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HomeMy WebLinkAboutItem 2A: Approval of City Council Minutes ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of City Council Minutes Meeting Date: June 12, 2006 Agenda Item Number: 2A Department: City Manager’s Office Staff Contact: Lynda Rose www.eugene-or.gov Contact Telephone Number: 682-5017 ISSUE STATEMENT This is a routine item to approve City Council meeting minutes. SUGGESTED MOTION Move to approve the minutes of the May 8, 2006, Work Session, May 8, 2006, City Council Meeting, May 17, 2006, Work Session, and May 22, 2006, Work Session. ATTACHMENTS A.May 8, 2006, Work Session B.May 8, 2006, City Council Meeting C.May 17, 2006, Work Session D.May 22, 2006, Work Session FOR MORE INFORMATION Staff Contact: Lynda Rose Telephone: 682-5017 Staff E-Mail: lynda.l.rose@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060612\S0606122A.doc NAME OF MEETING: Eugene City Council DATE OF MEETING: May 8, 2006—Work Session TO: Beth Forrest RECORDED BY: Joyce Ogden MINUTES FILE NAME: M:\2006\Central Services Department\City Manager's Office\City Council\cc060508m1.doc BACKUP STORAGE: Joyce C Drive = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 05/16 jo___ Draft to Staff (Date & Initials) __ Reviewed/Returned by Staff __ Returned to Minutes Recording 6/6 ky __ Proofed/Revised by Minutes Recording 6/6 ky Retuned to Staff ______ Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ATTACHMENT A M I N U T E S Eugene City Council Work Session McNutt Room—Eugene City Hall May 8, 2006 5:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Betty Taylor, Gary Papé, Bonny Bettman, George Poling, Chris Pryor. The Honorable Mayor Kitty Piercy called the work session of the Eugene City Council to order A. Committee Reports and Items of Interest from Mayor, City Council and City Manager Mayor Piercy reported that four representatives from Durango, Mexico visited Eugene over the past week to study urban forestry. She displayed a gift received by the City from the Governor of Durango. Mayor Piercy then announced that Saturday, May 13, was Kids Sports Day and onThursday, May 11, from 6 p.m. to 8 p.m. a public forum would be held at the Lane County Fairgrounds (with the Osprey Group in attendance) to discuss the assessment of the West Eugene Parkway. In conclusion, Mayor Piercy stated that due to the full agenda at the regular council meeting at 7:30 p.m., the items pulled from the Consent Calendar would be addressed at the end of that meeting. Ms. Ortiz spoke about the Durango visitors and stressed that the visit was a major step forward for the Mexican environment. She explained that Mexico historically had not devoted significant time to environmental issues and that the Governor of Durango was committed to creating a template to address issues around the environment. Ms. Ortiz thanked staff for the effort it put forth for this visit on such short notice. She then reminded the public to vote on May 16. In conclusion, Ms. Ortiz reported that the Human Services Commission continued to address the Community Health Center and how funds would be utilized wisely to provide services for that facility. Mr. Pryor reported that the Human Services Commission met on April 17 to discuss the budget and receive a presentation from the HIV Alliance on the Needle Exchange Program. He announced that the commission would hold a budget hearing at 5:30 p.m. on May 25, at a location to be determined. Mr. Pryor then reported on a recent Lane Metro Partnership meeting, and said that the partnership determined it could do its work on a quarterly basis and revised its meeting schedule accordingly. Mr. Pryor opined that this decision would make meetings more effective. MINUTES—Eugene City Council May 8, 2006 Page 1 Work Session In conclusion, Mr. Pryor announced that the Springfield Chamber of Commerce withdrew its financial support from the partnership. He expressed hope that the chamber would return when it realizes the benefit of a collaborative effort. Ms. Bettman reminded constituents in the Bethel area to look at both sides of the ballot when voting. She then reported that the Police Commission created two committees to (1) craft prototype ordinance language for the Civilian Review Board; and (2) craft prototype ordinance language for the Police Auditor. Ms. Bettman announced that the Farmer’s Market was now open for business at the Tuesday Downtown Market. Continuing, Ms. Bettman asked the City Manager if there would be an additional cost to post the City Council Agenda via Metro Television. Ms. Bettman reasoned that constituents access such information from their television sets more readily than the computer. City Manager Dennis Taylor surmised that this cost could be absorbed into existing budget costs. He said he would research the issue and advise accordingly. Mr. Papé? reported that a member of the Lane Council of Governments (LCOG) Board of Directors recently reminded the board that it was the designated Metropolitan Planning Organization (MPO) for the area and had delegated that charge to the Metropolitan Planning Committee (MPC). As a result, staff provided an historical account of that delegation and the LCOG board, which had expressed a concern regarding the status of transportation projects, would begin to monitor MPC activities. Mr. Papé? announced that he recently met with Library, Recreation, and Cultural Services Director Angel Jones and other staff to discuss the feasibility of transforming Fire Station #1 into a community center for teens, however, it was determined the space would not be appropriate for that purpose. He said he was hopeful staff would recommend other City-owned facilities for this purpose. In conclusion, Mr. Papé? announced that the River Road/Santa Clara Transition Team and Task Force would complete their work on June 30 and both organizations have agreed to accept responsibility for future transition issues. Mr. Poling congratulated the 70 firefighters who graduated from the Fire Academy in April. He turned to recent “Letters to the Editor” regarding the removal of trees along the north side of Oakway Mall off Coburg Road. He explained that the trees were beginning to deteriorate the sideways, curbs, and streets, and causing issues with the storm drains. Mr. Poling said that neighbors were notified of the tree removals and that new trees would be planted which would be appropriate for the environment in that particular area. In conclusion, Mr. Poling announced that an Accessible Pedestrian Signal Ceremony would be held at 10 a.m. on May 9 at the new intersection at Oakway Mall. Mr. Kelly clarified that with regard to MPO/MPC and transportation issues, in November 2006, he and Mayor Piercy followed City Council direction when they cast their votes to forward 66 of the 67 transportation projects on the list and reject the West Eugene Parkway project. Further, new projects – amendments to current projects - that were time-sensitive had been supported 100 percent. Mr. Kelly then reported that he attended an excellent training devoted to issues related to the Arab Muslim and Sikh communities and the dedication of the new Royal Carribean building, which was a first-class facility. He shared that the company housed in the building planned to employ a total of 500 employees over the next few years. In conclusion, Mr. Kelly reported that Region 2050 Policy Steering Committee recently met and received information from the State and LCOG which would be carefully reviewed. He said he plans to meet with Planning Division MINUTES—Eugene City Council May 8, 2006 Page 2 Work Session staff Susan Muir and Kurt Yeiter to review the materials. Mr. Kelly announced that the next Region 2050 meeting would be May 30. Ms. Taylor spoke about trees and reminded staff that the City Council continues to await the implementation of the tree regulations adopted by the City Council. She stressed that tree protection was critical. Ms. Taylor reported that the Regional Air Protection Agency (LRAPA) would meet on May 9 to discuss environmental odors. Ms. Taylor asked for an explanation of what differentiates “The Charter permits” from “The Charter requires,” specifically as it related to the hiring of the Police Auditor staff and an in- house attorney. City Attorney Glenn Klein replied he could not respond to the in-house attorney issue and that Jerry Lidz of his office wrote an opinion with regard to the Police Auditor staff. He said he would review that opinion and then respond to the inquiry. Ms. Taylor opined that the City Manager had the authority to hire all staff; however, he also had the ability to cede that authority. Ms. Taylor asked for a clarification regarding emails received by councilors which address locations for a hospital and the notation that those emails do not need to be part of the record. Mr. Klein explained that those particular emails could become part of the record should councilors choose to forward them on to Planning staff designate Alissa Hansen; however, he stressed that there was no requirement that they become part of the record unless they were sent to Ms. Hansen to become part of the record. Ms. Taylor opined that the authors of those emails would wish the content to be part of the record. Mr. Klein elaborated that once the Planning Commission forwarded its recommendation on the hospital to the council, any emails received from that point forward should be part of the public record. Moving on, Ms. Taylor spoke to the Police Auditor selection process and asked how it was determined who was an “outside expert.” Mayor Piercy responded that the Police Commission provided a list of outside experts to the ad hoc committee for review and prioritization. Ms. Ortiz added there were independent auditors from other jurisdictions on the list who have the history and experience to provide valuable consultation. Ms. Taylor turned to the unoccupied buildings and spaces in the downtown core and questioned if the owners of those buildings/spaces could be taxed through a downtown empty building/space tax structure and if a council work session should be scheduled to address this issue. Ms. Solomon announced that she attended the Lane County Prayer Breakfast on May 5, which was well-attended. She reported that on May 21, the Friends of Golden Gardens Park would canvas area neighborhoods with flyers providing safety tips for park visitors. City Manager Taylor reiterated the announcement made by Mayor Piercy that the meeting on the West Eugene Parkway Conflict Assessment would be held at the Lane Events Center Performance Hall on Thursday, May 11, at 6 p.m. Mr. Papé? spoke to the emails referring to a hospital location and questioned if councilors were permitted to advise senders that the emails have been forward to Ms. Hansen to be entered into the record. Mr. Klein explained that if councilors want those emails entered into the record, they could be read and then forwarded to Ms. Hansen for inclusion into the record. If they were not read, they do not need to be forwarded to Ms. Hansen. Additionally, it was appropriate to MINUTES—Eugene City Council May 8, 2006 Page 3 Work Session respond to senders that the email had been forwarded to City staff to enter into the record without further comment. Mr. Papé? announced that the Annual Scottish Festival would be held on Saturday, May 20, at the Presbyterian Church on River Road. Ms. Bettman referred to Ms. Solomon’s announcement regarding Golden Gardens Park and pointed out that the ponds continue to be dangerous. She said she sent a request to the City Manager and City Attorney’s Office to fence the area, as there would be a period of time before the safety issue could be addressed. Mr. Klein noted that Public Works was in the process of responding to Ms. Bettman’s email request. B. WORK SESSION: Cuthbert Amphitheater Update Angel Jones, Executive Director of the Library, Recreation and Cultural Services Department, reviewed the Agenda Item Summary (AIS). She was pleased to report that the community would have the opportunity to attend more events this summer then in the past seven years with a total of 11 shows scheduled, due to the contractual agreement recently signed with Kesey Enterprises and Double Tee of Portland. Additionally, the contract provided an opportunity to build stronger relationships with the University of Oregon, beginning with the Amphitheater hosting the Willamette Folk Festival in May. Ms. Jones said that the contract guaranteed the City a minimum of $30,000 profit per year for five years and she expressed confidence that due to the impressive lineup of acts scheduled for summer 2006 this amount would easily be exceeded. Additionally, she stated that Kesey/Leiken made an agreement with the International Alliance of Theatrical Stage Employees (IATSA), Local 675, to ensure that union workers were employed for the events. Mayor Piercy solicited comments and questions from the council. Mr. Kelly expressed disappointment that the City Council was not informed and consulted that an RFP to manage the facility would move forward. He pointed out that council direction of 20 years ago was not an adequate sign to staff that it should start such a process. Mr. Kelly asked if local, non-profit resident companies could play a role in recruiting acts for the venue. Laura Niles, Acting Cultural Services Manager, pointed out that discussions around this issue have ensued in the past; however, there were varying complexities, such as funding artist fees and accessibility to artists during the summer months. Mr. Kelly then expressed some anxiety about the danger of the Cuthbert turning into a commercial/competitive model. He spoke to accessibility, which he defined as diversity of programming and opined that if the model becomes purely commercial, diversity may be lost in the process. Mr. Kelly questioned if the contract required a variety in the programming and/or minimum number of shows. Ms. Niles responded the contract did not specify a minimum number of shows; rather, it planned to schedule shows that were perceived to be attractive to Eugene audiences. Mark Loigman, Operations Director, explained that the contract did speak to accessible and varied programming. The Willamette Folk Festival, for instance, would be free to the public (including parking) which spoke to diversity, and the contract included a clause whereby the City retained a number of “no fee” uses for community events at the Cuthbert. Mr. Kelly stated that he would prefer that the contract include a metric on that component. Ms. Taylor stated she would be pleased if Eugene could be classified as the “Greatest City for Justice for Working People.” She spoke to the stage hands and the fact that they would not MINUTES—Eugene City Council May 8, 2006 Page 4 Work Session receive benefits in the new arrangement. Mr. Loigman explained that the stage hands would continue to hold a contract with regard to the activities that occur at the Hult Center and, while working at the Cuthbert, these individuals would not be considered City employees and therefore would not receive benefits for the hours worked there. However, he stressed that there would be more opportunity for work under the new agreement then in the past. Ms. Taylor opined that privatization of the Cuthbert could prove to be a detriment to employees. She expressed hope that something could be done for employees who were working for lower wages and no benefits. Ms. Bettman spoke to the parking issue and asked if that component would be changed. Mr. Loigman explained that there would be adequate parking for park users and the parking ordinance would be adhered to. He added that a small parking fee, such as $1 or $2, would be included in the ticket price as opposed to being charged upon entrance into the park. (It was noted that the previous parking fee at the park was $5.) Mr. Loigman added that the City would receive one- half of the parking proceeds at the end of the season by formula with other ancillary revenue sharing. Ms. Bettman questioned if the City could have held on to the Cuthbert and said that inadequate information with regard to the RFP process did not reveal if this decision was a wise and prudent step. Ms. Ortiz pointed out that the removal of employee benefits amounted to a reduction in wages. She then expressed hope that Kesey Enterprises would look at the entire community as it moved forward with the future planning of events as the cost of some of the shows in the past were exorbitant for many members of the community. Mr. Pape? echoed Mr. Kelly’s comment that the City Council was not adequately informed about the process. However, he complimented City Manager Taylor and staff for looking for alternative models to provide services to the community. Mr. Pape? opined that the decision to privatize was prudent and he supported it. He said he would look forward to attending upcoming events. City Manager Taylor commented that the Willamette Folk Festival had outgrown the University facilities and the change in venue would bring out more members of the community. He said that ongoing and new clientele accessing the Cuthbert would provide a stimulus for other ways in which to utilize the venue. Mayor Piercy stated she was pleased at the number of performances that were already scheduled for the summer; however, she also expressed concern about the reduction in wages. She pointed out that cultural services were essential for the community, as well as sustainability for the City’s employees. Ms. Jones voiced her view that it was not the role of government to provide the service; however, it was the role of government to ensure the service. She said she continues to view the challenges around the delivery of services with the limited resources available and competing priorities. Mr. Poling voiced concern regarding the wage and benefit component; however, he was pleased that the privatization allowed the Cuthbert, a great City asset, to remain open. He asked if the contract could be renegotiated if deemed appropriate. Ms. Jones replied that the contract had a five-year duration; however, if there was “good cause,” the City had the ability to withdraw if the Cultural Policy Review Board deems it necessary. She added that Kesey Enterprises had been diligent in adhering to the City’s values. Ms. Jones assured the council that it would receive a report on the first year’s performance of this new arrangement. Mayor Piercy solicited a second round of questions and comments. MINUTES—Eugene City Council May 8, 2006 Page 5 Work Session Mr. Kelly spoke to the Roseburg Events Center and questioned why that area was able to bring in popular acts when it certainly faced the same challenges as Eugene. Ms. Niles said that an entity (such as the business community in Roseburg) funding such acts at a higher level in advance was a key to such success. Mr. Kelly reasoned that the Roseburg community did not offer a Hult Center with lineups such as the symphony, ballet, and opera company, and therefore there was a limited scope for cultural contributions. Mr. Kelly turned to the labor issue and said it was unfortunate the council was not involved in those discussions. He commented that the