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HomeMy WebLinkAboutCC Minutes - 09/10/07 Work Session M I N U T E S Eugene City Council Work Session Council Chamber 777 Pearl Street—Eugene, Oregon September 10, 2007 5:30 p.m. COUNCILORS PRESENT: Andrea Ortiz, Chris Pryor, Betty Taylor, Bonny Bettman, Jennifer Solomon, George Poling, Mike Clark, Alan Zelenka. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. A. COMMITTEE REPORTS AND ITEMS OF INTEREST FROM MAYOR, CITY COUNCIL AND CITY MANAGER Mayor Piercy extended an invitation to the public to participate in a community forum on September 17, 2007, to comment on the recruitment and selection of the new city manager. She said she had attended an event celebrating Eugene's receipt of a Forest Legacy grant that would enable the City to work with a private landowner to preserve over 24 acres of white oak habitat. She commended a successful Eugene Celebration, particularly the Sustainability Village feature. She also attended the kickoff of the 2008 marathon. Mr. Pryor expressed his sympathy to the family of the child killed on Bailey Hill Road last week. He said that a neighborhood meeting was planned to discuss real solutions to the hazards in that area. He said the Human Services Commission continued to work on a sustainable organizational model and he would provide an update when more information was available. He reported that the West Eugene Collaborative subcommittees had been busy and he would report on that effort and how it interfaced with the City and Lane Transit District later in the month. He also commended the Eugene Celebration. Mr. Zelenka stated that the West Broadway Advisory Committee had finished its work and the report could be found on the City's website. He thanked committee members for their efforts. He noted there would be more opportunities for public input on the redevelopment of West Broadway. Mr. Clark attended the graduation for Fire and EMS #9 and was proud to be a witness to the ceremony. He thanked and congratulated the members of the West Broadway Advisory Committee. He also enjoyed the Eugene Celebration. Ms. Taylor displayed a newspaper article about State workers now receiving a living wage and looked forward to City workers having a living wage. She stated that some people were bothered by the sound of skateboards late at night and wondered if that was covered by any ordinance. She conveyed a request from a citizen for the total amount of money spent on the West Broadway redevelopment project, including meetings, facilitators, consultants, the advisory committee, and purchase options. She was disappointed when she attended the last meeting of the advisory committee and the five people who signed up to speak were not given three minutes. She felt that was disrespectful and discouraged community involvement. MINUTES—Eugene City Council September 10, 2007 Page 1 Work Session Mr. Poling reported that construction of Willakenzie Park continued. He said a citizen was concerned about the safety of homes in the area whose backyards faced the Eugene Water & Electric Board (EWEB) property and it was promptly addressed by both EWEB and the Oregon Department of Transportation. He said the EmX Steering Committee had appointment members to the Pioneer Parkway corridor subcommittee and the West Eugene corridor subcommittee; membership represented a balance among neighborhood representatives, the Steering Committee, and local governments. He said a survey of ridership before and after EmX service began showed that the typical decline in ridership during summer months was signifi- cantly less on EmX than across the system or on Route 11. He said two community dialogues on the West Eugene corridor were planned in October and December. Ms. Ortiz also enjoyed the Eugene Celebration and said she had spent some time at both the Human Rights Center and the Police Auditor's Office, which was a very welcoming place. She was continuing to work on railroad yard pollution issues and received a letter from Representative Peter DeFazio stating he had contacted the railroad and federal agencies about solvents in the groundwater and was waiting for a response. She said that the problem of trains idling was also being investigated. City Manager pro tem Angel Jones thanked staff and City department for their efforts during a very busy summer. B. WORK SESSION: McKenzie-Willamette Plan Amendments/Zone Change Update Ms. Jones introduced City Attorney Emily Jerome and Senior Planner Alissa Hansen to discuss the process related to the applications submitted by McKenzie-Willamette Hospital. Ms. Hansen said the purpose of the work session was to review procedural issues and respond to any questions to help prepare the council for the public hearing on October 23, 2007. She said that McKenzie- Willamette submitted concurrent land use applications to the City for a Eugene-Springfield Metropolitan Area General Plan (Metro Plan) amendment, a Willakenzie Area Plan amendment and policy addition and a rezone of the property. She said the Planning Commission held a public hearing, deliberated, and forwarded a recommendation to the City Council; that recommendation would be provided to the council prior to the October public hearing. She noted that all of The Register-Guard articles, editorials, and letters to the editor on the subject of McKenzie-Willamette published since the submittal dates of the applications would be added to the