites it was addressing under <br />the standard inventory process as the safe harbor approach prescribed what sites were included <br />in the inventory. <br /> <br />Ms. Bettman recalled that the process started in 1992, and now the metropolitan area was still at <br />Step 1. The process had taken more than a decade to this point. She asked how long the <br />remaining five steps would take to accomplish. Mr. Bj0rklund clarified that the council would see <br />the next five steps as a single action. Those steps involved the evaluation and analysis process. <br />The council would review the inventory with recommendations for each site, suggested protection <br />measures for each site, and proposed new regulations if staff determined those were needed. <br />Assuming the City could use existing regulations and did not need to do code amendments, Mr. <br />Bj0rklund estimated that the work could be done in a year. He attributed the length of the process <br />to this point to the fact that previously, all three jurisdictions had to reach agreement on the <br />various subtasks. Now Eugene was proceeding on its own and did not have to negotiate with the <br />other jurisdictions for identical provisions. <br /> <br />Ms. Bettman asked how the council could determine whether changes to the code would be <br />needed if that could be done before the public hearing. Mr. Bj0rklund said that without knowing <br />the nature of the resources to be protected and their location, it was impossible to say whether <br />existing regulations would address them. While provisions such as the City's waterside setbacks <br />could be adequate for most waterways, without knowing more about specific sites he could not <br />say with certainty that any of the sites to be protected could be protected using existing <br />regulations. <br /> <br />Ms. Bettman said that there was public testimony commenting on steps 2-5, specific to the impact <br />on specific properties. She questioned whether that testimony was relevant to the council's <br />decision at this stage of the process. Mr. Bj0rklund said it was relevant to the question of whether <br />a property was removed from the inventory. If a property was removed, it was no longer being <br />considered for protection through the Goal 5 process. He said that the decision before the council <br />now was not whether to protect properties, but whether to study them further. <br /> <br />Mr. Meisner asked what had been spent to this point on the study and the source of funding and <br />staffing. Mr. Bj0rklund indicated that he did not know the total cost of the study. Mr. Meisner <br />wanted that information, from the beginning of the process (1992) to this point. He asked how <br />Eugene compared to what other jurisdictions in the state were doing. He asked if the Eugene- <br /> <br /> MINUTES--Eugene City Council May 28, 2003 Page 2 <br /> Work Session <br /> <br /> <br />