labor force was ill-treated in the process and expressed an understanding that the union had filed an unfair labor practices complaint. In response to a question from Mr. Papé?, Ms. Niles responded there were currently eight resident companies connected to the Hult Center and the City’s requirements for those companies have not changed: six performances during the September to May season; paid staff; locally based/non-profit, professional organization; “season ticket” offerings; and the provision of educational outreach activities to the community. She noted there was a question about the Opera’s viability at this time and a proposal to maintain its residency status would be reviewed by the Cultural Services Advisory Committee. Mr. Papé? voiced opposition to a policy allowing companies to lower their standards to remain a resident company. Ms. Bettman stated she favored lowering the threshold to retain the Opera in Eugene. She pointed out that profitability on the “private” side was related to the fact that there was taxpayer subsidy in providing the facility, land for parking, and intangible services. Ms. Bettman turned to the labor issue and said she regretted any profit that would be realized at the expense of the workers. She conceded that the City Manager retained purview over contractual services and therefore the City Council may have no role in aspects of the contract. Ms. Bettman asked if the vendors would pursue any sponsorships. Ms. Niles replied that vendors have a significant interest in supporting the venue but have had difficulty committing in the past as there was not a season for them to support. She said it was certainly an option. Mr. Loigman clarified that in addition to the $30,000 profit guarantee to the City by Kesey Enterprises, there was an additional guarantee of $2.00 for every ticket sold and there would be income to the City from food and beverage sales, parking fees, sponsorships, and cash donations. In addition, for the six months the concessionaires were in residence from May 1 to October 1 they were responsible for the maintenance and upkeep of the facility to the City’s standards as well as utility payments. Ms. Bettman reiterated that she did not receive the figures related to this information so she could not determine if it was a benefit for taxpayers. She suggested that as this arrangement was subsidized by the taxpayers and as there would be requests for sponsorships and banners for commercial entities, a banner thanking the citizens of Eugene for providing the venue/offsetting the cost was appropriate. Staff concurred. City Manager Taylor shared that one year ago, Ms. Jones informed him that it would be difficult to hold future events at the Cuthbert Amphitheatre, as the operation was in serious financial condition. She therefore recommended that the $50,000 allocation be put to other needs. However, following the adopted slogan by the City Council of The World’s Greatest City for the Arts and Outdoors, City Manager Taylor deemed that canceling the season at the Cuthbert was not an option. He spoke to the loss the City incurred from last summer’s season, which totaled approximately $100,000, and commented that to move forward with the privatization, it was realized the number of performances could be increased which would increase the vendors and, in turn, increase revenue flow. City Manager Taylor expressed that the Cuthbert was too important a community asset to the community to be closed. With regard to the labor issue, City Manager Taylor opined it was concluded it would be far better to have more work than no work at all. MINUTES—Eugene City Council May 8, 2006 Page 6 Work Session C. WORK SESSION: Crest Drive Neighborhood Context Sensitive Solutions Process Lisa Gardner, Senior Transportation Planner, recognized Kathy Suranpa and Fred Lorish from the Crest Drive Community Team and Dave Roth, an intern from the University of Oregon. She proceeded with a PowerPoint presentation outlining the components of the process: ? Process Review ? Identified Streets ? Crest Drive Community Team ? Group Agreements ? Decision-Making ? Meetings ? Communication ? Support ? Mission Statement ? Context Sensitive Solutions ? Context Sensitive Solutions Around the Country ? Context Sensitive Solutions/Context Sensitive Design in Eugene ? Work Plan Development ? Engineering Process ? Issues Identification/Existing Conditions ? Public Involvement Plan ? Next Steps/Timeline – 12 to 18 months ? Crest Drive Community Team Product ? City Manager’s Recommendation ? Crest Drive Website: www.eugene-or.gov/pwprojects Mayor Piercy expressed appreciation to all members of the community and staff for their exemplary contributions to this project. She then called on the council for questions and comments. Ms. Taylor expressed appreciation to the citizens and staff who contributed their talents thus far to the process. She expressed hope that the City would continue to listen and work with the citizens in unison. In the interim, Ms. Taylor urged the City to address the potholes on Crest Drive. Ms. Bettman opined that the project would be a model process for the community and congratulated the neighbors and staff for their participation. In response to a question from Ms. Bettman, Ms. Gardner replied that all of the neighbors who attended the May 4 meeting signed or would sign the Group Agreement. She stressed there had been no expression of dissent as the Crest Drive Community Team (CDCT) was a consensus model. Ms. Bettman observed that the CDCT product was transportation-oriented and did not address neighborhood character, property values, and other issues in which financially impacted residents would be interested. Ms. Gardner stated that those considerations would be addressed as part of the Context Sensitive Design Solutions (CSS) process and the product itself would be a recommended design and reflective of the components Ms. Bettman put forth. Ms. Gardner noted that development of criteria would ensue. MINUTES—Eugene City Council May 8, 2006 Page 7 Work Session Ms. Bettman stated she believes in the primacy of the people who would be financially impacted and concurred there would be improvements which fulfill transportation needs of other people in the community; however, she stressed the product must be done in a way that did not negatively impact the neighborhood and the property values. Ms. Gardner clarified that “McLean” was not one of the affected streets as noted in the council packet. She turned to the property owner input and said that input was part of the design of the Crest Drive Neighborhood Group Subcommittee, primarily made up of property owners on the affected streets. Ms. Bettman stated she would support the motion as a good portion of the costs could be reimbursed. Mr. Papé? applauded the process and recognized that while this project would take more time and energy, it would be a better product due to its consensus nature. City Manager Taylor commented that the work of the neighborhood reinforced by the recommendation of the City Manager captured everyone’s attention. Mr. Papé? expressed a desire to hear from the neighborhood members. Ms. Gardner said that opportunity would present itself as the process moves forward. In response to a question from Mr. Papé?, Ms. Gardner responded that classification was not now a focus; rather, the focus was on the street design which was more significant in terms of how the street would function. Mr. Kelly echoed previous comments and complimented those involved in the process. He concurred that this process could be a model for other projects throughout the City. Mr. Kelly opined that some projects could sometimes take longer due to contentiousness between the City and its constituents, whereas this project begins on a positive note. In conclusion, Mr. Kelly spoke to standards and guidelines and noted that standards must follow the law. However, he urged the members of the CDCT to bring any issues around standards (which could be amended if deemed appropriate) to the City Council, in order to preserve the integrity and intent of the process. Mr. Pryor offered his compliments to all individuals involved in this project thus far. He stated that the intent to “do it right” while being cost-effective may make the process more lengthy but would result in an exemplary product. Mr. Pryor spoke to the collaborative process and pointed out there must be a balance between a “context-sensitive design” and the assurance that a boutique system was not created. He opined that the process would ensure an appropriate balance. Mayor Piercy called for a second round of comments and questions. Ms. Taylor opined that the fact that only two neighbors were in attendance indicated people were less concerned and less angry with regard to the process. She spoke to the financial component and pointed out that property owners on side streets would not be contributing to the financial aspect but would benefit. She revealed that some of those owners have expressed an interest in contributing to the process. Ms. Taylor noted that some property owners may lose their houses if they were required to pay an assessment fee. She urged staff to ascertain if there was an avenue to allow contributions from side street owners and waive charges for property owners who cannot afford the assessment fees. In response to a question from Ms. Taylor, Ms. Gardner replied there were four at-large representatives from the neighborhood on the committee, in addition to the 16 representatives from affected streets. Ms. Taylor noted that some of those owners were feeling neglected by the process. Ms. Gardner assured the council there would be ample opportunity to involve both affected property owners and broader representatives of the neighborhood throughout the process. MINUTES—Eugene City Council May 8, 2006 Page 8 Work Session Responding to Ms. Taylor’s concern with regard to assessment fees for low-income property owners, Mr. Kelly commented that there was a potential for a low-income subsidy. Ms. Solomon, seconded by Ms. Ortiz, moved to direct the City Manager to implement the Crest Drive Neighborhood Context Sensitive Solutions Process in anticipation of a General Fund appropriation of $240,000 in FY07. The motion passed unanimously. The meeting adjourned at 7:02 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Joyce Ogden) MINUTES—Eugene City Council May 8, 2006 Page 9 Work Session NAME OF MEETING: Eugene City Council DATE OF MEETING: May 8, 2006—Regular Meeting TO: Beth Forrest RECORDED BY: Ruth Atcherson MINUTES FILE NAME: M:\2006\Central Services Department\City Council\cc060508m2.doc BACKUP STORAGE: Ruth #33 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 5/24/06rma Draft to Staff (Date & Initials) Reviewed/Returned by Staff Returned to Minutes Recording 6/6 ky Proofed/Revised by Minutes Recording 6/6 ky Returned to Staff ______ Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ATTACHMENT B M I N U T E S Eugene City Council City Council Meeting Council Chamber—Eugene City Hall May 8, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Gary Papé, George Poling, Chris Pryor, Bonny Bettman, Betty Taylor. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order and welcomed everyone to the meeting. 1. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. She noted that 24 people had signed up to speak and requested a motion. The council concurred that it would stay to hear all those who had signed up to speak, and no motion was offered. Jim Hale , 1715 Linnea Avenue, requested that the council pull Consent Calendar Item G and vote against it. He wanted to force the Eugene Water & Electric Board (EWEB) to provide answers to the following questions, before taking its ballot measure to the voters: ? Why was EWEB in such a hurry to move when there was no pressure from McKenzie-Willamette Hospital demanding action? ? Why did EWEB want the City to approve the item at the present meeting “to save $50,000 on an election” when it had “no qualms about spending several times that amount in bonding expense?” ? Why was EWEB “anxious” to borrow $1.2 million for unknown contingency costs, $100,000 to plan the future use of the operations yard, $700,000 to do a wetland fix on the Roosevelt Boule- vard location, and $300,000 in ordinary EWEB staff costs associated with the move, when it could “seemingly” pay most of these expenses from ordinary funds instead of borrowed money? ? Why was EWEB “in a big hurry” to spend $4 million on design and site improvements for the Roosevelt site, which he felt was far from the power and water sources in the Willamette Valley? ? Why did EWEB intend to remodel the existing building? Mr. Hale questioned the need for what he asserted were two city governments and two city managers. He noted that City Manager Dennis Taylor supervised 1,482 employees and was paid $133,000 annually while EWEB General Manager Randy Berggren supervised 472 employees and was paid $192,500 annually. He asserted that EWEB paid its five division managers substantially more than the City paid its manager. He believed that the administrative infrastructures of the City and of EWEB represented a duplication of services and consolidation would bring about greater efficiency. MINUTES—Eugene City Council May 8, 2006 Page 1 Regular Meeting Tom Snyder , 1143 Monroe Street, proposed that the council host a public dialogue regarding what vision the community would support in the development of the EWEB riverfront property. He read a futuristic article he had written based on his vision of conversion of the EWEB steam facility into a “Live Steam Museum.” He submitted his testimony in writing. Zachary Vishanoff , Patterson Street, approved of Mr. Snyder’s proposal. He reiterated his unhappiness with the demolition of the former cannery, noting that he had gone to the site prior to the construction of the courthouse and “gathered artifacts.” Mr. Vishanoff circulated copies of an article. He asserted that Nike paid no taxes and reiterated his opposition to the University’s plans for a basketball arena. Betty Snowden , PO Box 5166, Eugene, testified in support of a payday loan ordinance. She said as a business owner she supported a friendly business climate, but not at the expense of low-income citizens. She disliked that payday loan businesses frequently charged an interest rate of 500 to 700 percent. Laurie Trieger , 2710 Polk Street, stated that payday loans were short-term, high-interest rate loans marketed to cash-strapped consumers. She cited statistics that indicated that in 13 years, the number of th such lenders had grown from 200 to over 25,000 and Oregon was the 14 most saturated state for payday lending. She pointed out that of the 31 licensed payday lenders in Lane County, 16 operated in Eugene and the most common annual percentage rate was 532 percent. She explained that a person could borrow $300, could roll over that amount three times according to law and, within 10 weeks could pay $240 in fees for that loan. She stated that the State Legislature enacted payday loan reforms to address some aspects of the industry’s practices, but a strong need for city-level reform still existed. She said it would be 14 months before Oregon consumers would be protected by the State from predatory loan terms. In an effort to provide immediate relief to consumers, many cities used a model ordinance to establish basic protections that were complementary to and not a duplication of the State law. She related that one of the few current requirements to access a payday loan was that a person be employed. She understood, from her work at Food for Lane County, that more than one-third of all households in Lane County that receive emergency food boxes have at least one working adult. She stressed that with rising health care, utility, and housing costs, Lane County’s working poor struggled to meet their basic needs. She cited a 2004 Oregon Department of Consumer and Business Services survey indicating that 30 percent of all payday loan consumers borrowed money to purchase groceries. She stressed that these people were “your neighbors and mine.” Lisa Warnes , 5020 Nectar Way, a board member of the Southeast Neighbors and the Chair for Vision for Intact Ecosystems and Watersheds (VIEW), stated that three planned unit developments (PUDs) were slated for the southeast neighborhood. She reviewed a number of the PUDs in the South Hills over the last few years. She asserted that the geology and hydrology reports were generally a “rubber stamp.” She said neighborhood groups were “forced to raise funds” to hire geologists and hydrologists. She alleged that three recent PUDs were all on “landslide mass.” She wondered why there was not better oversight in the Planning Division. She felt the Planning and Development Department (PDD) only received reports from the developers and those reports went unchallenged. She suggested that PDD and the Fire Marshal were unwilling to address the issues. She commented that one PUD, Green Valley Glen, was planning for 14- foot-wide roads, which she considered to be a fire hazard. Ben Ennis , 80 North Monroe Street, representing Leadership Adventure Education Direction (LEAD), stated that he had been a part of LEAD for two years. He said LEAD was a local non-profit organization serving low-income teenagers in Lane County. He stated that the mission of LEAD was to develop the MINUTES—Eugene City Council May 8, 2006 Page 2 Regular Meeting leadership skills of low-income teenagers to empower them to address community problems and change the world. He reviewed the history of LEAD, from its inception with the help of the Housing and Community Services Agency (HACSA) in 1996 to the present. He said LEAD had served over 200 teens during that time. He related that LEAD teens worked toward “life assignments” and explained that such assignments were long-term goals in which the teen would work to create a positive personal community or world change. He listed some life assignments, ranging from graduating from high school to becoming a marine biologist. He said his life assignment was to learn all he could about computers and the “life assignment” of the group was to create Nuestro Lugar/Our Place, a LEAD teen center in the city of Eugene. He reported that LEAD representatives met with City staff and it had been determined that the former fire station in City Hall would not work. Now they understood there were other City-owned properties that could work. He asked that the council take a verbal stance to do whatever it could to make Nuestro Lugar happen. He assured the council that supporting the center would help the council fulfill its priority regarding youth. th Marie Kale , 767 West 8 Alley, stated that she participated in LEAD for four years. She said LEAD teens would love to have the council’s support for the Nuestro Lugar. She invited the councilors to a free lunch on May 24 during which a video would be shown and speakers from LEAD would make presenta- tions. She felt the council would be able to see first-hand why LEAD was an “amazing program.” She provided invitations to the councilors. She reiterated that LEAD had just been presented with an award honoring it as