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HomeMy WebLinkAboutItem 6 - Ratif.IGR Comm.ActionsEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: Ratification of Intergovernmental Relations Committee Actions of January 4, January 25, and February 1, 2005 Meeting Date: February 14, 2005 Agenda Item Number: 6 Department: City Manager's Office Staff Contact: Lisa Klemp www. cl. eugene, or. us Contact Telephone Number: 682-5619 ISSUE STATEMENT This is an action item to ratify the recommendations of the Intergovernmental Relations (IGR) Committee. BACKGROUND Council Action History_ As a matter of procedure, the City Council is routinely asked to ratify the actions taken by the Intergovernmental Relations (IGR) Committee. This is done by submitting the minutes of each committee to the council. Actions on which the committee is not unanimous are brought before the full council for consideration. There were no actions at the January 4, and January 25, 2005, meeting on which the committee was not unanimous. There were three actions at the February 1, 2005, meeting on which the committee was not unanimous. Those actions involved Senate Bill 0071, House Bill 2165, and House Bill 2350. RELATED CITY POLICIES Ratification of IGR Committee actions is the making or affirming of the City of Eugene's policy with respect to Federal and State legislative issues or such other matters as may come to the council from the committee. COUNCIL OPTIONS The council may ratify or decline to ratify the IGR Committee's actions as set forth in the minutes of the committee's meeting. STAFF RECOMMENDATION Staff recommends ratification of the IGR Committee's actions as set forth in the minutes of the committee's meeting. L:\CMO\2005 Council Agendas\M050214\S0502146.doc SUGGESTED MOTION Move to ratify the actions of the Intergovernmental Relations Committee as set forth in the minutes of the committee's January 4, January 25, and February 1, 2005, meetings. ATTACHMENTS A. IGR Committee Minutes of January 4, 2005 B. IGR Committee Minutes of January 25, 2005. (These minutes will be sent via courier Friday, February 11, 2005.) C. IGR Committee Minutes of February 1, 2005. (These minutes will be sent via courier Friday, February 11, 2005.) D. IGR Bill Approval Matrix FOR MORE INFORMATION Staff Contact: Lisa Klemp Telephone: 682-5619 Staff E-Mail: Lisa. T.Klemp~ci.eugene.or.us L:\CMO\2005 Council Agendas\M050214\S0502146.doc MINUTES Council Committee on Intergovernmental Relations McNutt Room--Eugene City Hall January 4, 2004 Noon PRESENT: Gary Pap~, Betty Taylor, Bonny Bettman, members; Jason Heuser, Mary Walston, Kelly Brooks, Lisa Klemp, City Manager's Office; Eric Jones, Public Works Department. 1. Call to Order and Review Agenda Mr. Heuser called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. 2. Elect Chair Ms. Bettman, seconded by Ms. Taylor, moved to elect Mr. Pap~ as chair of the committee. The motion passed unanimously, 3:0. 3. Approval of Minutes Mr. Pap~, the sole continuing member of the committee, indicated he had no objection to the minutes. The committee directed staff to provide copies of the final minutes of November 10, 2004, to former members David Kelly and Scott Meisner as a courtesy. 4. Set Regular Time and Meeting Date The committee established regular weekly meeting dates commencing at 9 a.m. on Tuesday, January 25. 5. Determine Contact Information for Councilors Mr. Heuser indicated he would provide all contact numbers to the council and asked the council to provide him with contact numbers. Mr. Heuser said that Ms. Klemp would be based in Eugene during the session, except for the last three weeks when she would be in Salem to track last-minute notice of hearings. He said he would also provide the committee members with a map showing the location of parking at the State Capitol in Salem, general directions to State buildings, and the location of the train station. Mr. Heuser said he would notify the committee when City Hall Day occurred. MINUTES--Council Committee on Intergovernmental Relations January 4, 2005 Page 1 Responding to a question from Ms. Bettman, Mr. Heuser said a local reception for the Lane County delegation had been scheduled, but the League of Oregon Cities scheduled an event that conflicted with the reception, so it was subsequently canceled. Mr. Heuser encouraged committee members to consider the issues of interest to them that they might want to testify about or meet legislators to discuss. He asked members to e-mail him those issues and the names of legislators with whom they were personally acquainted. Mr. Heuser emphasized the importance of peer-to- peer contact between elected officials when lobbying the legislature, as it was more effective than staff contacting legislators. Mr. Pap~ encouraged members to acquaint themselves with the staff of local delegation members. 6. Salem Report Mr. Heuser characterized the passage of Ballot Measure 37 as the "big elephant" in the upcoming legislative session. It was a "must confront" issue, and perhaps the only one the legislature faced. He said that the exercise of implementing the measure would be tricky and difficult given public support and the need to meet the intent of the voters. Mr. Heuser said the measure was ambiguous and silent on many issues, which the legislature would need to clarify. He noted that a committee had been formed following the passage of Ballot Measure 7 to discuss the issues, so the legislature would have someplace to start. He noted that Governor Ted Kulongoski had suggested the State needed to find a way to enforce land use regulations, which implied the governor would propose no other changes. Responding to a question from Ms. Bettman, Mr. Heuser said the legislature may decide not to address some of the issues raised by the passage of the ballot measure because ultimately the courts would settle many of them. However, there was nothing to prevent the legislature from clarifying the ambiguous provisions of the measure, and he did not think it would be a bad idea for the legislature to do so. Ms. Bettman asked what the committee's role was given the fact the City's legal counsel was so involved in the implementation of the measure. She suggested the committee could contact Lane County legislators and encourage them to sponsor a solution. Mr. Heuser reported that City Attorney Glenn Klein was discussing that issue with Representative Robert Ackerman. He had solicited Representative Ackerman's staff for time to discuss the measure and some peripheral Goal 5 issues. He anticipated that Mr. Klein would