record, along with copies of McKenzie-Willamette’s newsletters and emails forwarded to her from the council. She asked that councilors and the mayor continue to forward any emails related to McKenzie-Willamette. Ms. Jerome discussed ex parte contacts and acknowledged the difficulties councilors would encounter trying to avoid those contacts. She asked that councilors commit those contacts to a written list, which would be disclosed during the public hearing and help councilors track contacts. She asked that those lists be provided to her or Ms. Hansen no later that October 15 so they could be included in the agenda item summary (AIS). She asked councilors to track any other contacts between that date and the public hearing in order to disclose them at the hearing. She cautioned that it would become more difficult after the hearing as the opportunity for disclosure had passed and procedures would need to be altered to allow the public to rebut. MINUTES—Eugene City Council September 10, 2007 Page 2 Work Session Mr. Clark asked if Eugene Weekly articles and letters to the editor would be included in the record. Ms. Jerome said if any of the councilors had read Eugene Weekly articles, the substance would need to be in the record. In response to questions from Ms. Ortiz, Ms. Jerome said any councilors having ex parte contacts between October 15 and the public hearing would disclose those contacts at the hearing, in addition to the written disclosures that would be included in the AIS. She said the purpose of disclosure was to provide the public with the substance of those contacts so there was an opportunity to rebut that information. Mr. Zelenka asked if councilors would need to disclose reading Register-Guard or Eugene Weekly articles if they were in the record. He also asked for guidance on which conversations should be disclosed. Ms. Jerome said it was only necessary to indicate that articles had been read; specific articles and dates did not need to be specified as they would all be in the record. She said that conversations with staff were excluded, but all others had to be disclosed along with any site visits. She said if the conversation related to information or opinion, it had to be disclosed, although it was only necessary to relate the substance of the conversation; specific names and dates were not required. She said to err on the side of over-inclusion was preferred as the purpose was to ensure that the public was fully aware of the substance of all relevant communications. Mr. Poling asked about disclosure of television programs or emails to the mayor and council. Ms. Jerome said the substance of any programs a councilor viewed should be disclosed and any emails should be forwarded to her or Ms. Hansen if they were read. Regarding site visits, Mr. Poling said that he drove in the vicinity of Beltline and Delta Highway frequently and it was unavoidable to think of traffic issues, whether related to the hospital or not. He asked if playing golf on the property would be considered a site visit. Ms. Jerome replied that she did not believe driving or playing golf in the area would be a basis for remand if it was not disclosed, but it was preferable to disclose it. Ms. Bettman remarked that not all conversations regarding McKenzie-Willamette were relevant and asked Ms. Jerome to define the discrete topic that constituted ex parte contact and would need to be disclosed. Ms. Jerome said the contact would need to concern the land use applications. In response to a question from Ms. Bettman, Ms. Jerome said just reading the subject line of an email or a newspaper headline would not need to be disclosed. Mr. Pryor asked if every conversation he had with a McKenzie-Willamette employee had to be disclosed or only those that related to the applications. Ms. Jerome replied that only those specific to the land use applications needed to be disclosed. She said that when the council reviewed the Planning Commission’s recommendations and saw the criteria and policies that would apply, that could jog someone’s memory about a conversation they initially thought was not subject to disclosure. Mayor Piercy said that occasionally she had been in situations where she could not avoid hearing a discussion of McKenzie-Willamette. Ms. Jerome said dates and locations were not important; it was the substance of those communications that had to be disclosed so that everyone was on an equal footing with respect the information. MINUTES—Eugene City Council September 10, 2007 Page 3 Work Session Mr. Clark said he had been diligent in trying to avoid ex parte contacts, but asked what he should do if he suddenly remembered a contact he had overlooked in his disclosure. Ms. Jerome said that needed to be disclosed when the information was recollected. She urged councilors to make every effort to disclose all contacts before the public hearing; disclosures after the public opportunity to rebut it had not met the spirit of the law. She also emphasized the need to limit contacts following the hearing and during deliberations. Ms. Bettman asked about disclosure of information that was not about the discrete topic, but might affect decision-making. Ms. Jerome replied that the court might look at that issue, but at this point in the process councilors could not be certain what information might affect decision-making. She advised being as inclusive as possible when making disclosures, but contacts that had no substance