the Outstanding Human Services Agency of the Year. She added that this means “we’re awesome.” Maj Rafferty , 532 Olive Street, said LEAD had been spearheading the drive to create a teen facility in downtown Eugene. She stressed that LEAD had a strong track record for working with diverse groups of young people. She stated that she had been partnering with the City on the project since 1998 when she worked for the Riverhouse Outdoor Program. She listed the other partners: Juventud FACETA, Youth Advisory Board, University of Oregon Family Human Services program, and Trauma Healing Project. She noted that the University’s program was one of the best in the country and utilized best practices, evidence-based research, and interventions. She reported that Dr. Dan Close, department head for the program, committed to provide interns for the teen center. University of Oregon Family and Human Services program counseling psychology professor, Benedict McWhirter, an expert researcher on the subject of at-risk youth and prevention, was interested in the center and wanted to contribute to the program. She said a graduate student was conducting a needs assessment to help LEAD better understand what the community needed. She added that LEAD also partnered with Juventud FACETA and the Youth Advisory Board to provide services in a culturally inclusive manner. She related that Linda Wagner, who started a successful teen facility in Arizona and now worked in research and development for the Department of Youth Services, had written LEAD an outstanding letter of support noting that LEAD’s development process matched up with successful practices in Arizona. She acknowledged that some people felt the teen center concept had been tried without success and likened this to saying “I tried a sandwich once and did not like it.” She reiterated that the LEAD facility would be a membership facility, where parents would be required to sign their children up and teens would have to commit to obeying the law and staying in school and graduating. She reminded the council that LEAD had a strong grant possibility with Meyer Memorial Trust for $15,000 but needed a space commitment. She related that a space in the Overpark structure had been suggested and she believed it would work. She asked the council to commit to being a champion for the project. Thomas Dodd , 372 Lodenquai Lane, pastor of United Lutheran Church, spoke in support of the council’s consideration of ordinances to regulate the payday loan industry. He called the special legislative session in Salem promising, but the implementation date of July 1 left room for the industry to lobby to reverse the MINUTES—Eugene City Council May 8, 2006 Page 3 Regular Meeting bill. He suggested that should the council act to regulate the industry, the action would keep the momentum going and would give strength to the supporters of stronger regulation of the industry. He underscored that people in crisis were very vulnerable. He said while a crisis such as a hurricane was very visible, the crisis of being poor was much less of an attention-getter. He asserted that it is easy to ignore a problem that is not part of our daily experience, such as what happens in the payday loan industry when fees equal 520 percent interest on an annual basis. He said someone was making money at the expense of others and such practices were making things worse for many residents of Eugene. He acknowledged that the city of Eugene was made up of people of many faiths and offered a reading from the Christian Bible, Psalm 72. th Rene C. Kane , 254 West 14 Avenue, co-chair of the Jefferson/Westside Neighbors, asserted that a Metro Plan redesignation of the area to Medium Density Residential R-2 jeopardized the area and put it at risk of being developed with “poorly designed infill.” She related that representatives of the neighborhood association spoke with the Eugene PDD and awaited response. She related that the recent memorandum from the PDD director to the council had no suggestions to prevent the damage that inappropriate development might cause, nor any steps to fully implement the Jefferson/Far West Refinement Plan policies. She said this type of development would destabilize the neighborhood. She asked, on behalf of the Jefferson/Westside Neighbors that the City Council take swift action to oppose this change to core neighborhoods by calling a temporary moratorium on zone changes. Councilor Solomon, seconded by Councilor Ortiz, moved to extend the Public Forum by 57 minutes. Roll call vote; the motion passed unanimously, 8:0. th Paul Conte , 1461 West 10 Avenue, commended the council for doing a great job in December of protecting 14 blocks of the Jefferson/Westside neighborhood. He declared that the neighborhood was now “about to lose 15 blocks” to similar destructive infill. He suggested that “common sense” would indicate that an action allowing an intense multi-family development in an area of single-family neighborhoods should not be “handled this way,” regardless of a policy in the Metro Plan. He recalled that according to the PDD memorandum, staff testified to the Hearings Official in December 2004 that they were unclear about the maximum density of the area and that local refinement plan policies were ambiguous. He said the Hearings Official also found that many of staff’s interpretations of policies for a zone change were wrong. He asked why staff had not brought these unresolved issues before the council. He asserted that “staff had done nothing” to fully implement the policies that require protection of the character of this neighborhood. He alleged that residents were left “to fear the worst.” He thought it was essential that the council step in and provide temporary shelter for this “heritage neighborhood” while work was completed and appropriate standards were put into place. th George Stathakis , 935 West 8 Avenue, chair for the Wayne Morse Youth Program, stated that the program had operated on the Wayne Morse Terrace in front of the Lane County Building for 14 years. He said electricity had recently been cut to the plaza and a heavy police presence had been brought in. He felt this could be an opportunity to improve the image of the Eugene Police Department (EPD). He stated that there had never been a uniformed officer at the Saturday free speech event, but seven uniformed officers had been present the previous weekend. He agreed that it was good to “deal with the negative things” but said it was better to enhance the positive things. He underscored that the young people involved in his program were doing precisely what the Wayne Morse Free Speech Terrace was designed for. He recommended that EPD be encouraged to create a friendlier image and that one officer who could get to know who the “bad eggs” were be assigned to the plaza. He also requested that the council speak to the Lane Board of County Commissioners on behalf of the youth program so that electricity could be restored. MINUTES—Eugene City Council May 8, 2006 Page 4 Regular Meeting Iana Matthews-Harris , 3050 Memory Lane, co-manager of the Wayne Morse Youth Program, stated that the goal of the program was specifically to empower youth to get up and speak on a microphone, though anyone was welcome to voice an opinion. She underscored that the program was the “only positive force” there. She stated that the program’s energy was to support people doing things that were not drug-related and not illegal. She agreed there was a serious drug problem on the terrace and some people there did inappropriate things. She attributed much of the trouble to homeless youth and said the City and County should address homeless issues as the real source of the problems. She heard that 2,500 youth in Eugene were without a home and called this statistic “ridiculous.” She stated that the people of the city of Eugene had money and should address the homeless issues. She related that two weeks earlier, EPD officers made nine arrests and issued 19 citations. th David Ishi Woods , 953 West 8 Avenue, co-manager of the Wayne Morse Youth Program, asked where the councilors had been when the unilateral decision was made by the County to “pull the plug” on the weekly, open mike opportunity at the Free Speech Terrace. He stated that deeds spoke louder than words and the youth program was “doing” in Wayne Morse’s name and not just offering lip service. He wished to have more council support in this. Misha Seymour , 1313 Lincoln, #307, commented that there existed “creeping fascism in our midst.” He proclaimed that fascism in Eugene was not creeping, it was “trotting.” He said Eugene was supposed to be the City of the arts and outdoors but while the hanging baskets of flowers were watered and maintained, there were no benches for citizens to sit on. He disliked the Library’s rule that people could not sleep there for more than 30 minutes. He lamented that there were no benches to sit on and tie one’s shoes. He asked why “we hate people here so much.” Anthony Johnson , 1291 Delores Street, asked on behalf of his classmates that Golden Gardens Park be developed for the sake of safety. He thought it would be a wonderful thing for the Bethel community if the area could be turned into a beautiful family park that would help raise awareness about safety issues at the ponds. Amanda Canterell , 511 Langers Lane, related that her class had taken Golden Gardens Park on as a community service issue. They chose to be responsive to area children by presenting safety information to elementary school classes. She had focused, in her talk with school children, on safety around water and she stressed that Golden Gardens Park was not an ordinary park. She felt what she was doing was just the beginning of the information outreach effort. She asked why a dangerous park was being left untouched and noted that the water-filled former gravel pit there was larger than any pool in Eugene. th McKenzie Shepera Davis , 2350 North Terry Street, an 8 grader at Prairie Mountain School, shared that she had lost her brother, Brittain, and her cousin, Nick, at Golden Gardens Pond. She stated that it was absolutely necessary to have funding for Echo Hollow Pool improvements. She observed that more young people were moving into the West Eugene area and there was nothing to do but go to the skate park or go th to Echo Hollow Pool, which was just a pool with two diving boards. She related that her 8 grade class had done much to improve Golden Gardens Park. She wanted the park to look like a city park and not a garbage pit and asked the council to help. She averred that her community deserved to have parks and swimming areas like Amazon and River Road parks. th Brandon McGinnis , 2060 Irwin Way, an 8 grader at Prairie Mountain School, related that his class had taken a trip to Golden Gardens Park to see the ponds. He said those who had not been there before were shocked at the garbage and the condition of the park. He felt the park could be improved by adding several MINUTES—Eugene City Council May 8, 2006 Page 5 Regular Meeting new bridges, a bicycle path, play areas, and other places to recreate. He thought so many things around the ponds were dangerous and unpleasant. He reiterated that it should be improved. Jenny Sink , 393 Limerick Avenue, said she was the proud teacher of the students who had spoken about Golden Gardens Park. She recalled that the school year had begun with plans for a memorial. She applauded the class for dreaming big and related that they had been doing so from the day they visited the ponds. She stated that a penny drive collected $2,500. She felt the kids’ passion was helping to make a difference as well as speaking for six young people who could no longer speak for themselves. She said the grieving was over and change was underway. The young people had become proactive, they heard from numerous supporters of the park improvements, and now needed to hear from the council. She thanked the Parks and Open Space Division for the work that had been done so far and to the council for listening. Ruth Anne Paul , 1475 Green Acres Road, Space 160, stated that nothing had been done by the City to develop Golden Gardens Park. She said the part of the 1998 bond measure that had been allocated to the Bethel area had been used for a number of things and she listed them. She reiterated the importance of making Golden Gardens Park safe. She averred that an additional ten acres were needed to help slope the edges of the pits so they would have the nature of true ponds. She felt an additional 100 acres was needed to make the park user-friendly to more people. She called it imperative to include the development of this pond in the upcoming bond measure. She reminded the councilors that the park had been locally known as “the Pits” because it had never been developed or maintained as a park. Diane Shock , 5509 Barger Drive, reported that the Active Bethel Citizens group was working hard to develop Golden Gardens Park. They were appreciative of the council support shown for the park thus far. She said it remained critical that the project be considered a Priority 1. She recommended that additional acreage around the ponds area be purchased because the population in the area had increased significantly and the current area of the park was not adequate. She said another compelling reason to purchase the land was that the property was close to the airport and under the path of the new runway. She thought it would be prudent to purchase the land to maintain it as a buffer between the airport and residential areas. She urged the council to consider purchasing the land for ball fields and additional recreational facilities for all of Eugene. Gary Davis , 1635 Daugherty Street, Cottage Grove, asked the council to include funding for Golden Gardens Park on the bond issue in November. He said the park in its present state was 90 percent water. He agreed that additional lands were warranted, given the population growth in that area. He thanked the councilors for the work that had been done to make the park safer. He explained that he was the grandfather of two boys whose lives had been taken by the park. Carrol Dower , 1000 Welcome Way, thanked everyone and acknowledged that the Friends of Golden Garden Park were well-received by the council and the community. She reported that the group received good news coverage and donations from many local businesses and individuals. She reiterated the request that funds for the park be included in the bond measure and that the park be made a Priority 1. She underscored that the community was ready to put a great deal of sweat equity into the project, and it had a commitment from Home Depot for some supplies, the penny drive proceeds, and other fundraising money to contribute. She said she was just a mom who never wanted to see another grieving parent go through the agony of losing their spirited 15-year-old to an accidental drowning on a hot summer. Mary Monette , 3261 Richard Avenue, stated that Golden Gardens Park would be a great park for Eugene. She stressed that Bethel was a large voting bloc in the community. She said with the publicity the group received, it could be a real asset to getting the bond measure passed. She said the group was working hard MINUTES—Eugene City Council May 8, 2006 Page 6 Regular Meeting to develop the park and needed the council to “come along with us.” She echoed previous testimony urging the council to place the park in the bond measure and to reclassify its development as a Priority 1. Rick Bennett , 9200 Southeast Sunnybrook Boulevard, Clackamas, spoke on behalf of the American Association for Retired Persons (AARP). He stated that the AARP had more than 475,000 members statewide and nearly 23,600 members in the City of Eugene. He provided his testimony in writing and indicated that AARP members were consistently opposed to predatory lending practices, such as payday loans, and in support of legislation to regulate it. He urged the council’s support for the ordinance. nd Jana Jackson , 1012 East 22 Avenue, requested that the eight citizen members of the Budget Committee be required to be representative of the eight wards of the city. She said three of the current members resided in the same ward and this could be construed as lop-sided representation. Peter Leung , 2040 Shasta Loop, announced that a Chinese delegation would be coming to visit the State of Oregon at the invitation of State Senate President Peter Courtney. He related that the delegation would be visiting Eugene as well as the State Capitol in Salem. He stated that the delegation was interested in the University of Oregon because of a potential working relationship and ongoing communications that recently transpired. He noted that the states of Oregon, Washington, and California were prepared to establish relationships with fast-growing China and East Asia. He related that Oregon State University was taking advantage of this opportunity and planned to send a delegation to China during the first week of September. The University of Oregon was also taking the initiative. He provided a proposal as to how the City could receive the delegation from China and he hoped that the City Council and the Mayor would take advantage of this opportunity to improve the city’s relationship with China. Mayor Piercy closed the Public Forum and asked for comments from the council. Councilor Kelly thanked everyone for their testimony. He continued to be impressed with the LEAD program and what the young people were doing. He requested that the City Manager pursue other sites for the teen center. He also thanked LEAD for the invitations to the May 24 event, noting that councilors would not be able to attend because a council meeting was scheduled. Regarding the Wayne Morse Youth Program, Councilor Kelly stressed that Mayor Piercy contacted the County Commissioners as soon as she had heard about the situation and asked that electricity be restored to the terrace. Councilor Kelly also thanked everyone who spoke regarding the payday loan industry. Additionally, he noted that he agreed with those who considered the EWEB steam facility to be a valuable community resource. Councilor Papé echoed Councilor Kelly’s comments regarding the LEAD teens. Referring to Golden Gardens Park, he pointed out that there would be no bond money realized in 2006 because of timing, but there could be other funding possibilities. Councilor Papé requested a memorandum regarding Mr. Conte’s concerns about zoning in the Jeffer- son/Westside neighborhood. Councilor Bettman thanked Mr. Hale. She said it was time to “at least clarify” some of the jurisdictional issues regarding EWEB and the City of Eugene. MINUTES—Eugene City Council May 8, 2006 Page 7 Regular Meeting Councilor Bettman said the memorandum in response to concerns raised by the Jefferson/Westside Neighbors was “not very illuminating.” She related that she was doing additional research on the issue. She commented that it was counter to opportunity siting and likened it to trying to implement something with one hand while undoing it with the other hand. She requested a list of options she could pursue, with agreement from her colleagues, in order to take emergency steps to preserve the neighborhood and address what had transpired without, she alleged, anyone’s knowledge. Councilor Taylor called the testimony in the Public Forum “inspiring.” She related that she had also asked if there was anything the council could do to reverse the situation in the Jefferson/Westside area. She asserted that the item had “slipped through, hidden in a so-called housekeeping” item on the Consent Calendar. Councilor Taylor also liked Mr. Hale’s questions. Councilor Taylor asked why the City did not have hydrologists and geologists on staff who worked for the citizens. She opined that sometimes City staff was working just for developers. Councilor Taylor found the idea of creating a museum in EWEB’s steam facility after its future closure “fascinating.” 