be called upon by the legislature for his expertise over the course of the session. Ms. Bettman said that the problem with having an out-of-house attorney was that Mr. Klein was an expert on the measure but he did not necessarily represent the City's position when he discussed the measure. The City Council had not taken a position except through the ordinance implementing the measure locally. Mr. Heuser concurred. He said he was responsible for stating the City's lobbying positions. Mr. Klein would be called upon by the legislature for technical expertise, and only Mr. Klein could speak to his role. He anticipated that he would check in weekly with the committee to discuss adjustments to the measure and seek committee guidance. Mr. Pap~ suggested that rather than approach the legislature with proposed solutions, the committee wait for input from Mr. Heuser and then be proactive. MINUTES--Council Committee on Intergovernmental Relations January 4, 2005 Page 2 Mr. Heuser anticipated that the legislature would work first on what he characterized as "low hanging fruit" related to the ballot measure. He believed a repeal of local real estate transfer taxes would then be considered by the legislature both to support the cost of processing claims and to pay compensation in some cases. Ms. Taylor believed that the committee needed to talk to Mr. Klein. Ms. Bettman requested that staff solicit a memorandum from Mr. Klein regarding his role in the legislative session, how that interfaced with his role as the City Attorney, and if he recommended the City take a stand on a possible solution to the issues related to the measure. Mr. Heuser emphasized that Mr. Klein's role was informational, and he had no role as a lobbyist. Mr. Pap6 questioned whether the legislature would actually do anything in regard to Ballot Measure 37. Mr. Heuser said he would know more before the committee's next meeting after he had discussed the issue with some of the State legislators from rural areas. Ms. Bettman asked if the League of Oregon Cities intended to address any of the issues related to Ballot Measure 37. Mr. Heuser said that the City of Portland had some interest in specific remedies, and he believed Eugene's interests had more in common with the interests of Portland than those of the league. Ms. Bettman agreed. Mr. Heuser anticipated a short legislative session because the last one had been so contentious and had taken so long to complete. Legislators had no stomach for another such session. However, Mr. Heuser thought the City had an opportunity to work with the legislative leadership to pass some bills important to Eugene. He said that the Republican leadership had indicated no support for new revenues and it was likely the party would use any Democratic proposal for new revenues as a campaign issue against Democratic candidates in vulnerable districts. The governor was making it easy for the Republicans to execute that plan because his budget included no new revenues outside lottery revenues and he had spoken of the need for the State to live within its means. 7. Expectations oflGR Team and Coordinators In regard to the information provided to the committee, Ms. Bettman said that she would appreciate knowing the reasons legislators were for or against a bill. Ms. Taylor indicated bigger print information would be nice. Mr. Pap6 overviewed the process used by the committee to evaluate the priorities assigned by staff to the various bills introduced in the legislature. Mr. Heuser emphasized that the staff recommendation was only that, and he encouraged committee feedback on staff positions. Ms. Taylor encouraged staff to attempt to reduce the number of bills the committee was required to review, noting that in many cases bills did not fit with City Council policies and the council had no basis for its positions. Mr. Pap~ assured her that the committee had frequently eliminated bills from consideration MINUTES--Council Committee on Intergovernmental Relations January 4, 2005 Page 3 because the City had no policy to govern members. Mr. Heuser said that legislators were introducing more bills than ever before. Often the bills that were introduced were very similar, but each sponsoring legislator felt an obligation to be responsive to the constituents they represented. The City took positions on all those bills because one might pass. Mr. Heuser noted that generally the committee members identified bills they had questions about at the beginning of each meeting and allowed staff not needed to respond to questions to leave. Mr. Heuser anticipated the City's Legislative Document would be available within two weeks, and noted that the change requested by Ms. Bettman had been made. The meeting adjourned at 1:05 p.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations January 4, 2005 Page 4 MINUTES Eugene City Council Committee on Intergovernmental Relations Bascom Room - Eugene Public Library January25,2005 9 a.m. PRESENT: Gary Pap6, Bonnie Bettman, Betty Taylor, Members; Lisa Klemp, Jason Heuser, Mary Walston, City Manager's Office. I. CALL TO ORDER AND REVIEW AGENDA Councilor Pap6 called the meeting to order at 9 am. Councilor Pap6 asked if there were any items that members wanted to hold. Councilor Bettman asked that the general housekeeping bills be more thoroughly explained. She also asked for more information on Senate Bill 0177. Glenn Potter said Senate Bill 0177 said the bill covered the issue of fire fighters acting under the command of another jurisdiction and making it clear that they were not under their own liability and were agents of a public body for purposes of TORT action. Mr. Heuser said the City was neutral on the bill because it had no affect on the City. He said the neutral position, rather than no position, would allow him to track the bill during the legislative session. Councilor Bettman asked about the bill proposing elections, rather than appointments, of the Lane Transit District Board. Mr. Heuser said he had heard nothing about the bill yet but said he would flag the item and bring any information he found as soon as he received it. Councilor Bettman requested information on a possible bill regarding the City of Coburg's $300,000 study on the feasibility of a power plant and waste water facility. Mr. Heuser said he had not heard anything about the bill but noted that there had been a similar bill sponsored in 2003 that had not gone anywhere. Councilor Pap6 said that was approximately the fourth study that Coburg had done on the matter. Councilor Bettman said this was a bill mentioned by Zach