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10. ACTION: RESOLUTION 4613: A RESOLUTION CALLING FOR A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE CHARTER OF 1976 TO AUTHORIZE EWEB TO PROVIDE ADVANCED TELECOMMUNICATIONS CAPABILITY Councilor Lee moved, seconded by Councilor Taylor, to adopt Resolution 4613 Calling a City Election on May 16, 2000, for the purpose of referring to the legal electors of the City of Eugene a measure amending the Eugene Charter of 1976 to authorize EWEB to provide advanced telecommunication capability. Councilor Rayor moved, seconded by Councilor Taylor, to amend the motion with the following: Section 4. The City Manager is directed to work with EWEB to develop a joint resolution for adoption by EWEB and the council by March 15. The joint resolution shall provide that EWEB's telecommunication activities comply with the following: 1) service to every address in the EWEB service area within the city limits; 2) open platform or open access; 3) collaboration with other governmental entities; 4) will not be funded with revenues from the water, electric, or other utilities; 5) use only nonrecourse bonds, which will not be issued without voter approval; and 6) involve a significant public involvement. If a joint resolution is not adopted by March 15, then this resolution is automatically repealed. Responding to a request for clarification from City Attorney Glenn Klein, Councilor Rayor indicated his intent was that the resolution would be binding within the city limits. In explanation of his amendment, Councilor Rayor said that there were many issues with the situation that had not been resolved because of the tight time frame associated with the charter amendment election. The motion would allow time for EWEB and the City to work through and resolve those issues. Since the resolution was a joint resolution, it would be binding until the EWEB commissioners and City Council agreed to change it. Councilor Lee asked about the nature of the United States Court of Appeals' open access issue, raised in testimony, and its applicability to the issue at hand. Mr. Klein said that the case, in his opinion, had nothing to do with the charter amendment as it involved the City of Portland and the actions taken by that city were not similar to those contemplated by Eugene. Councilor Meisner asked Mr. Klein to comment on Section 5 of the amendment, in particular the potential that EWEB would have the right to charge ratepayers for costs not recovered by revenues. Mr. Klein said that if only Section 5 existed, there might be a concern, but Section 4 precluded revenues from the other EWEB utilities from being used. Councilor Kelly requested comments about the proposed amendment from EWEB staff. Randy Berggren, EWEB's General Manager, said staff had a chance to review the amendment proposed and he did not object to it. Roll call vote; the motion to amend carried unanimously, 5:0. MINUTES--Eugene City Council February 28, 2000 Page 16 Regular Meeting