2. CONSENT CALENDAR A. Approval of City Council Minutes - March 13, 2006, City Council Meeting - April 10, 2006, Work Session - April 12, 2006, Work Session - April 17, 2006, Process Session B. Approval of Tentative Working Agenda C. Approval of 2006-07 Funding Allocations for Federal Community Development Block Grant, HOME Investment Partnerships, and American Dream Downpayment Initiative Programs D. Adoption of Resolution 4868 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing a Four-Year Local Option Levy for the Funding of Library Operations E. Adoption of Resolution 4869 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authorizing the Issuance of a Maximum of $25,490,000 of General Obligation Bonds for Parks, Recreation, and Open Space Projects F. Adoption of Resolution 4870 Authorizing the Issuance and Sale of Electric Utility System Revenue and Refunding Bonds in the Aggregate Principal Amount of Not to Exceed Eighteen Million Three Hundred Fifty-Four Thousand Two Hundred Eighty Dollars ($18,354,280) for the Purposes of Financing and Refinancing Capital Improvements to the Electric Utility System and Providing for Related Matters G. Adoption of Resolution 4871 Authorizing the Issuance and Sale of Electric Utility System Revenue Bonds in the Aggregate Principal Amount of Not to Exceed Eight Million Dollars ($8,000,000) for the Purposes of Financing Capital Improvements to the Electric Utility Sys- tem and Providing for Related Matters H. Approval of Police Auditor Recruitment and Selection Process Councilor Solomon, seconded by Councilor Ortiz, moved to adopt the Consent Calendar. MINUTES—Eugene City Council May 8, 2006 Page 8 Regular Meeting Councilor Papé pulled items B, D, E, and G. Councilor Kelly indicated he submitted corrections to the minutes electronically. He also wished to pull Item H. Mayor Piercy deemed the corrections to the minutes, without objection, approved. Councilor Bettman said she previously submitted minutes corrections. Mayor Piercy deemed them, without objection, approved. Roll call vote; the motion to approve the Consent Calendar with the exception of items B, D, E, G and H, passed unanimously, 8:0. Mayor Piercy stated that items pulled from the Consent Calendar would be addressed at the end of the meeting. 3. ACTION: Approval of Findings and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Improvements Consisting of Paving, Curbs and Gutters, Sidewalks, and Storm Water Drainage System on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 Feet South; and Providing an Immediate Effective Date (Contract 2006-05) (Job #4111) Councilor Solomon, seconded by Councilor Ortiz, moved to approve the Minutes, Findings and Recommendations of the Hearings Official of April 24, 2006. Councilor Bettman conveyed her opposition to the motion. She was pleased to see that no members of the public opposed it. She asserted that a large portion of the project would be funded by the City out of the Lane County Road Fund. She said the road project was not an identified priority of the community. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt Council Bill 4926, an ordinance levying assessments for improvements to Debrick Road. Roll call vote; the motion passed, 7:1; Councilor Bettman voting in opposition. MINUTES—Eugene City Council May 8, 2006 Page 9 Regular Meeting 4. ACTION: Approval of Minutes, Findings, and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Improvements Consisting of Paving, Curbs and Gut- ters, Sidewalks, Landscape Medians, Street Lights, Street Trees, Wastewater, and Storm Water rdth Drainage on 3 and 4 Avenues between Pearl Street and Lincoln Street, North of Southern Pacific Railroad and South of Skinner Butte Park; and Providing an Immediate Effective Date (Contract 2006-04) (Job #3827) Councilor Solomon, seconded by Councilor Ortiz, moved to approve the Minutes, Findings and Recommendations of the Hearings official of April 19, 2006. Councilor Bettman stated that she would support this project because it was an identified project in the Capital Improvement Program (CIP). Roll call vote; the motion passed unanimously, 8:0. Councilor Solomon, seconded by Councilor Ortiz, moved that the City Council adopt rdth Council Bill 4925, an ordinance levying assessments for improvements to 3 and 4 Ave- nues. Roll call vote; the motion passed unanimously, 8:0. 5. PUBLIC COMMENT: Police Auditor Candidate Profile City Manager Taylor stated that Human Resources Division Manager, Helen Towle, was available to answer any questions. Mayor Piercy opened the public hearing. Joseph Collins , 2233 Hawkins Lane, submitted his testimony in writing. He believed the Eugene Police Department (EPD) to be incompetent. He was concerned about the police auditor and the methampheta- mine problem in Eugene. He did not think City Manager Dennis Taylor demonstrated any leadership on this issue. He also thought the Mayor, the Police Chief, and Assistant City Manager were incapable of handling oversight of a police auditor. He thought the police were bound by a loyalty that committed them to abetting one another in bad behavior and good. He felt the police’s need to protect one another was detrimental to the community. th Bob Cassidy , 1401 East 27 Avenue, recommended that the auditor be able to hire his or her own staff. He suggested that the City confer with other jurisdictions that had hired such auditors to be sure that Eugene did it right. Zachary Vishanoff , Patterson Street, believed more public hearings were in order to fully understand the depth of the problem. He remained angry over an alleged incident that occurred several years earlier in which he had been hurt by a police officer. He opined that the courts were being used to retaliate against people like him. Steve Smith , 128 Lynnbrook Drive, submitted his testimony in writing. He wanted to address the issue of who hired and supervised the auditor’s staff. He said an internal auditor should be a professional whose job was to ensure sound evaluation of internal controls and that such evaluation was recorded properly. He MINUTES—Eugene City Council May 8, 2006 Page 10 Regular Meeting averred that the auditor needed to ensure that the audit staff was properly trained in audit techniques and in the roles they played in audit support. He felt the auditor needed to be able to enforce staff performance and dependability. He recalled from his 30 years of serving as an auditor that it had been important that he managed his staff and controlled the work environment. He listed three problem areas with an audit staff reporting to an outside area: ? How would an audit staff lead keep abreast of the changes of growing the audit function into maturity or expanding or narrowing its coverage as experience dictates? For the sake of efficiency and cost-effectiveness, the audit process should have flexibility and constant self-evaluation. ? How would an outside audit staff boss manage to ensure maximum support for the work of the auditor? He opined that an auditor’s needs would fall into a secondary priority with staff. ? How would an outside staff boss be equipped to deal with the critical issues of independent re- cording of audit findings and insuring strict confidentiality of audit examinations and records? He did not believe these functions worked successfully without hands-on staff guidance. Additionally, Mr. Smith predicted the City would lose high-quality candidates for the auditor job if the position did not include direct management of his or her staff. Arnold Ismach , 5326 Tahsili Street, agreed with Mr. Smith. He congratulated Mayor Piercy and the City Council for moving ahead on schedule with the selection of an auditor. He felt the City was moving in the right direction. He had followed the police auditor process closely. He noted that in his work as a journalist he had come in contact with many police complaints. He recommended hiring someone with a good legal background or background as a judge or professional negotiator. Rob Handy , 455 ½ River Road, opined that the election regarding the West Eugene Parkway (WEP) divided the community and the vote to hire an independent police auditor could serve to “heal our community.” He said the voters clearly decided to make the police auditor independent of the City Manager and the Police Chief. He urged the City Council to move forward with what the voters asked for. nd Jana Jackson , 1012 East 22 Avenue, expressed concern that the job description for the police auditor was “light.” She asserted that there was no requirement that the auditor have a background in police work. She felt it would be difficult for an auditor to judge the behavior of police officers without being familiar with the law and its application. She likened it to having a plumbing inspector who knew little about plumbing. She also found the requirement specifying that the auditor can not have worked for the EPD within 20 years to be offensive. She suggested that five or ten years would be more reasonable. She opined that to say a person should not be affiliated with the police department was “prejudicial and offensive.” She felt that it implied EPD personnel, their friends, families, and associates could not be trusted. Majeska Seese-Green , PO Box 11692, Eugene said the Whiteaker Community Council (WCC) held the position that Eugene needed “the strongest possible” independent public review of police practices. She stated that the auditor needed to be a person who would not be intimidated in “the real difficult situations that might come up here in Eugene.” She averred that the person needed to have a documented history of being able to stand up under those circumstances. She felt that setting up the auditor without complete independence could hamper the situation. The WCC also wished to relay its concern that the person hired be willing and able to supervise staff. She said it was hoped that an amendment to the charter could be placed on the ballot with a change in wording that would clearly state that the auditor’s office should be independent. She commented that, as there was an election scheduled already, an amendment would not add to the expense. MINUTES—Eugene City Council May 8, 2006 Page 11 Regular Meeting Mayor Piercy closed the public hearing. Councilor Ortiz thanked everyone for coming down. She said the work had been a “labor of love” for her, but the bulk of the work still lay ahead. In response to a question from Councilor Papé, City Attorney Glenn Klein affirmed that the reason the staff would be included under the auspices of the City Manager’s Office (CMO) for the purposes of official reporting, was that charter language required it. Councilor Bettman wished to clarify that the budget for the police auditor and three support staff was $500,000. She also explained that the intent was always that the police auditor’s office be neutral and unbiased, and not an advocate for one point of view or another. In response to a question from Councilor Bettman, Ms. Towle said the issue of whether a felon could be hired was not specifically addressed in the job description but under statute a person could not access the criminal justice system with a felony background. Mayor Piercy called for a break at 9:20 p.m. The meeting reconvened at 9:25 p.m. 6. PUBLIC HEARING: rdth An Ordinance Concerning the Change of Street Name of the 3/4 Connector Which Extends East from Lincoln Street to Pearl Street Within the City of Eugene, to Shelton McMurphey Boulevard Associate Planner for the PDD, Kent Kullby, read the criteria into the record. He reported that the Planning Commission recommended approval of the ordinance. Mayor Piercy opened the public hearing. Majeska Seese-Green , P. O. Box 11692, stated that the Whiteaker Community Council supported the change. She averred it was in line with the Whiteaker Plan and it made sense to go ahead with the name change. Mayor Piercy closed the public hearing. Mayor Piercy ascertained from the councilors that there were no objections to taking action. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Council Bill 4924, an ordi- rdth nance concerning renaming of the 3/4 Connector to Shelton-McMurphy Boulevard. Councilor Taylor moved to amend the motion to substitute ‘Avenue’ for ‘Boulevard.’ In response to a question from Councilor Bettman, Mr. Kullby said ‘boulevard’ was generally used to distinguish a street that followed a path diagonal to other streets. The motion died for lack of a second. MINUTES—Eugene City Council May 8, 2006 Page 12 Regular Meeting The main motion passed by unanimous vote, 8:0. 7. PUBLIC HEARING: An Ordinance Concerning Stormwater Provisions; Amending Sections 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100, 9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, and 9.8520 of the Eugene Code, 1971; Repealing Section 9.6520 of that Code; Adding Sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, and 9.6796 to that Code; and Providing an Effective Date City Manager Taylor asked Development Review Manager for the Public Works Department, Peggy Keppler, to speak to the subject of the ordinance before the council. Ms. Keppler explained that the ordinance addressed stormwater development standards. She related that an article in the Eugene Weekly confused the issue by suggesting that the ordinance would address rainwater harvesting, though nothing in this ordinance related to it. She clarified that the ordinance addressed when and what types of applications must meet development standards and also said the facilities would be designed and constructed according to the Stormwater Management Manual. She stated that the manual was being adopted administratively and a separate public hearing would be held on it. One of the items in the manual was rainwater harvesting. She added that the public hearing for the manual was scheduled for June 8 in the Les Lyle Room at the Public Works building on Pearl Street. Mayor Piercy suggested that anyone interested in testifying on rainwater harvesting should attend the aforementioned hearing. Mayor Piercy opened the public hearing. Charles Biggs , 540 Antelope Way, requested that the record remain open for “two to three weeks.” He asserted that the development standards should be updated periodically and should be expanded to include existing development. He observed that stormwater rates were going up and he predicted that businesses would be hit hard. He felt this would result in businesses being more inclined to increase the area of adjacent impervious surfaces. He was concerned about the water flow on a site and how it was managed with regard to pedestrians and bicyclists. He said “large sheets of water flowing across sidewalks” would create problems. Lisa Warnes , 5020 Nectar Way, echoed Mr. Biggs’ request that the record remain open. Teresa Damron , 605 Howard Avenue, also wished to keep the record open. She called stormwater “important” because we live in a wet climate. She stated that six of seven stormwater basins had master plans, with only the River Road/Santa Clara neighborhood plan left. She said the plan was scheduled to be completed in June 2006. She wished to be able to read the plan prior to the passage of this ordinance. Kate Kelly , 1185 Sunnyside Drive, reiterated the request to keep the record open. She said she enjoyed looking at natural drainage. She did not like curbs and gutters because water did not move in its natural way. She requested a reduction in the exemption from 3,000 to 1,000 square feet in order to decrease runoff from impervious surfaces. She stated that River Road drainage was handled by bioswales. She also wanted to review the stormwater basin master plan for the area. Rob Handy , 455 ½ River Road, submitted his testimony in writing. He asserted that the proposed stormwater ordinance and related Stormwater Manual had significant implications for development and the MINUTES—Eugene City Council May 8, 2006 Page 13 Regular Meeting related urbanization that “results from development.” He said staff had done a great job of educating the neighborhood organizations and others in an effort to inform citizens about the proposed policies. He also wished for the record to remain open, as the review and preparation of comments had “proven to be complex and time-consuming.” He averred that citizens from the River Road area wanted to offer “useful and reasonable” suggestions for improvements specific to the area’s basin plan. They had been challenged to do so because the issues were complicated. He shared two examples of issues of concern: ? Section 1.4(2) which outlined “destination design methodology” and which indicated that the City of Eugene developed flood control strategies for each of the drainage basins within the urban growth boundary (UGB) and published its findings, though he alleged that no strategy had been adopted for the River Road/Santa Clara basin; therefore the flood control design storm information did not have the necessary data to formulate the desired level of protection for the neighborhood. ? Section 2.2(1) which outlined the “simplified design methodology approach” and stated that a simplified approach was a process for selecting and designing combined pollution reduction and flow control facilities intended to save the project developer time and expense. He suggested in- cluding language that addressed the intent of the simplified design methodology and encouraged implementation of “natural systems’ functions where appropriate.” Mr. Handy thanked councilors Ortiz and Papé for their interest in the transition team issues for the neighborhood. Kate Perle , 4740 Wendover Street, reiterated concern that the stormwater basin master plan for the River Road/Santa Clara was incomplete. She surmised the plan could ultimately dictate how the neighborhood dealt with stormwater. She averred that the stormwater basin in that neighborhood was “distinctly different” from the other basins in the city. She said it was important that the considerations given to the headwaters area in the ordinance as written be allowed for other sensitive basins as well. She called it a “red flag” for her that much of the language in the manual intended to create systems and to build systems that “mimic” natural stormwater conveyance, filtration, and mitigation. She preferred to preserve what already existed. She averred that the River Road/Santa Clara area had stormwater systems designed by nature