Vishnoff at another meeting Mr. Heuser said he would make an inquiry on the matter that day. Councilor Pap6 suggested contacting the Mayor of Coburg. In response to a question from Councilor Bettman regarding whether anyone was sponsoring bills related to Measure 37, Mr. Heuser said he had heard the Senate Land Use Committee would draft any proposed changes for Measure 37. He said he had sat through six hours of testimony on the matter when the Senate was taking testimony from citizens on the matter and added that there had been a series of stake holder forums regarding the measure. He said the matter was a personal one for Senator Ringo since he came from a high growth area of Oregon and said that committee was charged with tracking the original legislative proposal. In response to a question from Councilor Bettman regarding who had spoken for Eugene at the forums, Mr. Heuser said the League of Oregon Cities had testified for all Oregon cities and added that the testimony had been by invitation only. II. REVIEW PENDING LEGISLATION Councilor Pap~ said he wished to see priority 1 bills listed first on the agenda. Mr. Heuser said there had been no priority one bills yet as the legislature was still getting started in its session. He noted that there was a bill coming out the following day that was sponsored by the Oregon Restaurant Association that would preempt industry specific sales taxes. He said the bill might have implications that were far reaching for telecommunications franchise fees and excise taxes. Councilor Pap~ said he had heard that an ~alcohol fee" was being proposed. Mr. Heuser said Oregon had the lowest alcohol tax in the lower 48 states. He said with the proposed ~nickel per drink' fee Oregon would be 43rd in ranking. Mr. Heuser said Senator Morrisette was writing a bill that would lower the commission rate for video poker retailers. He said there had been no discussion to date on where the extra funding would be used but surmised that it would be used for education or social services. He said retailers could still make a profit with a commission rate of 15 percent and said Oregon's commission rate would still be making approximately 29 percent. III. SALEM REPORT Mr. Heuser said there had been discussions of gaining new revenue. He cited video poker and alcohol fees as examples of new revenue options. He said the governor's office was in favor of passing a budget with existing revenues and resources. He said this did not mean that the Senate could not find new revenues but stressed that Senator Courtney seemed to prefer a short session that echoed the governor's message about using existing resources. MINUTES--Eugene City Council January 25, 2005 Page 2 Committee on Intergovernmental Relations Mr. Heuser said the Governor was proposing a ~connect Oregon' package that would give $100 million in funding for passenger rail. He said this could help fund railroad sidings in the Willamette Valley. He said the current situation was that freight and passenger rail shared the same lines. In response to a question from Councilor Papd regarding when the City legislative day would be, Mr. Heuser said it would be February 23, 2005. He said he would confirm that date with Mary Walston by the end of the day. He said he would make as many appointments with legislators as needed. In response to a question from Councilor Bettman regarding Floyd Prozanski's Traffic Bill, Mr. Heuser said it had been introduced but had not been referred to committee. He said the bill was a statewide attempt to deal with changing the policies of Oregon cities that were making themselves problem spots for speed traps. He said he was trying to get cities to exert ~peer pressure" on the few cities that were depending on speeding tickets for needed revenue. He said an alternative might be a way to limit state funding if cities got more than a specific percentage of their revenue from speeding tickets. He said he would bring more information at the next meeting. He noted that there would be a significant financial impact on the City of Eugene if the bill were passed. He reiterated that Senator Prozanski was concerned over the level of use of traffic tickets to fund city government in some areas of the State. In response to a question from Councilor Papd regarding whether as many bills were predicted as there were in the last legislative session, Mr. Heuser noted that freshman senators in a new legislature always introduced more bills to show that they had listened to their constituents. He added that, so far, the House had not pushed any kind of a social agenda. IV. UNITED FRONT PROPOSALS · Eugene Depot Mr. Heuser said the $300 million dollar appropriations bill had not been approved by Congress. He said this was why there had been no action on the bill. He said the project list had been kept the same so Congressman DeFazio did not have a moving target while trying to get funding for local Transportation related projects. In response to a question from Councilor Papd regarding the Eugene Depot and whether the project needed to be re-evaluated, Mr. Heuser said staff had tried to limit the project to general improvements, for the time being, while letting the legislature know that the master plan was still on the long term horizon. Councilor Papd said the Oak Street Extension issue would almost certainly result in litigation. He questioned whether it would be worth the time to litigate and suggested a council work session on the matter. Mr. Heuser said he would ask Russ Mecredy to draft a memo for the council. MINUTES--Eugene City Council January 25, 2005 Page 3 Committee on Intergovernmental Relations In response to a question from Councilor Bettman regarding whether negotiations were still going on, Mark Schoening said there were no ongoing negotiations for the Oak Street Extension because the funding had been reallocated to courthouse district improvements. Councilor Pap6 reiterated his desire to revisit the issue. In response to a question from Councilor Bettman regarding whether the lack of a decision on the matter would have a domino effect on some of the other infrastructure projects, Chris Henry said additional property acquisitions would not go forward at the current time. Mr. Jones said it would be imprudent to make a significant public investment until a specific decision on traffic circulation issues was made. · Great Street River Trail Connection In response to a question from Councilor Bettman regarding the Great Street River Trail Connection, Mark Schoening said this was a new project that would replace the