CC Minutes - 05/21/12 Public Hearing

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association had hesitated to participate in the subcommittee process because a lack of faith that its perspective would carry any weight with the council or staff. The association was assured by City staff that the council wanted its input. That did not appear to be the case as some councilors appeared to believe they knew better than the subcommittee. Mr. Steffen believed the sunset provision was the only leverage landlords had. He did not think a council discussion was an adequate substitute to protect landlords' interest. He asked that the sunset be retained. John Van Landingham, Ward 7, a member of the HPB subcommittee, supported a four -year sunset as opposed to a mandatory council discussion as a way to build trust with landlords. He had supported a sunset at the subcommittee level for two reasons: 1) the subcommittee recommended some significant changes that would be worthwhile to revisit; and 2) the sunset was important to landlords and its retention would build trust. He recommended that the council not fight over process; the sunset was a process issue while the substance of the matter was the code. Jim Welsh, Eugene Association of Realtors, said his organization favored a fair, equitable code that addressed real problems without overburdening the tenant or landlord. He believed the code addressed a problem that already had a solution provided by State law. He realized there were problem landlords that caused a problem for all, but he did not think that justified the code. He suggested that if the code was justified the program would not be carrying a surplus. He advocated for retention of the sunset. Eric Hall, Ward 7, supported the recommendations of the HPB regarding the Rental Housing Code. He shared a graphic entitled "The Shelter Ladder" that illustrated a range of housing types to demonstrate that the code had hidden effects that could potentially cause some existing housing stock to become illegal and could reduce residents' housing options. Mr. Hall recommended that the code be revised to focus on conflict resolution rather than shelter standards. Mayor Piercy closed the public hearing. She thanked those who offered testimony. She expressed support for the Rental Housing Code. She suggested the lack of complaints demonstrated that the code was working. Mayor Piercy said throughout history, people in position of making policy were asked to trade safety and justice for basic services. She maintained it was the council's job to ensure the most challenged of citizens had the same protections as others. She committed to looking carefully at the issue of the sunset. Councilor Ortiz indicated she was reconsidering her earlier vote of support for eliminating the sunset and asked City Attorney Glenn Klein to prepare a motion reflecting that position. Councilor Poling supported retention of the sunset clause. Speaking to further code revisions proposed by Councilor Zelenka, Councilor Poling said he believed the regulation of energy - efficient appliances was not related to the intent of the Rental Housing Code and observed that there often times when a repair could not logistically be completed within ten days. He called for ordinance language that recognized the latter fact. Councilor Pryor concurred with the remarks of Mr. Van Landingham. He said the HPB had been interested in a compromise resolution. He believed that the Rental Housing Code was needed and emphasized the need for trust between the City and landlords as the basis for a good, enforceable code. He wanted to retain the sunset because it was the result of careful and thoughtful deliberation on the part of the subcommittee, HPB, and staff, and its retention did not compromise the value of the code but would restore trust with the community. MINUTES— Eugene City Council May 21, 2012 Page 3 Regular Meeting