that she felt were “priceless.” She asserted that they performed at significantly higher levels than man-made replacements. She applauded areas of Washington that utilized best management practices for preserving native soils and vegetation. Tammie Stark , 843 Snell Street, stated that she was a rainwater harvesting consultant. She provided handouts regarding her work. She agreed with testimony in support of preservation of natural systems that were “already taking care of stormwater mitigation.” She supported the stormwater plan with the exception of the reporting requirements. She alleged that she heard from “some professionals” that such requirements were burdensome for them and expensive for clients. She wished to note, regarding rainwater harvesting, that an outcome-based policy would be greatly advantageous as opposed to a prescriptive policy. She believed it was important to have practitioner collaboration when reviewing code. She offered to provide free student labor through the Lane Community College Rainwater Harvesting Design and Build workshop, scheduled for this summer. Megan Kemple , 39 Cedar Street, reiterated the request to leave the record open. She said she found the information on the Web to be difficult to access and unclear. Anita Van Asperdt , 1754 Moonshadow Lane, stated that she was a professional landscape architect. She also requested more time. She echoed Ms. Stark’s comments. MINUTES—Eugene City Council May 8, 2006 Page 14 Regular Meeting Mayor Piercy closed the public hearing. Councilor Ortiz, seconded by Councilor Solomon, moved to leave the record open until May 22, 2006. Councilor Papé asked if the ordinance would affect the River Road/Santa Clara stormwater basin master plan. Ms. Keppler responded that Therese Walch, civil engineer for the Public Works Department, was working on the plan. She explained that they were in the process of calibrating the stormwater model in that area. She stressed that the plan was not dependent on the ordinance nor was the ordinance dependent on the existing structure of the hydrology in the area in order to operate. Regarding Mr. Handy’s comments, Ms. Keppler stated that in the basin plan, the level of risk and how many different areas should be protected from flooding was reviewed. She said all of Eugene had been looked at and there was a measure for how much risk was to be put “in flooding.” She clarified that what this meant was that if an area was less than 40 acres, development should be designed for a five-year storm event and, if it was larger, it should be designed for a 10-year storm event. She felt chances that a larger need would be created in the River Road/Santa Clara area were minimal. She did not see that higher levels of protection would be necessary. She underscored that the ordinance indicated that the stormwater systems would be designed according to the “flood control storm event.” She stated that this was not identified in the ordinance as a specific number. Councilor Papé asked if the ordinance was time-critical. Ms. Keppler replied that the reason this ordinance was before the City Council was because it was a requirement for the National Pollutant Discharge Elimination System (NPDES) permitting process. She said the permit required the City to adopt development standards, but it was not date-specific at this time. Councilor Papé asked if there could be information from the River Road/Santa Clara stormwater plan that would change part of the ordinance. Ms. Keppler replied that no information from the plan would impact the current ordinance before the council. Councilor Ortiz withdrew her motion. Councilor Ortiz, seconded by Councilor Solomon, moved to direct the City Manager to leave the record open until May 22 at 5 p.m. and not to bring the issue back before the council until after the River Road/Santa Clara master plan in regard to stormwater issues was complete. Councilor Kelly said if there was a link between the basin plan and this ordinance he would agree with the motion, but he did not see the link. He thought it would be bad public policy to make a “community collaboration political statement” on what was actually a matter of engineering. He was familiar with a basin plan and did not see a connection between the ordinance and such a plan. In response to a question from Councilor Kelly, Ms. Keppler affirmed that the ordinance essentially required someone who was building new development over a certain size to put systems in place to protect water quality. She added that it did not include any design parameters, but it did dictate that someone creating an impervious surface would have to show where the stormwater would be shunted and demon- strate that it would be treated if the impervious area was 3,000 square feet or greater. MINUTES—Eugene City Council May 8, 2006 Page 15 Regular Meeting Councilor Kelly asked if a public drainage way would be prohibited in any way should this ordinance be passed. Ms. Keppler responded that it would not. Councilor Kelly surmised that the ordinance did not have anything to do with such issues. Councilor Bettman asserted that the reason there were no design parameters in the ordinance was because the design parameters were going to be adopted by an administrative order that would be enabled by the ordinance. She said in terms of the waterway, the ordinance would not change the disposition of such a waterway unless development was planned. She did not think the council would be able to address the issues if it came back to the council as an action item. She preferred for it to come back as a work session. Councilor Bettman asked if the ordinance superseded the basin plan. Ms. Keppler replied that it did not supersede the plan; rather it was a complement to it. She said the basin plans may identify all of the major stormwater conveyance systems throughout the River Road/Santa Clara basin, just as it did throughout the other seven basins, but it was not meant to direct exactly how the water should be conveyed through the system. She reiterated that the ordinance merely looked at new development and what it needed to do with stormwater before the water left a development site. Councilor Bettman asked if “all of the details” were contained in the administrative order. Ms. Keppler responded that the sizing and design standards were there, but the requirements came from Chapter 9. Continuing, Councilor Bettman took issue with the exemption for a single-family and a double-family residential structure. She commented that it was interesting to see the argument that one of the reasons this exemption was made was so there would be equity throughout the City in terms of developing such a dwelling. Regarding River Road, however, she wondered how much of new development would be excluded from the ordinance. She believed that if the City really wanted its stormwater conveyance, flood control, and pollution control to be sustainable, the City needed to move more into “green infrastructure.” In response to a question from Councilor Kelly, Ms. Keppler affirmed that the master plans identified the capacity that the City wanted to have in the system and identified areas where they were deficient. She said the ordinance in front of the council was for development applications that came in. She clarified that if a land use application came in, such as a subdivision or a partition including a public street in which a developer would be required to construct public improvements, that would be addressed in the ordinance. Councilor Kelly asked what would govern those privately engineered public improvements at present. Ms. Keppler replied that currently, stormwater conveyance had destination standards in Chapter 9. She said it dictated that such public improvements would be constructed to standards that had been provided through Chapter 7 or in a public improvements design standards manual established by the City Engineer. She noted that the latter had been adopted in 2002 and was currently being revised. She related that the manual stated that stormwater facilities would be constructed to meet flood control levels. She stressed that it did not require keeping any open drainage and it did not require any pollution reduction. It also had no site development requirements. In response to a follow-up question from Councilor Kelly, Ms. Keppler said the manual dictated that closing an existing open drainage system would require further capacity of the entire basin to be con- structed. She added that the manual explained what a person would have to do to design that system. Councilor Bettman wished to clarify that the ordinance enabled the administrative order. MINUTES—Eugene City Council May 8, 2006 Page 16 Regular Meeting Councilor Kelly asked that the issue regarding exemption be clarified. He noted that one person testified that Portland had an exemption of 500 square feet. He requested information on why Eugene’s exemption was “so much higher.” Councilor Kelly also expressed concern that a large subdivision of single-family homes built in an existing PUD would be exempted from the stormwater ordinance. He wished to see language that would close the “big loophole.” Mayor Piercy called for the vote. Roll call vote; the vote on the motion was a 4:4 tie; councilors Papé, Bettman, Pryor, and Ortiz voting in favor and councilors Solomon, Taylor, Kelly, and Poling voting in opposi- tion. Mayor Piercy voted against the motion and the motion failed on a final vote of 5:4. Mr. Klein noted that the two motions had been combined and the request to keep the record open had been denied. Councilor Kelly, seconded by Councilor Taylor, moved to keep the record open for further written testimony until 5 p.m. on May 22. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy expressed concern regarding the time. Councilor Pryor requested that the council address Agenda Item 8 and defer Agenda Item 9, action on the Parks Recreation and Open Space project and priority plan, and work to “triage” the items pulled from the Consent Calendar. Mayor Piercy conveyed her support for addressing the two Consent Calendar items related to EWEB. Councilor Pryor, seconded by Councilor Kelly, moved to extend the meeting time by 20 minutes. Roll call vote; the motion passed unanimously, 8:0. 8. PUBLIC HEARING: An Ordinance Establishing Local Criteria in the West Eugene Enterprise Zone and Adopting a Public Benefit Scoring System; Repealing Resolution 4851; and Providing an Effective Date Mayor Piercy opened the public hearing. th Bob Cassidy , 1401 East 27 Avenue, lauded the committee for doing an excellent job on development of the local criteria. He felt the committee had made the plan better. He suggested that one more point toward the tax credit should be given to people who pay at least $9 per hour to their employees. Lou Christian , 80767 Turkey Run Road, Creswell, stated that he had been a County appointee to the committee and he supported the criteria. He felt the committee had engaged in a long, thorough discussion. Representing the building trades, he conveyed his union’s appreciation for the inclusion of the “Build Oregon Responsibly” language and the State apprenticeship criteria. He noted that much of the criteria gave points for jobs created by businesses taking advantage of the Enterprise Zone benefits and it was good MINUTES—Eugene City Council May 8, 2006 Page 17 Regular Meeting that the construction jobs were being included in the tax credits as well. He greatly appreciated that job creation was being recognized “on the front end,” as well as when construction was completed. Roger Kaldahl , 2350 North Terry Street, #99, stated that he represented approximately 200 construction men and women who worked and lived locally and underscored that they supported local businesses and paid local taxes. He stated that they supported the West Eugene Enterprise resolution. He said when considering giving a contractor a construction bid, one would expect the contract to be a responsible citizen that paid employees a living wage, provided a full family health plan, and supported the community’s future by supporting State-approved apprenticeship programs. Majeeska Seese-Green , P.O. Box 11692, conveyed the support of the Whiteaker Community Council for the community standards being considered by the council. nd Mitch Hanan , 385 72 Street, Springfield, supported the ordinance. He said he worked in the construc- tion trade. He felt it was important to support living wage jobs with good family benefits. Mayor Piercy conveyed Lane County’s support for the existing recommendations submitted by the Enterprise Zone Task Force, as provided by Lane County Commissioner Bobby Green. Mayor Piercy closed the public hearing. She called for council questions and comments. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Council Bill 4923, an ordinance establishing local criteria applicable in the West Eugene Enterprise Zone and adopting a public benefit scoring system repealing Resolution 4851 and providing an effec- tive date. Councilor Bettman opined that it was unfortunate that the criteria applied to “such a minimal amount” of the development in the zone. She felt the criteria were negligible. She said she supported community standards, but the effort of the committee had failed to tie the standards to jobs created and there were several pieces she considered to be “giveaways” in terms of the point system. She called it “almost an illusion of standards.” She indicated she would oppose the motion. Councilor Pryor acknowledged Mr. Cassidy’s comments. He thought it was an intriguing option, but since they were working with Lane County as a partner and the City was trying coordinate its efforts with those of the County, he would support the motion as it stood. He thought it would be possible to discuss an additional point for higher wages at a later date. Councilor Kelly said he wished to echo “90 percent” of Councilor Bettman’s comments. He thought it unfortunate that the community standards applied to “such a small percentage” of the tax exemption. He continued to feel that the council was misled during the original application of the Enterprise Zone as to what could be included in terms of community standards. He commented that he would have opposed the Enterprise Zone had he known that the community standards did not govern the entire tax exemption. He said he would support the motion as it was better than nothing. Councilor Taylor called the standards “meaningless” and only slightly better than the previous standards. She said she would oppose the motion. MINUTES—Eugene City Council May 8, 2006 Page 18 Regular Meeting Councilor Bettman raised a point of process. She stated that when the council voted to extend the meeting, the premise had been that it would only listen to the testimony and then would adjourn. She felt putting the motion on the table at that point was inconsistent with the intent of the council. Mayor Piercy understood the decision to address the agenda item as a decision to take the agenda item to completion. Councilor Taylor objected to taking action and the motion was deferred. Mayor Piercy pointed out to the council that the meeting would end without having completed all of the work. She anticipated that more time would have to be scheduled. Councilor Papé noted that the time the council voted to end the meeting by had not yet transpired. Councilor Papé, seconded by Councilor Poling, moved that the council address Consent Calendar Item G before adjournment. Roll call vote; the motion passed, 5:3; councilors Bettman, Solomon, and Taylor voting in opposition. 9. ACTION: Resolution 4863 Approving the Parks, Recreation, and Open Space Project and Priority Plan This item was deferred due to the lateness of the hour. 10. Items Removed from the Consent Calendar Mr. Klein reminded the council that the motion to approve Item G, adoption of Resolution 4871 authorizing the issuance and sale of electric utility system revenue bonds in the aggregate principal amount of not to exceed $8 million for the purposes of financing capital improvements to the electric utility system and related matters, was already on the table. Councilor Papé indicated he would support the resolution. He expressed appreciation to EWEB Commis- sioner Ron Farmer for meeting with Councilor Poling and him. He related that Commissioner Farmer believed that $8 million was high and indicated he would work to try and reduce this amount, particularly with regard to any redesign of the current EWEB administration building. Councilor Papé also commented that he would like to see a better relationship between EWEB and the City Council. He recalled that the last meeting of the EWEB Board and the council was at least six years earlier. He felt, since both entities were governed by the same charter, they should meet at least on an annual basis. He suggested that the Mayor and Council President meet with the President of the EWEB Board in order to move toward working more cooperatively. Mayor Piercy responded that this was already underway and the meetings were scheduled. Councilor Bettman said she appreciated the information that EWEB provided to the councilors. She opined that $8 million was a lot of money. She asserted that the ratepayers would have to pay for it and should be made aware of this. She questioned why EWEB was going out for the whole $8 million given that one of the commissioners was questioning the necessity of that amount. MINUTES—Eugene City Council May 8, 2006 Page 19 Regular Meeting Councilor Bettman felt Mr. Hale made a very good suggestion. She agreed some of the line items that were presented in the documents provided to the councilors should have been in the existing budget. In response to a question from Councilor Bettman, Mr. Klein affirmed that a person would have 60 days to gather signatures to put a referendum in to bring the bond to a ballot. Councilor Bettman asked how many signatures it would take. Mr. Klein replied that the law required signatures from five percent of the legal voters for such a referendum to be placed on the ballot. Councilor Bettman said she would vote for the resolution and see whether there was enough public sentiment to place it on the ballot. Councilor Kelly also appreciated the additional information. He had ascertained that a rate increase of around .4 percent could be possible, but this increase was in no way certain. Councilor Kelly echoed the desire for a better working relationship between the EWEB Board and the City Council. Additionally, Councilor Kelly remarked that the master planning process for the existing site had struck him as something that should be conducted with input from the Planning and Development Department. Mayor Piercy related that she met several times with EWEB staff and commissioners and it was agreed by both parties that the City and EWEB needed to meet more. Roll call vote; the motion to adopt Resolution 4871 passed unanimously, 8:0. The meeting was adjourned at 10:38 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council May 8, 2006 Page 20 Regular Meeting NAME OF MEETING: Eugene City Council DATE OF MEETING: May 17, 2006–Work Session TO: Beth Forrest RECORDED BY: Lynn