existing asphalt path that crossed the EWEB property and replace it with a path that was removed from the riparian area of the river. Councilor Bettman suggested having a small work session on the item to gage public support. Mr. Schoening noted that the plan is to reconstruct the existing bike path and bring it up to current engineering and riparian standards. He said the path would provide a connection between the Patterson underpass and the Riverfront trail system. He said there were several aspects of the project that would need public input. Councilor Bettman reiterated her desire to see the matter as an informational item at a council work session so the public would have an opportunity to have its questions answered. She noted that there were emerging issues for the planned project and said it was a good business practice to, at least, have the support of the council in a setting that was open to the public. In response to a question from Councilor Bettman regarding the distance of the proposed setback from the River, Mr. Schoening said it would depend on the planning process of McKenzie Willamette for relocating to that location. Ms. Bettman said she supported as large a setback as possible. In response to a question from Councilor Taylor regarding what would happen if EWEB decided not to sell the property, Mr. Schoening said it would still be a beneficial project to set back the path from the riparian area of the river. In response to a question from Councilor Pap~ regarding how soon the grant funding for the project needed to be spent, Mr. Schoening said the funding needed to be used in the six year time frame outlined by the project. MINUTES--Eugene City Council January 25, 2005 Page 4 Committee on Intergovernmental Relations · Rivers to Ridges Bicycle and Pedestrian Paths: Delta Ponds Path In response to a question from Councilor Bettman regarding whether the bike path projects had a public input process, Mr. Heuser said the projects were part of TransPlan and had gone through that public process. · Rivers to Ridges Bicycle and Pedestrian Paths: South Park Trail Extension In response to a question from Councilor Taylor regarding Rivers to Ridges and whether the headwaters of Amazon Creek would be a natural resource item in the United Front Lobby, Scott Duckett said he had not heard it discussed as a natural resource item for United Front. He said there had been some success in acquiring some property near the ridgeline. He noted that this had been blocked at the State level and remarked that staff was working on that program in Salem in the current year. He said land acquisition was not viewed favorably in Washington D.C. at the current time and said efforts were being focused on the final remaining parcel for the West Eugene Wetlands. He said even that request was being met with resistance at the national level. He said the Oregon Watershed enhancement Board had a land acquisition program and said the best chance for land acquisition in the next few years would be through grant funding. He said there had recently been a small grant awarded to acquire the Green property and said the grant funding was to be returned because the price had been raised and the grant funding was parcel specific. In response to a question from Councilor Papd regarding why the grant funds were parcel specific, Mr. Duckett said it was the way that the grant was set up. He said a state committee had reviewed all of the the grant proposals which had to be parcel specific with a high likelihood that the local government could complete the proposed transaction. He explained that the owner of the property had demanded a price significantly above the appraised value. He said the funding had not yet been returned but noted that a letter had been sent to say that it would not be used for that specific parcel. He said there was a request to redirect the funds to another parcel but noted that he had not yet heard an answer. In response to a question from Councilor Papd regarding which parcel was the highest priority between the Beverly, Green and McDougal properties, Mr. Duckett said he wanted to see all of the properties acquired but said that all of the properties mentioned had potential for being top priority. In response to a question from Councilor Taylor regarding whether the funding available could still be used if the City was willing to use condemnation procedures, Mr. Duckett said the money would have to be spent by June 30, of the current year. He reiterated that Johnny Medlin had sent a letter back to the grant committee saying that the transaction was not going to be made. · Water Resources Projects · West Eugene Wetland Education Center · Southern Willamette Rivers and Ridges National Heritage Area Study In response to a question from Councilor Papd regarding funding for a study for the onramps on Interstate Five, Mr. Heuser said Oregon Department of Transportation had announced that that study would be included in its administrative plans. MINUTES--Eugene City Council January 25, 2005 Page 5 Committee on Intergovernmental Relations Councilor Papd reiterated that federal funding would be needed to pay for highway projects and it was not too early to start lobbying for funding. Mr. Heuser said it would be premature to look for construction funding at the current time. He said United Front funding was used for projects that were ready to proceed. In response to a question from Councilor Papd regarding the Delta Ponds project, Mr. Heuser said there was a new highway bill in the works on the Federal level. He said Congressman DeFazio was poised to make the project happen as soon as possible. Councilor Bettman said she was unenthusiastic about the wetlands education center. She questioned whether it was more important that other projects that had not made the list. In response to a question from Councilor Bettman regarding the process for getting projects on the United Front priority list, Mr. Heuser said the process involved finding available federal funds and trends in the national budget priorities. He said projects were chosen from a list of candidates. Councilor Bettman asked for an informal list of projects that had been proposed for United Front lobbying. In response to a question from Councilor Taylor regarding who determined which projects would make the list, Mr. Heuser said himself and public works staff, and planning staff, worked with Smith Dawsen & Andrews to make a list of likely projects. Councilor Bettman reiterated her desire to see projects that had not made the list. Mr. Heuser said the only