were not an issue. In response to a question from Mr. Zelenka, Ms. Jerome said that contacts on or after April 19, 2006, were subject to disclosure and that included any contacts that he or Mr. Clark might have had prior to being on the council. She would assist them in addressing that issue. Ms. Jerome said there were actual and potential conflicts of interest and she was not aware of any circumstances that would create an actual conflict for any member of the council. Regarding potential conflicts, she noted that Mr. Pryor’s wife had been employed by McKenzie-Willamette, but because she no longer was, there did not appear to be any potential or actual conflict of interest. She said there could be allegations that Mr. Pryor might be biased in the matter and asked if he felt he could be fair and impartial. Mr. Pryor stated he believed he could be fair and impartial. Ms. Jerome noted that Ms. Ortiz could have a potential conflict of interest as a current employee of PeaceHealth. She said that information needed to be on the record and asked if Ms. Ortiz felt she might be biased. Ms. Ortiz indicated she felt she could be fair and impartial. Ms. Jerome determined that no councilors felt unable to be fair and impartial. Ms. Solomon noted that she had served on a number of committees related to PeaceHealth and chaired the Children’s Miracle Network Auction. She asked if those posed a conflict of interest. Ms. Jerome said there was no actual conflict as Ms. Solomon was not paid for her efforts and as long as that information was in the record and Ms. Solomon felt she could be fair and impartial, there was no concern. Mr. Poling said he was on the Metropolitan Wastewater Management Commission, which had properties that might be purchased, and asked if that constituted a conflict or bias. Ms. Jerome said that did not need to be declared but she encouraged him to put that information on the record. Mr. Clark stated he had been contacted by people on both sides of the issue and wondered if that could be considered to have created a bias. Ms. Jerome asked if Mr. Clark felt he could be fair and impartial. Mr. Clark stated he could be fair and impartial. Mr. Zelenka asked if conversations among councilors or the fact that someone had been a patient at McKenzie-Willamette had to be disclosed. Ms. Jerome said that conversations did not need to be disclosed MINUTES—Eugene City Council September 10, 2007 Page 4 Work Session unless substantive information not in the record was conveyed. She said that being a patient did not create bias. Ms. Bettman asked for clarification for the distinction between bias and conflict. Ms. Jerome said there were statutes about conflict of interest; bias was the subject of case law and not statutory. Ms. Bettman asked if having worked for one of the facilities 18 years ago was a conflict. Ms. Jerome said she was confident that would not be a conflict or bias, but the information could be included in Ms. Bettman’s written statement. Mayor Piercy stated that on the day McKenzie-Willamette announced its decision to locate on the subject property she attended a press conference and spoke in support of having a hospital in Eugene. Ms. Hansen said the record was voluminous and would be available to the council, along with the Planning Commission’s recommendations and a memorandum from staff, at least three weeks before the public hearing. She said there would be one paper copy in the City Council office and each councilor would have an electronic copy. She said that new evidence and testimony would be received at the hearing and there was likely to be a request to leave the record only; staff would provide options for addressing that request. She asked that staff be informed about any new information the council felt would be helpful so that could be provided while the record was still open. She said the public hearing format would allow the applicant and the organized opposition a block of time for their testimony instead of allocating three minutes for each individual. Mr. Clark asked if it was possible for councilors to have access to any claims of bias that had been made in order to respond. Ms. Jerome said that the claims had been identified in an August 9, 2007, memorandum; but if councilors wanted to see the actual content the record was available for review. C. WORK SESSION: City Manager Recruitment Process Ms. Jones introduced Alana Holmes, Human Resources, to provide an update on the city manager recruitment process. Ms. Holmes said she had discussed the recruitment process timeline with Robert Neher of Bennett Yarger and he provided the following estimated schedule: ? ten working days from completion of input to create a recruitment brochure and open recruitment nationwide ? 