Taylor MINUTES FILE NAME: M:\2006\Central Services Department\City Manager's Office\City Council\Cc060517m1.Doc BACKUP STORAGE: Lynn #26 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 5/24/06 lt Draft to Staff (Date & Initials) Reviewed/Returned by Staff Returned to Minutes Recording 6/5 Proofed/Revised by Minutes Recording 6/6 ky Returned to Staff Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ATTACHMENT C M I N U T E S Eugene City Council Work Session McNutt Room—Eugene City Hall May 17, 2006 Noon COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Bonny Bettman, David Kelly, Gary Papé, George Poling, Chris Pryor. COUNCILORS ABSENT: Betty Taylor. A. WORK SESSION: City Council Priority Issue – Develop a Strategy to Help the Homeless in Eugene Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She announced that Public Works Director Kurt Corey was named one of the top ten public works leaders of the year by the American Public Works Association (APWA). City Manager Dennis Taylor introduced Library, Recreation, and Cultural Services Executive Director Angel Jones and Urban Services Manager Richie Weinman to present options for assisting the homeless population and/or addressing the local impacts of homelessness. Ms. Jones said the presentation would provide information obtained from local service providers, community stakeholders, the homeless population, and advocates for the homeless and frame a discussion of options for the council to consider when it provided direction to staff. She said that many of those who participated in the examination of options were in the audience and available to answer questions. Mr. Weinman said the City’s staff team and others in the community worked together to develop a strategy to help the homeless. He used a slide presentation to illustrate the issues, needs, conclusions, and response options. He hoped to obtain direction from the council in several areas: budget parameters, target population(s), and preferred response. He said the homeless had many faces and homelessness was the most acute symptom of poverty. He said there were two categories of homelessness: situational and chronic. He said that many people experienced situational homelessness because of an unanticipated financial crisis; situational homelessness was often preventable and people often regained housing. He said those who did not return to housing became chronically homeless and the chronic population was increasing and the most expensive to address. He said in Eugene over 1,300 people were assisted by shelters or turned away on any given night. He said the homeless population included families, youth and children, adults without children living with them, single, chronically homeless adults, the mentally ill and veterans. He summarized the conclusions of the work group: ? Homelessness is very costly to the community ? Homelessness will not go away on its own ? If not dealt with now, the problem will continue to affect all of Eugene MINUTES—Eugene City Council May 17, 2006 Page 1 Work Session ? Assets: extraordinary cooperation between the public sector and nonprofit service providers and opportunities to maximize grants ? Everyone needs a safe and stable home ? Rents are out of reach for many people with fixed or lower incomes ? The American dream used to be home ownership; for an increasingly large number of people it is simply to have a home ? To succeed in school and in life, children need a safe, stable place to call home ? Homelessness costs the community in terms of public safety, public health, public education, and parks and recreation, and can destroy families, lead to dangerous and illegal behaviors, rob people of their dignity, and reflect poorly on the community Mr. Weinman said that 95 percent of those who received services were rooted in the community and not coming here from elsewhere. Resolving the problem locally would make a difference. He asserted that the problem could be solved, but not quickly or inexpensively. He said the most effective response was prevention, both programmatically and financially. He presented four tiers of response options: Tier 4 Identify a long-term funding source to subsidize housing and fight homelessness Tier 3 Identify one or more programs to financially support now: prevention/intervention, emergency shelter, service-enriched housing, access centers, transportation assistance Tier 2 November 2005 recommendations: increased library access, internet access at homeless cen- ters, Safe and Sound funding continuation, utility assistance Tier 1 Current City activities: Human Services Commission, homeless camping facilitation, Looking Glass Station 7, White Bird CAHOOTS Mr. Weinman said that the staff recommended the Tier 4 response option to identify a stable, long-term funding source. He said an alternative recommendation was to continue Tier 1 and 2 activities and provide $300,000 to fund the following Tier 3 activities: ? $100,000 – one-time emergency payments to prevent homelessness ? $50,000 – emergency permanent housing for domestic violence victims ? $100,000 – increased hours at access centers ? $50,000 – transportation assistance Mayor Piercy called on the council for questions and comments. Ms. Ortiz thanked all those who participated in efforts to address homelessness. She said the City did a lot but more was needed, particularly to help people break out of the cycle of homelessness. She acknowledged the cooperation among service providers to ensure there was no duplication of services or “fat” in the system. She commended those who served the homeless and the work they did in the community. Mr. Pryor also commended staff for the work done. He said it was an extraordinarily difficult issue not only because of the financial and population questions but the preconceptions around the issue. He said that simply moving the problem around the community was not a workable solution and he liked the “best practices” approach around the key issues of housing, health and livelihood, which were cornerstones of a successful strategy. He said that misconceptions about whether the problem was imported instead of local and who constituted the homeless population were stumbling blocks that would need to be addressed through community education. MINUTES—Eugene City Council May 17, 2006 Page 2 Work Session Ms. Piercy agreed that it was important to have a strategic plan for moving forward. She said that community awareness and ownership of the problem was critical. She found all of the issues compelling but particularly compelling was the plight of homeless children with no one to care for them. She was concerned that even with temporary shelter available, youth had to leave in the morning and had no place to go until the evening. She said there was State-level interest in the problem and urged that the City have a legislative plan to ask the State to partner in efforts to resolve homelessness. Mr. Kelly stated it was immoral that such a level of homelessness existed in a wealthy country and community and while it cost money to address, it was also expensive in emotional, psychological and financial terms to not do something. He preferred an approach that mixed prevention services and services to the currently homeless and sought a long-term funding source while providing funds for services now. He would leave it to the professionals to identify a target population and asked if there were alternatives to the General Fund for shorter term funding of services. Ms. Jones indicated that the Telecom Fund was used for internet access services but everything else was through the General Fund. Mr. Kelly referred to his proposed motion for the upcoming Budget Committee meeting and said he intended to double his request and ask for one-time funding of $150,000 to provide $50,000 each to one-time emergency payments, day access centers, and transportation. He indicated the next year could then be spent seeking long-term, stable funding. Ms. Bettman thanked staff and providers for their recommendations and continued work on the issue. She asked for clarification of the proposed motion. Ms. Jones replied that a motion could incorporate one or more of the tiers set forth in the presentation and that would provide direction for staff to proceed. City Manager Taylor added that developing a long-term, stable funding source was predicated on the idea that homelessness was a high-level, long-term community issue and, while it was appropriate for the City to provide leadership, it would require collaboration with partners in a multijurisdictional, public/private initiative to develop a long-term strategy in the region. Ms. Bettman asked how the recommendations correlated with the Lane County homelessness report. Mr. Weinman said the report outlined a strategy for the future but did not provide funding beyond State and federal funds that were currently diminishing. Pearl Wolfe, Lane County Human Services Commission, said the draft plan would be available for public comment during the summer and she hoped the Board of County Commissioners would adopt it shortly after the first of the year. She said the plan identified service and funding gaps and while federal dollars could fill some of those, more resources were needed and local long- term multijurisdictional planning was essential. Ms. Bettman said she was unclear about the multijurisdictional aspect and was concerned because she felt that other partners who were not as passionate about the issue had contributed to its lack of progress for so many years. She supported a multi-tiered approach but did not think that homelessness could be solved because it was a societal reality, would always be present and required an ongoing commitment to address. She was interested in the Tier 3 approach and preventing homelessness among children was a high priority for her. She said that transportation assistance helped people but she questioned the amount proposed. Mr. Weinman said that service providers had reported an enormous unmet need for rides and felt that $50,000 was a reasonable amount to meet current needs. He said he hoped to negotiate with LTD for a reduced cost for tokens, with some supplemental funding by agencies. Mr. Papé also thanked staff for the presentation. He favored one-time payments to prevent homelessness and said if a target population was identified it should be youth. He asked if a central source of information easily accessible to people in trouble was being developed and tested with the homeless population. Ms. MINUTES—Eugene City Council May 17, 2006 Page 3 Work Session Jones said that was part of the access to library services and internet access at service provider locations initiative. Mr. Papé asked how many people were assisted and how many were turned away on any given evening. Ms. Wolfe replied that the County’s snapshot one-night shelter count indicated that 1,100 people received shelter and 200 were turned away. Mr. Papé noted that approximately 95 percent of the homeless were local citizens and a strong community awareness campaign would help the public understand it was a local problem. Ms. Solomon asked how the school districts were addressing the problem of homeless youth. Kasey White, 4J School District homeless liaison, said the district received a federal grant to provide transportation assistance in the form of bus passes, although transportation was a critical issue and she often exceeded her budget. She also assisted homeless families with enrollment, documentation, immunization, and other logistics of school attendance. Ms. Solomon, seconded by Ms. Ortiz, moved to support a strategy to establish a stable funding source to address prevention, intervention and treatment of homelessness in Eugene by appointing a multijurisdictional (public/non-profit) committee and charging the commit- tee with the task of identifying a funding source, a revenue goal and an allocation process. Mr. Kelly said there was no broad community awareness or commitment on homeless issues and one way that people could be encouraged to help was if there was something they could do as individuals. He was interested in a program similar to the one in Portland that would allow someone to hand out a voucher for services instead of spare change when approached on the street. He asked if staff considered such a program. Mr. Weinman said that providers considered such a campaign and while the Portland campaign was showy, it was not as effective as it sounded in terms of actually connecting people with services and having a significant impact on the issues. He noted that Portland and other large cities had different issues than smaller communities and in Portland there was a gross receipts tax on downtown business to help get people off the streets. Mr. Kelly challenged the staff team to develop ways in which individuals could make a difference. Mr. Kelly, seconded by Ms. Ortiz, moved to amend the motion to provide $150,000 to be divided among one-time emergency payments, additional hours for access centers, and transportation assistance. In response to a question from Ms. Solomon, Mr. Weinman said that one-time emergency housing payments were typically provided directly to the landlord. Ms. Solomon emphasized the importance of not reducing the funds available for emergency housing and transportation assistance by using any of the allocation for administrative costs. Ms. Ortiz noted that there were mechanisms in place to administer those programs and there would be no additional costs. She asked if LTD was willing to be flexible with its bus tokens program. Mr. Weinman related that in his discussions with LTD staff they had indicated a willingness to be flexible with current policies and look for more opportunities. MINUTES—Eugene City Council May 17, 2006 Page 4 Work Session Mr. Poling thanked those who had worked on the issue of homelessness. He agreed with Ms. Solomon’s point regarding use of funds for administrative purposes. He asked if there were mechanisms in place to ensure that services were provided to those in need and eliminate abuse of the system. Mr. Weinman said that all of the organizations who worked with the homeless tracked services to ensure there was no duplication of service or system abuse; however, many individuals required assistance several times before they were successful, while others only needed one-time help. Mr. Papé said he would support Mr. Kelly’s amendment although he would prefer to concentrate on prevention and youth. Mr. Papé offered a friendly amendment to require an annual report on short- and long-term goals. Mr. Kelly accepted the friendly amendment. Ms. Bettman said that the single-tiered approach of funding human services and affordable housing it was in the context of drastic budget cuts, but the City now could afford to transform its approach. She appreciated Mr. Kelly’s proposal of $150,000 and while she did not think it was adequate, it was unlikely there would be support for a larger amount. She pointed out that $38,000 was being spent for Working City and that was a perfect venue for educating the public about an issue like homelessness. Mr. Papé suggested that neighborhood newsletters, supported through the City’s budget, should be required to include a section periodically that presented information on the homelessness issue. The motion to amend passed unanimously, 7:0. Ms. Bettman said that while investments could be made in prevention and treatment services, there would always be a component of the population that required emergency shelter. She noted efforts to clean up the river and abolish campsites and expressed concern about sanitation and dignity. She emphasized the need for shelters for the chronically homeless and asked if emergency shelter should be added to the motion as a discreet component. Mr. Weinman agreed with Ms. Bettman’s points. He said the challenge of emergency shelter was that it was extraordinarily expensive and not an effective long-term solution to homelessness. Ms. Bettman said she was referring to a campsite with sanitary facilities and supervision, not a building. Mr. Weinman replied that such a proposal would require more study and review to determine whether it was feasible, estimated costs, location and how it could be operated. Ms. Bettman asked that the multijurisdictional task force include a possible campsite in their consideration of solutions. Mr. Kelly said his purpose in proposing one-time funding was that it was coming at the end of the budget process but his expectation was that the exploration of long-term funding would include planning for FY08 and a continuation of FY07 services. Mr. Pryor said he would not be able to attend the upcoming Budget Committee meeting but strongly encouraged support for Mr. Kelly’s proposal. The main motion as amended passed unanimously, 7:0. MINUTES—Eugene City Council May 17, 2006 Page 5 Work Session B. WORK SESSION: Payday Loan Reform Ordinance City Manager Taylor commented that the work session was requested by the council and introduced Intergovernmental Relations Manager Jason Heuser to present the issue. Mr. Heuser said he had been tracking activity on the issue at both the local and State level. He introduced Laurie Trieger of FOOD for Lane County, and an advocate for payday loan reform who was available to answer questions. He said that the payday loan industry was used by a growing segment of the population who lived from paycheck to paycheck as they were part of the lower wage service sector economy. He said that payday loans were short-term, high-interest rate loans used by people who were cash insecure, lacked credit, and were “unbanked.” He said many people used payday loans as an alternative to banking and the average customer took out 11 loans per year. Only two percent of customers were one-time users. He said that roughly eight percent of American families held no financial assets such as bank accounts, retirement accounts, or life insurance and they missed out on the long-term convenience, security and efficiency, counseling and wealth-building opportunities that banks and credit unions could offer to consumers. Payday lending practices placed borrowers at risk of greater indebtedness and long-term credit problems, although they do meet a certain need. He related that a survey of borrowers revealed that 74 percent were unable to repay loans when they came due. He said that banks and credit unions had been unwilling to enter into the payday loan business and offer loans at lower rates. Mr. Heuser said there was a long-term strategy to address the problem that included new or improved services from traditional banks and credit unions and publicizing those services to low-income individuals. Until that strategy was implemented, governments were beginning to take action to balance consumer health with industry profitability. He said that Oregon lagged behind the rest of the country in regulating payday loans and only four cities—Portland, Gresham, Troutdale and Beaverton—had taken steps to bring the industry closer to more mainstream financial services by enacting local ordinances requiring a 25 percent pay down of principle as requisite for each loan renewal, establishing