project he was aware of that had been eliminated was a west bank bike path. Mr. Schoening said transportation projects on the list were dictated by TransPlan. He said river bank bike paths had an appeal to legislators. He said other projects that did not make the list did not have that high visibility. Councilor Bettman said she was unsure of how the differing types of projects should be allocated on the list. She reiterated her desire to see all of the considered projects in full context. Mr. Heuser said he would look at the process and make the desired changes. In response to a question from Councilor Bettman regarding Southern Willamette Rivers and Ridges National Heritage Area Study, Councilor Pap~ said it was a pot of funding intended for historic roadways and for park infrastructure such as signage and trail systems. He remarked that the funding would go elsewhere if it were not used locally. Mr. Heuser added that the funding would also help tourism in that people traveling to the area would stay to enjoy the local trails and natural areas. There were no objections to the recommendations made by staff, and by general consent, the recommendations were approved without a vote. MINUTES--Eugene City Council January 25, 2005 Page 6 Committee on Intergovernmental Relations (Recorded by Joe Sams) C: IUserlcclGRO30 212. wpd MINUTES--Eugene City Council January 25, 2005 Page 7 Committee on Intergovernmental Relations NAME OF MEETING: Council Committee on Intergovernmental Relations DATE OF MEETING: February 1, 2005 TO: Lisa Klemp RECORDED BY: Kimberly Young MINUTES FILE NAME: M:\2004\Central Services Department\CCIGR\ccirg050104.doc BACKUP STORAGE: KYOct2004 ROUTING INFORMATION 2/4 ky Draft to Staff (Date & Initials) Reviewed/Returned by Staff Returned to Minutes Recording Proofed/Revised by Minutes Recording Returned to Staff Council Amendments Incorporated MINUTES Council Committee on Intergovernmental Relations Bascom Room--Eugene Public Library February 1, 2005 9 a.m. PRESENT: Gary Pap~, Betty Taylor, Bonny Bettman, members; Jason Heuser, Mary Walston, Lisa Klemp, City Manager's Office. 1. Call to Order and Review Agenda Mr. Pap~ called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. He asked committee members to identify the staff members they had questions for. Ms. Taylor had questions for Mr. Potter and Mr. Duckett. Ms. Bettman had questions for Mr. Schoening, Mr. Jones, and Mr. Hill. Mr. Pap~ had questions for Mr. Cushman about Senate Bill (SB) 335, which allowed school boards to deny access to school facilities to individuals with concealed weapons permits. Ms. Bettman asked why the list of bills the council was to consider did not include legislation related to the use of fluoride in public water systems, House Bill (HB) 2025. Mr. Heuser attributed it to the fact that the Eugene Water & Electric Board was the local water authority. He asked for further direction on how Eugene staff should proceed. Ms. Bettman recalled the 1977 vote forbidding EWEB to add fluoride to the water and suggested that there was a home rule issue involved, and that was sufficient basis for staff to lobby against the bill. Mr. Pap6 requested information on the status of the bill. Mr. Heuser reported that three hearings had been held on the bill, which would require water suppliers serving more than 10,000 to fluoridate the water supply. He said that the issue was very controversial and he did not think the bill would pass in the near- term. If the City opposed the bill, it would be the only municipality to do so. Ms. Taylor agreed the issue was one of home rule, and did not need to involve a debate on the merits of fluoride. Mr. Pap~ agreed that the issue of concern to Eugene was that of preemption of home rule, and asked that the staff return with a recommendation on the bill for the next meeting. Mr. Heuser said he would follow-up. He indicated he would ask members of the committee to be prepared to offer testimony on the bill if it was assigned a status of Priority 1, Oppose. Ms. Bettman also expressed concern regarding HB 2327, which would require the State to assume more of the burden of fighting fires on private forest land. She requested more information regarding the bill. 2. Approval of Minutes Ms. Bettman, seconded by Ms. Taylor, moved to approve the minutes of January 4, 2005. MINUTES--Council Committee on Intergovernmental Relations February 1, 2005 Page 1 The motion passed unanimously, 3:0. 3. Review Pending Legislation The committee reviewed a list of pending legislation. Priority 1 Bills Ms. Bettman inquired as to the status of SB 0295. Mr. Heuser indicated that no action was scheduled. He said that Senator Floyd Prozanski, the sponsor of the bill, was looking for other solutions because he knew the bill in its present state would not pass. Priority 2 Bills Ms. Bettman asked for more information about HB 2164 and HB 2165. Mr. Jones explained that they were bills intended to foster greater public involvement in the State transportation decision making process. The first bill would add two new members to the Oregon Transportation Commission, both of whom must be local elected officials, and the second bill would memorialize the Local Officials Advisory Committee (LOAC) in statute. Ms. Bettman questioned how appointments would be made to the OTC and LOAC, and why staff recommended the City support the bills. Mr. Jones said that the governor appointed members of the OTC, and the OTC would support the LOAC members. Ms. Bettman asked why staff was recommend- ing the City support the bills. Mr. Jones indicated staff's position of support was based on the City's interest in increasing local involvement in transportation decision-making. Mr. Heuser added that the bill was intended to keep the LOAC process funded in tight economic times. Ms. Bettman said she was opposed to both bills because she believed that the outcome would be a politicized process that did not reflect local priorities. She said that based on advice from the City's legal counsel, if a Eugene City Councilor was on the LOAC, that individual would not be obligated to vote for the City's positions. She termed it a "top-down" as opposed to a "bottom up" approach. Mr. Pap6 supported the legislation because it gave local jurisdictions more input into State transportation funding decisions. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of HB 2164 from Sup- port to Oppose. The motion passed, 2:1; Mr. Pap6 voting no. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of HB 2165 from Sup- port to Oppose. Responding to a question from Mr. Pap6 about what approach she would prefer to HB 2165, Ms. Bettman said she would prefer that the region form an Area Commission on Transportation, which she believed would foster broader community participation and resuk in a more fair and balanced allocation of funds. She also objected to the fact LOAC members would be appointed rather than elected. She felt a LOAC would be an additional level of influence that would not be reflective of local priorities. Mr. Heuser said that many people see a LOAC as an innocuous change and the bill had wide support. He MINUTES--Council Committee on INtergovernmental Relations February 1, 2005 Page 2 believed Eugene would be alone in its opposition and that could impact its overall effectiveness in achieving its legislative goals. Mr. Heuser suggested that the City could take a neutral position and submit testimony offering recommendations for changes to the legislation. Responding to a question from Mr. Pap~, Mr. Heuser said he did not know the Lane County delegation's position in regard to the bill. He noted that no public hearing on the bill had been scheduled. Ms. Bettman indicated she would be willing to take a neutral position on HB 2164 but continued to oppose HB 2165. The motion passed, 2:1; Mr. Pap~ voting no. Ms. Bettman, seconded by Ms. Taylor, moved to change the City's position on HB 2164 from Support to Neutral. The motion passed unanimously. The committee discussed SB 0071, which proposed to authorize the issuance of lottery funds for transporta- tion projects. Mr. Pap6 determined from Mr. Heuser that the bill was intended to fund Governor Ted Kulongoski's ;;Connect Oregon" Initiative using revenues from line games. Ms. Bettman objected to the bill, suggesting that such funds were better directed toward education than toward transportation. She said it was difficult to project what Eugene would realize from the bill. She had originally favored the bill, seeing it as a possible source of funds for a downtown trolley, but thought that an unlikely possibility. Ms. Bettman said the legislature had prioritized transportation over the last three sessions, and it was time to prioritize education. She noted that the governor was proposing a reduction in the school year that would equate to several hundred teaching positions. She did not support directing any more money toward the airport or roads. Mr. Heuser suggested it would be better to attempt to improve the bill rather than to oppose it given its momentum. For example, the City could propose to increase passenger rail funding to 25 percent. Ms. Taylor said she would prefer if all or 50 percent of the funding was directed toward passenger rail. Mr. Heuser believed it was unrealistic to expect 50 percent of the funding to go to passenger rail. Ms. Bettman said that supporting the bill would give Eugene no leverage. She opposed the bill unless the funding went to schools. Mr. Jones suggested that the committee could choose to support the bill with amendments. Mr. Hill pointed out that because of the specificity of the relating clause, the bill could not be amended to change the purpose for which the money was spent. He further noted that gas tax moneys could not be spent on multi-modal transportation projects. Ms. Taylor was reluctant to make education further dependent on gambling, but did not object to the use of lottery dollars for transportation projects. Ms. Bettman proposed that the City ask the Lane County delegation to sponsor a bill funding education with the same source of revenue. MINUTES--Council Committee on Intergovernmental Relations February 1, 2005 Page 3 Ms. Taylor, seconded by Mr. Papd, moved to change the status of the bill to Priority 1, Support, with recommendations for increasing the percentage allocated to rail to 25 percent. Mr. Heuser cautioned the committee against pitting school funding against transportation funding. He believed there were other sources of funding the legislature could consider for education, such as the kicker or the repeal of tax credits. Ms. Bettman disagreed that the committee was pitting schools against transportation. She said the legislature had done so by stating it would not raise taxes, but subsequently it did, and spent those moneys on transportation. The governor had made it clear there would be no additional money for schools and then introduced a bill dedicating the only new revenues to transportation. However, the revenue source in question was flexible and could be dedicated to schools. The motion passed, 2:1. Ms. Bettman voting no. Priority 3 Bills Ms. Bettman, seconded by Ms. Taylor, moved to change the status of liB 2048, related to cigarette taxation, from Priority 3 to Priority 1, Support. The motion passed, 3:0. The committee briefly discussed HB 2123, related to water appropriation transfers. Mr. Jones acknowl- edged that the bill had little relationship to the City's operations. The committee requested further staff analysis of the impact of the bill. Ms. Bettman was particularly interested in the potential impact of the bill on the JH Baxter facility and proposed Coburg power plant. She also questioned why the bill included an emergency clause. Ms. Taylor asked for information about staff's recommendation regarding HB 2190. Mr. Potter explained that the bill provided staff with more time to review fireworks sales permit applications. However, he acknowledged the bill included no guarantee of additional time. Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Priority 2, Support, with amendments providing for a deadline for application submittal. The motion passed unanimously. Ms. Taylor asked for information about HB 2350, related to payment of minimum living wage for work performed on State contracts. Mr. Hill recommended monitoring the bill. He indicated that the bill would have no impact on the City now, but if it was amended there was potential that it could. He noted that the bill was sponsored by the governor. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of liB 2350 to Priority 2, Support. Mr. Papd expressed concern about taking a position on a State issue. Ms. Bettman suggested that bill come back to the committee if it was amended. The motion passed, 2:1; Mr. Pap~ voting no. Ms. Taylor questioned why staff recommended opposition to SB 0150, which required those entering into a MINUTES--Council Committee on INtergovernmental Relations February 1, 2005 Page 4 contract above a certain amount with the State unless they were an approved apprenticeship training agent. Mr. Jones said that it represented an unfunded mandate from the State and Lane County was not lacking in apprenticeship opportunities. Ms. Bettman asked that SB 0295 be pulled for consideration at the next meeting. Ms. Bettman, seconded by Ms. Taylor, moved to approve the legislative priority recom- mendations as amended. The motion passed, 3:0. 