30 to 45 days to conduct a national search ? two weeks following close of recruitment to screen applicants and discuss the top candidates with the council ? two additional weeks to schedule interviews with candidates based on council direction ? two weeks to conduct background checks on finalists Mayor Piercy listed meetings related to the recruitment on September 12, 17, 18 and 24. Ms. Ortiz said she would be out of town on September 24, but hoped she could participate by telephone. MINUTES—Eugene City Council September 10, 2007 Page 5 Work Session Ms. Solomon noted that discussion of the city manager recruitment had replaced a scheduled process session. She questioned whether 2.5 hours were required for that discussion. Ms. Holmes replied that Mr. Neher had a number of topics to discuss, including the strategic approach to take on the search, identifica- tion of stakeholders to provide feedback, scope of advertisements, details of the recruitment and interview process, and a refined timeline. Mr. Clark said while he understood the need to expedite the recruitment process, he hoped the process session would be rescheduled as soon as possible. Mayor Piercy said it had been rescheduled for October 31, 2007. Mayor Piercy asked if a date had been set for a community panel. Ms. Holmes said the panel would meet on September 18, but she did not have a specific time yet. Mayor Piercy said the council would need to determine who would be invited to be on the panel. She hoped that would happen quickly so invitations could be issued and schedules arranged for September 18. She said that the list of people developed during the police auditor recruitment process had been provided as a starting point. Ms. Solomon said she favored community input, but was not certain about the need for input at that point in the process. She preferred to have community input on candidates. Mr. Clark was also concerned about becoming mired in details during the preliminary part of the process and preferred to have a community dialogue once candidates had been identified. He expressed some concern about the composition of the list of potential community stakeholders. He hoped that the commu- nity panel would represent a balanced perspective. Ms. Bettman commented that the intent of community involvement at the beginning of the process was to ensure that when candidates were identified, they reflected those qualities the community desired in a city manager. She agreed that the panel should be balanced and said that the qualities listed would be reviewed to identify trends. She said if the council felt that the community forum, along with discussions with City employees would be sufficient to obtain the necessary input, she was agreeable to that approach. Mr. Poling said the subcommittee agreed it was important to have community input on desirable qualities for a city manager to guide the council's decision. He said he felt the last city manager recruitment process that used an internal department panel and a citizen panel was a well-balanced approach. He said it was important to emphasize to panelists that the council was looking for help and guidance, but it was ultimately the council's decision. Ms. Taylor felt that the public forum would be sufficient with the understanding that people were free to contact councilors with their thoughts on the process. Mayor Piercy suggested inviting specific individuals to participate in the forum to assure a broad range of perspectives. Ms. Bettman concurred with Mayor Piercy's suggestion to invite people to participate. She said that could be an effective strategy combined with an aggressive media campaign. She thought the city manager's job duties and qualifications should be updated and suggested making that available for public comment. MINUTES—Eugene City Council September 10, 2007 Page 6 Work Session Mayor Piercy summarized that there would be a community forum, with specific individuals invited to participate, instead of a community panel. She said that councilors could invite anyone they wished and asked that they submit names to be added to the list. She said the forum format would allow each person two or three minutes to speak unless the council wanted a different format. Mr. Poling stated that the subcommittee had begun a list of community interests to be involved, including the Neighborhood Leaders Council, Chamber of Commerce, 4J School District, Friends of Eugene, University of Oregon, Lane Community College and communities of color. Mayor Piercy added that the subcommittee asked Mr. Neher to reach out to the Board of County Commis- sioners and the City of Springfield separately in private conversations. In response to questions from Ms. Bettman, Ms. Holmes summarized that invitations to participate in the forum would be extended, likely by phone, to individuals and organizations on lists from the police auditor recruitment and subcommittee discussions and the media would be used to publicize the forum and opportunity to provide input. She said internal panels would also be part of the input process. Mr. Zelenka suggested adding the University of Oregon to the list of those to be engaged in a private conversation because of the City’s unique and important relationship with the University. Mr. Clark commented that the invitation list should be expanded beyond the list used for the police auditor recruitment. Mr. Poling and Ms. Ortiz explained that the subcommittee had added many organizations and individuals and councilors could also add names to the list. Ms. Holmes reviewed the scheduled activities: ? September 12 – City Council work session with recruiter ? September 17 – Community forum ? September 18 – City Council debriefing with recruiter ? September 24 – City Council work session to discuss details and finalize candidate brochure Mayor Piercy asked staff to inform those invited to the forum that the city manager job description was available for their review. The meeting adjourned at 7 p.m. Respectfully submitted, Angel Jones Interim City Manager (Recorded by Lynn Taylor MINUTES—Eugene City Council September 10, 2007 Page 7 Work Session