payment plan options and allowing a loan to be canceled within 24 hours (buyer’s remorse). He said that in April 2006 the Oregon Legislature capped high interest rate down to 153 percent APR (annual percentage rate) over a specified minimum loan term of 31 days, but did not address any of the other issues contained in local ordinances. Mayor Piercy called on the council for questions. Ms. Solomon asked why Portland had not included a cap on the interest rate in its local ordinance. Mr. Heuser said that State law prohibited local governments from exercising that authority. Mr. Kelly thought that payday loan practices were immoral and Eugene should move forward with a local ordinance similar to those enacted by other cities. He noted that the Portland ordinance required a $1,500 annual permit fee per storefront and asked if other local ordinances imposed something similar. He also asked how the permit fee was used. Mr. Heuser said he would research the issue and provide a response when the issue was again considered by the council. Mr. Papé was in favor of taking whatever local action was necessary to prohibit usury and expressed disappointment in the legislature’s failure to effectively address the issue. He said if the State took reasonable and timely action to regulate the industry, the City should back away from local ordinances and let State law prevail. Ms. Ortiz thanked the council for moving quickly on the issue. She asked if there was any type of regulation currently on the payday loan industry. Mr. Heuser said there was some oversight by the Oregon Department MINUTES—Eugene City Council May 17, 2006 Page 6 Work Session of Consumer and Business Services and there were licensing requirements and certain conditions placed on specifying loan terms and the number of renewals allowed. Ms. Ortiz said that consumers reported that loan terms and interest rates were generally not well displayed in storefronts and asked Mr. Heuser to check into the effectiveness of enforcement of those requirements. Mr. Poling asked if the ordinances enacted by other cities were essentially the same. Mr. Heuser said they were almost identical except for language variations to comply with local codes. He said that was done intentionally to ensure a homogenous statewide approach would make it easier for the industry to comply. He said Eugene’s proposed ordinance would be based on that model. Mr. Poling joined in Mr. Kelly’s request for more information about the $1,500 annual permit fee. Referring to Mr. Papé’s suggestion to remove the local ordinance if the State enacted regulations, he asked if it would be to the City’s advantage to pursue violations through Municipal Court instead of the State courts and would that be possible if there was no ordinance. City Attorney Glenn Klein said if there was a violation of State statute, it would be cited into State court, but most provisions established the violation as civil rather than criminal. He said the City of Eugene had typically dealt with civil violations through an administrative process because it was less expensive than using Municipal Court. Ms. Solomon, seconded by Ms. Ortiz, moved to direct the City Manager to prepare a draft ordinance consistent with the model ordinance adopted by other Oregon cities for City Council consideration. The motion passed unanimously, 7:0. The meeting adjourned at 1:20 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council May 17, 2006 Page 7 Work Session NAME OF MEETING: Eugene City Council DATE OF MEETING: May 22, 2006–Work Session TO: Beth Forrest RECORDED BY: Lynn Taylor MINUTES FILE NAME: M:\2006\Central Services Department\City Manager's Office\City Council\Cc060522m1.Doc BACKUP STORAGE: Lynn #26 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = R O U T I N G I N F O R M A T I O N 5/25/06 lt Draft to Staff (Date & Initials) Reviewed/Returned by Staff Returned to Minutes Recording 6/5 ky Proofed/Revised by Minutes Recording 6/6 ky___ Returned to Staff Council Amendments Incorporated = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = ATTACHMENT D M I N U T E S Eugene City Council Work Session McNutt Room—Eugene City Hall May 22, 2006 Noon COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, Bonny Bettman, David Kelly, Gary Papé, George Poling, Chris Pryor, Betty Taylor. A. Committee Reports and Items of Interest from May, City Council and City Manager Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She reported that she attended the annual police awards ceremony and congratulated the officers and civilians who were recognized at the event. She noted that it was Asian Pacific Heritage Month and she attended a martial arts presentation over the weekend. She announced that the council’s advice and direction on the West Eugene Parkway collaborative process would be sought at the May 25, 2006, meeting. Ms. Ortiz reported that she attended the Willamette Valley Folk Festival held at Cuthbert Amphitheater and was pleased to see the number of families in attendance at that venue. She invited councilors to participate with the Human Rights Commission at the We Are Bethel Celebration on June 3, 2006. Mr. Papé thanked staff for helping to find space for a youth center in downtown. He attended the police awards ceremony and found it to be a moving experience, particularly the awards to citizens who assisted officers with the apprehension of suspects. Mr. Poling said the Harlow Neighbors newsletters announced a second workshop for the Willakenzie Park discussion and the date was in error; the meeting was actually scheduled for Tuesday, May 30, at 6:30 p.m. at Monroe Middle School. He asked if there was an established schedule for routine park maintenance. City Manager Taylor said that in addition to a routine maintenance schedule established for all parks, the City responded to citizen concerns as they were raised. Mr. Kelly thanked City Manager Taylor and staff for approving the Hult Center as the site for the Japanese- American memorial. He mentioned that approximately $15,000 was still needed for the project. He asked the City Manager to provide the council with results of the Fairmount neighborhood and Agate Street traffic studies as soon as they were available. Ms. Taylor commented that she recently returned from a meeting of the Human Development Steering Committee for the National League of Cities where policy recommendations on immigration reform, long- term health care and concentrated poverty were discussed. She said the discussion of concentrated poverty emphasized the importance of keeping a middle class in the city and in Eugene’s case that meant keeping people close to downtown. She said the use of mixed-income housing, or inclusionary zoning, was another strategy she hoped the council would consider for both houses and apartments. She was concerned about permitting political statements from candidates in neighborhood newsletters and noted that statements from MINUTES—Eugene City Council May 22, 2006 Page 1 Work Session some candidates and not others were included in the Cal Young newsletter. She stated that charging interest to landlords on unpaid rental fees was harassment and no interest should be charged once the late fee was paid. Ms. Solomon thanked those who participated in the tour of Golden Gardens Park and hoped all councilors could eventually visit the park. City Manager Taylor conveyed his thanks to the Budget Committee for its hard work and difficult decisions and to Kitty Murdoch, DeeAnn Hardt and Finance staff for their efforts. With reference to the candidate statements in the Cal Young newsletter, Mr. Papé pointed out that all candidates for all offices in the area were invited to provide statements. B. WORK SESSION: Judicial Evaluation Committee Report City Manager Taylor introduced Court Administrator Marilyn Nelson to present the Judicial Evaluation Committee’s report on Municipal Court Judge Wayne Allen. Ms. Nelson stated that a formal evaluation process was conducted once every four years and involved a committee of citizens appointed by the council. She described the evaluation process steps as set forth in the code and introduced Lane County Circuit Court Judge Kip Leonard to present the results of the evaluation on behalf of the committee. Judge Leonard provided an overview of the evaluation process. He said the Municipal Court was a very high volume court and handled about 31,000 case filings, exclusive of parking citations, annually. It was a very efficient court and handled issues of great significance to the community, both from the aspect of criminal behavior and the aspect of quality of life, requiring a very human touch. He said the evaluation instrument was sent to users of the Municipal Court, including defense attorneys, prosecutors, police traffic officers, interpreters, advocates, other judges of the court and court staff. He said the response rate was 24 percent and appeared to be representative of those surveyed. He said the survey and tabulated results were provided in the agenda packet and Judge Allen was rated highly overall by users of Municipal Court. He read some of the compliments from respondents and noted one comment regarding lack of community outreach efforts. He commented that judges faced restrictions on community outreach activities because of the need to appear impartial on all issues, which prevented them from taking a position on an issue. Despite those limitations, Judge Allen was a strong advocate for bilingual services and establishing a mental health court. He concluded by stating that Judge Allen saw a number of issues on the horizon and planned for the future of the court to effectively manage change; the committee recommended that Judge Allen be appointed to another four-year term. Mayor Piercy called on the council for questions and comments regarding the report. Mr. Kelly thanked Judge Leonard and the committee members for their work. He asked about a comment from a defense attorney in the evaluation that court staff obstructed access to case files. Ms. Nelson replied that court staff followed the City’s public information policy; it was not the practice to deny attorneys access to case files and requests were routinely honored. She was not certain what had occurred in the situation that was cited. MINUTES—Eugene City Council May 22, 2006 Page 2 Work Session Mr. Kelly asked why a defendant survey was conducted in 2002, 2003 and 2004 but not in 2005. Ms. Nelson said that because of budget constraints the survey, which had previously been done twice a year, was now done once each year. She said the lack of a survey in 2005 was due to a change in timeline for the distribution of the survey. She said a survey was recently completed but results were not available in time to include in Judge Allen’s evaluation. Mr. Papé complimented the council for requiring judicial reviews. Ms. Bettman also appreciated the evaluation process. She suggested that in order to increase the response rate from defense attorneys the evaluation committee could conduct follow-up phone calls to encourage a higher response rate. Mayor Piercy also thanked the committee. She asked why such a small number of defense attorneys participated in the evaluation. Judge Leonard said that only a small number of attorneys practiced in Municipal Court because of the contract to provide public defender services and a high percentage of defendants were indigent; consequently, most defense attorneys in the community did not appear in Municipal Court or did not appear often enough to do a fair evaluation. C. WORK SESSION: Measure 37 Givings Tax City Manager Taylor said the council had been searching for a balanced and measured response to Measure 37 since it was passed by the voters. He said there had been two work session to discuss options. He introduced Planning and Development Executive Director Susan Muir and City Attorney Glenn Klein and complimented their efforts to develop innovative recommendations for the council. Mr. Klein highlighted the detailed information provided in the Agenda Item Summary (AIS). He said at its January 25, 2006, meeting, the council directed staff to consider Option 1 and a modified version of Option 3 of the four options presented. A staff team reviewed those two options, conducted financial analyses and concluded that Option 1 could be implemented without significant administrative costs and most of the money raised could be set aside for payment of Measure 37 claims. Option 3 would entail greater administrative costs to implement and a greater share of the revenue would not be available to pay claims. Continuing, Mr. Klein said the analysis used 2005 as an example year for implementation and found that as a result of upzonings, there was an increase of about $2.25 million of additional real market value. He said a tax imposed on just that upzoning value would result in $113,000 for each five percent of tax. He said that 2005 was a fairly typical year with 25 upzonings, but that number could vary from one year to another. He said the recommendation based on council direction to date and the ability to implement without significant administrative costs was that the council direct staff to draft an ordinance to implement Option 1 with the tax rate to be determined. He said the ordinance, which would involve amendments to Chapter 9, would go first to the Planning Commission for recommendation to the council. Both the commission and the council would hold public hearings and discussions on the draft ordinance. Mayor Piercy solicited comments and questions from the councilors. Mr. Kelly said that Measure 37, by requiring compensation but not providing funding for it, placed jurisdictions in the situation of not being able to do land use well unless they developed funding sources for those claims. He complimented staff for creative thinking and a thorough analysis of options. He initially preferred Option 3 but acknowledged the challenges to implementation. He said he would support Option 1 MINUTES—Eugene City Council May 22, 2006 Page 3 Work Session and encouraged staff and councilors to consider whether a further-focused Option 3 could complement Option 1. He could accept a 20 to 25 percent tax rate to establish a reasonable fund to pay claims since the tax was only on the increase in value due to rezoning. He asked if urban growth boundary (UGB) expansions would always be covered by Option 1 or only in certain situations. Mr. Klein replied that a UGB expansion initiated by the property owner would be quasi-judicial and covered by Option 1. He said that an expansion initiated by the government was a legislative process and could be included in Option 1 if the council wished to capture those. Mr. Klein noted there was far more increase in value associated with bringing land into the UGB than with most rezonings. Mr. Kelly asked staff to explore the impact of including government-initiated UGB expansions under Option 1. Ms. Bettman commented that the City only had two current Measure 37 claims, but one of those already used considerable legal resources. She viewed the fund as a way to possibly offset those expenses as well as to pay claims. She appreciated the recommendation of Option 1 and said when the motion to direct staff was being considered she would propose an amendment to not limit it to citizen-initiated rezoning or changes in designation. She felt that was fair because people with large projects could have leverage to get the jurisdiction to initiate a zone change or UGB expansion that was not available to everyone. She cited several recent examples. She said because the jurisdiction was increasing the value of a property through legislative or quasi-judicial action, it was asking for a refund of a small portion of that benefit to come back to the City and offset and balance Measure 37 claims. She suggested it should be called a “givings recovery fee” or “benefit refund” instead of “givings tax.” Mr. Papé said that the recommendation of Option 1 seemed a reasonable approach to Measure 37 but was very concerned about burdening someone with a tax when the change that resulted in an increase in value was initiated by the jurisdiction. Mr. Pryor concurred with Mr. Papé’s concern and would support Option 1 in its current form where it applied to citizen-initiated changes only. He said that Measure 37 was a voluntarily initiated process and the givings tax mechanism should also be. Ms. Bettman appreciated concerns about zone changes initiated by the City and those would be covered under the legislative provisions of Option 3; however, in a situation where the City brought property into the UGB, the fee could be recovered either when the property was sold for a higher value or the land owner made an application to change the use, such as from farm land to residential. She thought those situations could be accommodated under Option 1 and would offer an amendment to delete references to citizen- initiated and include alternate language. She suggested 25 percent as the tax rate and expressed interest in an exemption for very small rezonings with an increase in value of less than $1,000. Mr. Poling was not certain he could support Option 1 unless it applied only to citizen-initiated rezonings. He asked if the percentage rate could remain unspecified until after the public hearings. Mr. Klein replied that it would be better to include a percentage to which people could react; the rate could always be changed later based on public input. Mr. Poling said he could support the option only if it applied to citizen-initiated changes and had a tax rate no higher than 25 percent. He said that no matter what it was called, it was still a tax and would be perceived as one by the public. MINUTES—Eugene City Council May 22, 2006 Page 4 Work Session Mr. Klein clarified that the term “citizen-initiated” meant requested by the property owner because the rezoning would not become effective until the tax was paid. Ms. Taylor said she would support Option 1 with a 25 percent tax and Ms. Bettman’s amendment with the caveat that the tax would not be collected until the use changed. She felt that Option 3 was too expensive to implement. Mr. Papé thanked staff for a well written AIS. He asked if churches and nonprofit organizations would be exempt from the givings tax. Mr. Klein said the option did not contain any exemptions as written, although the council could direct staff to include specific exemptions. Mr. Papé asked when a property would have increased value on the tax rolls and provide increased revenue. Senior Management Analyst Larry Hill said that Lane County typically did not revalue property that had a change in use or plan designation until the County became aware that the change had actually occurred and that could be immediately or months or years later. He said typically the County was notified that a change occurred when there was a land use permit filed and the City transmitted that information to the County. He said it was not possible to rely on the County’s tax records to indicate the value at the current zoning or plan designation. Referring to Ms. Bettman’s proposal to not tax property brought into the UGB until it was sold, Mr. Papé said he could