4. Salem Report This item was not addressed. 5. Other Legislative Concerns This item was not addressed. 6. United Front Proposals Mr. Heuser called the committee's attention to the materials provided in the meeting packet in response to members' questions. He recommended approval of the United Front lobbying list. Ms. Bettman questioned if the fiscally constrained transportation project list provided to the committee represented the universe of projects from which projects were selected. Mr. Schoening said yes. Ms. Bettman asked what process was in place to allow the committee to provide input into the list. Mr. Heuser said that the staff usually began brainstorming ideas in the fall. He said he would be happy to work with members on a new review process, and indicated he would schedule a committee meeting in the fall for further discussion. Ms. Bettman, seconded by Ms. Taylor, moved to adopt the United Front list. The motion passed unanimously. Mr. Heuser left the meeting. Ms. Taylor asked for more information about the Natural Heritage Program. Mr. Duckett indicated it represented a funding opportunity that matched local natural resource planning priorities. Ms. Taylor asked why the list included no land acquisition funding for Eugene. Mr. Duckett said that the City's last request for Land and Water Conservation Fund moneys to complete acquisition for the West Eugene Wetlands Program had not been well-received because of the parkway issue and the fact the Bush Administration was opposed to further federal land acquisitions. He said that with the assistance of The Nature Conservancy, the City had finally acquired the last parcel. This year the list was focused on allowing Springfield to move forward with its acquisition priorities. Ms. Taylor expressed concern that the City lacked funds to purchase the Amazon headwaters area. Mr. Duckett indicated that staff hoped to expand the partnership model established with The Nature Conservancy, and suggested the Natural Heritage Program might be another MINUTES--Council Committee on INtergovernmental Relations February 1, 2005 Page 5 source of funds for property acquisition. The committee tentatively rescheduled its meeting date to Friday. The next meeting was scheduled for February 11 at 9:00 a.m. The meeting adjourned at 10:45 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations February 1, 2005 Page 6 2005 Legislative Session IGR Committee Bill Approval February 14, 2005 Bill# Pri # Recommendation Title Committee HB 2033 3 Support Clarifies provisions regarding public funds, pool managers, depository banks and custodian banks. 1/25 Restores cigarette tax dedicated to Oregon Health Plan. Extends indefinitely period in which tax is imposed. Applies to cigarettes distributed in calendar quarters beginning on or after effective date of HB 2048 1 Support Act. Takes effect on 91st day following adjournment sine die. 2/01 Provides that licenses issued by Oregon Liquor Control Commission are valid for two years instead of one year. Establishes nonrefundable initial application fee of $400 for processing initial application for license issued by commission. Allows commission to waive initial application fee based on criteria established by commission rule. Allows commission to issue temporary letter of HB 2056 3 Oppose authority for period not to exceed 180 days to any license applicant. 1/25 Allows Department of Transportation to establish, or delegate authority to establish, designated HB 2116 3 Support speed on highways by process established by rule. Declares emergency, effective on passage. 2/01 Directs Water Resources Commission to adopt rules for modifying certificates of registration of rights to appropriate ground water. Directs commission to adopt fees. Repeals sunset of consent to ~njury provisions relating to water uses subject to transfer. Declares emergency, effective on HB 2123 3 Neutral passage. 2/01 Authorizes State Department of Agriculture to develop and administer program to educate urban residents regarding noncommercial pesticide use. Authorizes department to coordinate pesticide program information gathering and utilization. Changes implementation and sunset dates for HB 2152 2 Support statewide pesticide use reporting system. 2/01 Adds two members to Oregon Transportation Commission. Requires two members to be elected HB 2164 2 Neutral local officials at time of appointment. 2/01 Creates Local Officials Advisory Committee to advise Oregon Transportation Commission and HB 2165 2 Oppose Department of Transportation. 2/01 Changes statutory deadline to submit application for retail fireworks sales permit. Replaces list of unregulated items with reference to items identified by rule. Deletes certain definitions identifying HB 2190 2 Supp w/Am characteristics of fireworks. Allows certain fireworks definitions to be supplemented by rule. 2/01 Requires that telecommunications service provider provide written contract to customer after providing new services or changing services provided to customer. Requires telecommunications service provider to allow new customer to cancel contract within 30 days after activation of service. Requires telecommunications service provider to allow current customer to cancel contract, or elect different services, if services provided to customer are changed. Provides that violation of HB 2218 2 Support requirements is unlawful trade practice. 1/25 2005 Legislative Session IGR Committee Bill Approval February 14, 2005 Modifies procedure for awarding public contract for procurement of goods or services not HB 2259 2 Support exceeding $5,000. Declares emergency, effective March 1, 2005. 1/25 Reduces rate of tax on capital gains of personal income and corporate income and excise taxpayers. Phases in reduction. Applies to tax years beginning on or after January 1, 2006, for HB 2332 2 Oppose personal income taxpayers and January 1, 2008, for corporate income and excise taxpayers. 2/01 Modifies provisions relating to setting aside record of conviction. Increases fee for setting aside HB 2337 3 Oppose record of conviction. Specifies uses for which increased fee may be used. 1/25 Requires public contracts awarded by state contracting agencies to contain condition requiring contractors to ensure nonsupervisory employees receive no less than minimum living wage. Requires Oregon Department of Administrative Services to make annual adjustments to minimum living wage. Provides exception for public contracts that require payment of prevailing wage rates or HB 2350 2 Support when project is regulated under Davis-Bacon Act. 2/01 Authorizes combination of three vehicles to be operated on highway under specified HB 2353 3 Monitor circumstances. 2/01 Appropriates moneys from General Fund to State Forestry Department for certain biennial expenses. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, and including certain federal funds, but excluding lottery funds, collected or received by department. Limits biennial expenditures of department from certain federal funds. HB 5030 3 Monitor Authorizes specified nonlimited expenditures. Declares emergency, effective July 1, 2005. 2/01 Extends sunset on law requiring annual report by Public Utility Commission to Governor and Legislative Assembly on various matters relating to telecommunications industry. Declares SB 0013 3 Support emergency, effective on passage. 1/25 Allows moneys generated by universal service surcharge to be used to ensure that broadband services are available at reasonable and affordable rate. Declares emergency, effective on SB 0014 3 Support passage. 1/25 Extends sunset on Oregon Telecommunications Coordinating Council to January 2, 2010. Authorizes payment of expenses of members of council from contributions. Requires reports to SB 0015 3 Support ILegislative Assembly. Declares emergency, effective on passage. 1/25 Requires that Public Utility Commission administer laws relating to telecommunications in manner SB 0016 3 Support that is consistent with goal of promoting access to broadband services. 1/25 Creates Task Force on Telecommunications Law Revision. Declares emergency, effective on SB 0017 3 Monitor passage. 1/25 Makes numerous technical changes to procedures for issuing, selling and maintaining bonds SB 0023 3 Support issued by public issuers. 1/25 2005 Legislative Session IGR Committee Bill Approval February 14, 2005 Authorizes Attorney General to represent public officer or body as lead plaintiff in certain class SB 0026 3 Support action proceedings. 1/25 Allows estimate of financial effect of state measure on state or local governments printed in voters pamphlet and on ballot to include estimate of financial effect on state and local governments if measure is not enacted. Requires estimate of financial effect of enacting state measure to specify amount of financial effect, that measure has financial effect of less than $100,000 or that measure SB 0027 3 Neutral has no financial effect. 1/25 Allows Department of Environmental Quality to issue individual, general or watershed water ~ollution discharge permits. Allows department to issue permits by order. Allows department to use fees from water pollution discharge permits to administer any water pollution control program. Directs department to report annually to Environmental Quality Commission and legislature on administration of watershed approach to permits. Allows commission to increase fees for certain SB 0045 2 Support permits based on anticipated cost of program. 1/25 Authorizes issuance of lottery bonds for transportation projects. Specifies uses of moneys. Sunsets SB 0071 2 Supp w/Am January 2, 2008. Declares emergency, effective July 1, 2005. 2/01 Modifies laws requiring electric utilities to allow net metering for customers that have facilities for generation of electricity. Allows those customers to use biomass generation in addition to solar power, wind power, fuel cells and hydroelectric power. Allows Public Utility Commission to extend requirements of net metering law to customer-generator with generating capacity of more than 25 SB 0084 3 Support kilowatts if customer-generator is customer of public utility. 2/01 Authorizes Director of Department of Consumer and Business Services to provide assistance SB 0119 3 Support directly to certain injured workers through Reemployment Assistance Program. 1/25 Specifies certain genera of primarily herbivorous piranha that are permitted to be possessed SB 0125 3 Oppose .without permit. 2/01 Increases period in which retaliation complaint may be filed under occupational safety laws from 30 days to 90 days after employee has reasonable cause to believe unlawful employment practice has SB 0147 3 Neutral occurred. Declares emergency, effective on passage. 1/25 Prohibits employers from entering into public works contracts for which contract price exceeds $250,000 unless employer is approved apprenticeship training agent. Requires specifications and contracts for public works for which contract price exceeds $250,000 to require contractors to be SB 0150 3 Oppose approved training agents. 2/01 Specifies that employees of forest protective associations or persons acting as agents of forest ~rotective associations, when fighting fires at direction of forester, are agents of public body for SB 0177 3 Neutral purposes of tort actions. 1/25 2005 Legislative Session IGR Committee Bill Approval February 14, 2005 Makes pesticide use reporting system permanent. Increases registration fee for pesticides. Requires State Department of Agriculture to expend portion of registration fees for purposes of ~mplementing, administering and enforcing pesticide use reporting system. Changes date for SB 0290 3 Monitor commencing publication of annual report of pesticide use. 1/25 Allows removal of recyclable material from solid waste disposal receptacles under certain SB 0291 3 Oppose circumstances. 1/25 Requires that Public Utility Commission issue amended certificate of authority to cooperative corporation or unincorporated association providing intrastate telecommunications services upon submission of revised service area map showing additional areas to be served by corporation or SB 0309 3 Oppose association. 1/25 Requires Director of the Department of Consumer and Business Services to adopt rules specifying limitations on travel for workers attending required medical examinations for workers' compensation claims and requiring distribution of educational materials about examination process to workers by insurers and self-insured employers. Requires Board of Medical Examiners to adopt professional and ethical standards and to establish and maintain list of physicians qualified to conduct required medical examinations for workers' compensation claims. Requires board to adopt process for SB 0311 2 Oppose investigation of complaints about required medical examinations. 1/25