not agree with that if the new owner was going to keep the property in the same use, such as a homestead. Ms. Solomon said the option still felt like double taxation and she would not support it. Ms. Solomon, seconded by Ms. Ortiz, moved to direct the City Manager to prepare an ordi- nance for Option 1 with a flat tax percentage of a range and schedule a public hearing be- fore the Planning Commission and City Council on the draft ordinance. Ms. Bettman offered 25 percent as a friendly amendment. Ms. Solomon declined to accept the amendment. Ms. Bettman, seconded by Ms. Taylor, moved to amend the motion to specify a flat tax of 25 percent. Ms. Bettman said the tax rate representing a starting point for discussion. She said that Measure 37 liability in terms of future claims would require a funding source. Mr. Kelly said that the rate would give the public something to react to during public hearings and he would support the amendment. The vote on the amendment to the motion was a 4:4 tie; Ms. Bettman, Ms. Taylor, Mr. Kelly, and Ms. Ortiz voting in support, and Mr. Papé, Mr. Poling, Mr. Pryor and Ms. Solomon voting in opposition. Mayor Piercy cast a vote in support of the motion and it passed on a final vote of 5:4. Ms. Bettman, seconded by Mr. Kelly, moved to amend Option 1 as reflected in Attachment A by deleting the words “citizen-initiated” and “site-specific” and providing a triggering MINUTES—Eugene City Council May 22, 2006 Page 5 Work Session mechanism for nonsite-specific zone changes or Metro Plan or refinement plan changes of designation. Ms. Bettman explained that currently the option was site-specific and the issue of the UGB was a nonsite- specific matter. She said if there was a triggering mechanism for those nonsite-specific changes, then a property owner who did not want to take advantage of a new designation did not have to pay the recovery fee until the property was sold or the use was changed. She said deleting citizen-initiated eliminated confusion about the all-inclusive nature of the option. Mr. Kelly asked how site-specific was interpreted and whether it applied to particular parcels of land. Mr. Klein said he understood Ms. Bettman’s intent was for the option to cover not only quasi-judicial actions but also certain legislative actions and where those legislative actions, which could affect a number of parcels, were not requested by the property owner the tax would only be triggered when the owner took advantage of the change or the property was sold. Mr. Kelly indicated he would support the amendment. Mr. Pryor stated that the deletion of words proposed by Ms. Bettman transformed the option into double dip taxation and he could not support it. The vote on the motion to amend Option 1 was a 4:4 tie; Ms. Bettman, Ms. Taylor, Mr. Kelly, and Ms. Ortiz voting in support, and Mr. Papé, Mr. Poling, Mr. Pryor, and Ms. Solomon voting in opposition. Mayor Piercy cast a vote in support of the motion and it passed on a final vote of 5:4. The vote on the main motion as amended was a 4:4 tie; Ms. Bettman, Ms. Taylor, Mr. Kelly, and Ms. Ortiz voting in support, and Mr. Papé, Mr. Poling, Mr. Pryor and Ms. Solomon voting in opposition. Mayor Piercy cast a vote in support of the motion and it passed on a final vote of 5:4. D. CONSENT CALENDAR 2D. Adoption of Resolution 4868 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authoriz- ing a Four-Year Local Option Levy for the Funding of Library Operations Ms. Solomon, seconded by Ms. Ortiz, moved to adopt Resolution 4868 calling a City Elec- tion on November 7, 2006, for the purpose of referring to the legal electors of the City of Eugene a measure authorizing a four-year local option levy for the funding of library opera- tions. Mr. Papé said he requested during Budget Committee deliberations that staff develop a plan for integrating library operations into the FY08 budget in the event the measure did not pass and, if it did pass, a plan for eliminating dependence on revenue from the levy within four years. He did not see that plan in the AIS. City Manager Taylor said that type of plan would take time to formulate and there was not sufficient time between the request and timing of the council’s decision to place a local option levy on the ballot to present such a plan. He said that based on the council’s direction during the past year, staff proceeded on the assumption that renewal of the levy would be recommended to the voters. MINUTES—Eugene City Council May 22, 2006 Page 6 Work Session Mr. Papé asked what the last possible date was for referring the levy to the voters. City Manager Taylor said it was the council’s last meeting before its break in early August. Mr. Papé, seconded by Ms. Solomon, moved to table the matter until the council’s last meeting in July 2006 in order to obtain more information on a plan to integrate library op- erations into the budget. Ms. Ortiz commented that action in July left little time to mount a campaign for a successful levy election. Mr. Kelly echoed Ms. Ortiz’s concern and said that the intended amendment by Ms. Bettman, which was distributed to the council, might address Mr. Papé’s concerns about a plan to transfer library services to the budget over the levy’s four-year period. Ms. Bettman also agreed with Ms. Ortiz regarding timing and said that her amendment would require transfer of library services to the City’s General Fund over a four-year period and embed that intent in the resolution and levy language. Mr. Papé did not feel that waiting until July to take action would jeopardize the success of the levy as it was no surprise to the voters that a third library local option levy was being put forward. The motion to table failed, 2:6; Mr. Papé and Ms. Solomon voting in favor. Ms. Bettman, seconded by Mr. Papé, moved that recital C be amended and a new recital D be added to the resolution to read: C. On May 22, 2006, the City Council agreed that a four-year Local Option Levy of $2,687,500 per year should be placed on the November 7, 2006 ballot. The proposed levy would renew a part of the Library Local Option Levy currently on the tax bills of Eugene taxpayers in order to continue current library services. The median Eugene taxpayer will pay an average of $35 per year over the four year period of the levy. D. It is the intention of the City Council that library services will be transferred from the Library Local Option Levy to the General Fund over the four-year period of this Local Option Levy. By FY12, library operations will be entirely funded in the City’s General Fund. and that Section 1 be amended by deleting “$.041 per $1,000 of assessed value” and in- serting “$2,687,500 per year.” Speaking to the motion, Ms. Bettman said the library was an outstanding asset, the services it provided were excellent, and there was great community support for it. She believed that continuing to rely on levies to fund library ongoing services placed the library and those services at risk. She said the issues were thoroughly discussed during the budget process and a majority of Budget Committee members agreed with the City’s stated and adopted financial policy that ongoing services should not be funded through a levy, but were concerned with a precipitous change in FY08 from full levy funding to full General Fund funding. She said her motion represented a compromise that addressed the concerns of the broadest range of committee members and councilors and if it passed she intended to support both the levy and the budget. She said the City was experiencing a healthy budget cycle because of its conservative fiscal policies over the years and it MINUTES—Eugene City Council May 22, 2006 Page 7 Work Session was the City’s responsibility to transition library operations into the General Fund consistent with those policies. In response to a request from Mayor Piercy, City Manager Taylor said that Ms. Bettman’s amendment would put the City on a path to transition the library entirely into the General Fund over the period of the levy, but also place an increasingly difficult operating expense on the budget and a reduction in the Reserve for Revenue Shortfall. Financial Analysis Manager Sue Cutsogeorge distributed charts that illustrated the impact of adopting the levy as proposed and as amended by Ms. Bettman. She explained the impacts on the annual surplus/deficit and Reserve for Revenue Shortfall of the levy as recommended by the Budget Committee and as proposed by Ms. Bettman. Mr. Papé asked if the levy amount could be reduced each year. Ms. Cutsogeorge replied that State law prohibited levying a different amount each year; the same amount had to be levied each year but the full amount did not have to be spent. City Manager Taylor added that the council had the option of levying at a certain level and if the goal to transition was reached faster than anticipated, the annual adoption of the budget could under-levy what the voters approved. Mr. Kelly commented that while State law did not allow the levy approach Ms. Bettman intended, it could still be accomplished from an accounting standpoint by spreading the funds over the four-year period. Mr. Pryor remarked that the discussion was about two ways to reach the same goal as there was agreement that this would be the last levy and library operations would be placed in the General Fund at the end of four years. He said the question was how that would occur and the impact on other aspects of the budget. He felt that the amendment to recital C reflected the council’s intent but created an unnecessary constraint. He preferred the version in the resolution as recommended by the Budget Committee and supported by staff because it would still allow the council to reach its goal of funding library operations while providing flexibility. He supported the addition of recital D and would propose it if Ms. Bettman’s amendment failed so that the public would be well aware of the council’s intent to move library operations into the General Fund. He would not support the amendment to recital C. Ms. Taylor said she would support the amendment and hoped the council would be stimulated to find new sources of revenue as levies were not the right way to support the library. Ms. Ortiz said it was difficult for her to abandon the idea of levies because she viewed the City as a whole and there were services that some people would have more access to than others, such as branch libraries. She was concerned that if library operations were entirely transitioned into the budget those services could be reduced or eliminated and outlying communities would have much less access. She would prefer to have a conversation about how the library could be made more accessible to the entire community instead of trying to decide how to put it in the budget. She feared that if the library was in the budget it would be competing against services such as police, fire, and social services. She thought it was easier to ask the community to support the main library and branch libraries in neighborhoods than to ask for money for the Police Department. Ms. Bettman said the decision to cut services if the levy failed was one the council would make and she noted that the City Manager’s proposed budget included $5 million in additions and the Budget Committee had recommended another $2.7 million in one-time or ongoing funding. She asked how the voters would react to a request for $4.3 million per year for the next four years to fund the library, which was an ongoing MINUTES—Eugene City Council May 22, 2006 Page 8 Work Session General Fund service, when the budget was used for all the other things that were added or increased. She thought the voters would say no. She thought it was disingenuous to suggest this was the last levy, noting that if the library could not be incorporated during a healthy budget cycle there was little chance it ever could it be. Mr. Papé agreed with Ms. Ortiz’s concerns and he felt that branch libraries were sacred. He agreed it was necessary to move library services into the budget but did not think there was the discipline to do that if the levy remained at the same level each year. City Manager Taylor said he had taken to heart comments from both the Budget Committee and the council, but the bottom line was the need to address issues such as police staffing shortages and other recommenda- tions in the Police Strategic Plan adopted by the council, the council priorities for homelessness, neighbor- hoods and cultural services policy review, and the potential impact of a decision not to pursue a school levy, all of which could require decisions about reducing the level and mix of services across the entire General Fund or pursuing other sources of revenue. He preferred to face those tasks without the constraints imposed by recommending to the voters a levy lower than the current level for the library. Mr. Kelly objected to Mayor Piercy calling on staff ahead of councilors and allowing them to express an opinion or “lobby” the council. He asked why staff had not presented an alternative to Ms. Bettman’s motion to accomplish the same goal. City Manager Taylor said the level of cuts required to implement Ms. Bettman’s motion could not be accomplished in the two-week period since the suggestion was made at a Budget Committee meeting. He said it would take some time and effort to develop the type of plan he knew the council would want to consider and implement over the next several years. He agreed with Mr. Papé’s comments, particularly regarding branch libraries, and felt that library operations could be brought into the General Fund with a combination of Budget Committee, staff, and council creativity and the potential of exploring a revamped revenue structure. He would support the amendment. Responding to Mr. Kelly’s comment, Mayor Piercy said she wanted to hear the City’s Manager’s best judgment in response to any of the actions the council was considering, as that was an important part of the discussion as far as she was concerned. Mr. Papé asked if the City could bond for an endowment fund for the library. Ms. Cutsogeorge replied that the City could not borrow money to put it in the bank and earn interest to use for operations. Ms. Bettman commented that if anything was cut from the budget it should be the additions and enhance- ments instead of ongoing services. She said any cuts would come before the council and she was not interested in cutting any library services. She noted that there were several other reserve accounts in addition to the Reserve for Revenue Shortfall that could help transition the library into the General Fund. She said her amendment proposed a 25 percent reduction per year over the four years of the levy. The motion to amend the resolution passed, 6:2; Mr. Pryor and Ms. Solomon voting in op- position. The motion to adopt Resolution 4868 as amended passed unanimously, 8:0. 2E. Adoption of Resolution 4869 Calling a City Election on November 7, 2006, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Authoriz- ing the Issuance of a Maximum of $25,490,000 of General Obligation Bonds for Parks, Recreation and Open Space Projects MINUTES—Eugene City Council May 22, 2006 Page 9 Work Session Ms. Solomon, seconded by Ms. Ortiz, moved to adopt Resolution 4869 calling a City Elec- tion on November 7, 2006, for the purpose of referring to the legal electors of the City of Eugene a measure authorizing the issuance of a maximum of $25,490,000 of General Obli- gation Bonds for parks, recreation and open space projects. Ms. Solomon indicated her intent to propose an amendment to include incorporate decisions by the Budget Committee about Golden Gardens Park. Mr. Kelly noted that the Trust for Public Land (TPL) would provide free assistance to jurisdictions regarding ballot titles and other issue. He asked if there was time to use that assistance. Mr. Klein said that within five business days of the council’s adoption of the resolution, a ballot title would be certified to the City Recorder’s Office and then the public would have five business days in which to file an appeal of the ballot title; that appeal would come before the council. He said that he had exchanged information with TPL regarding drafting ballot titles. Mr. Kelly asked if Ms. Solomon’s proposed amendment to increase the bond measure by $2 million included $50,000 for a feasibility study and $600,000 for related safety improvements at Golden Gardens Park that were recommended by the Budget Committee. Mr. Klein said the amendment would add $2 million for Golden Gardens Park that could be used for purchase of land and construction of improvements and would include $35,000 of bond issuance costs. He understood that the $600,000 would be covered by the phrase “purchase of land or construction of improvements.” Mr. Kelly said he would support the amendment but it was important to reflect the intent of the council that the $600,000 would come from the bond measure if it passed. Mr. Klein said that was typically not the level of detail included in resolutions referring a measure to the voters, but that language could be added. Ms. Taylor said she was willing to support a larger bond measure but the council should take more time to consider all of the other requests, such as for another swimming pool. She was opposed to adding something to the bond measure just because a certain group of people decided they wanted it as there were many other groups who would have proposed other additions. Ms. Bettman said she would support Ms. Solomon’s amendment. She asked for clarification of language in Section D of the resolution relating to joint development of synthetic surface ball fields on school district property or City park property immediate adjacent, since it was explicit when the language was added that it would be school district property. Parks and Open Space Director Johnny Medlin replied that the language would allow, based on discussions with the Bethel School District, one of the sites on the south side of Meadow View School to obtain enough land for a ball field close to existing parking and restroom facilities. He said the ball field would span the property line and be partially on the district’s property and partially on the park property. Ms. Bettman said she could support that intent with the addition of explicit language to amend the resolution by citing that one instance where City park property would be involved. Mr. Pryor commented that it was always difficult to add items to a measure but addressing the safety issues at Golden Gardens Park was supportable and could make the bond more responsive to the community. He said he would support Ms. Solomon’s amendment and any amendment that would address the Meadow View School ball field situation. MINUTES—Eugene City Council May 22, 2006 Page 10 Work Session Mr. Papé indicated he would support the motion and Ms. Solomon’s amendment with the intent that the City budget would be reimbursed for the $600,000. He asked if those funds had to be used to purchase land. Mr. Klein replied that the language allowed the funds to be used either for acquisition or development or both. In response to a question from Mr. Papé, Mr. Medlin said that $1.75 million was for the West Eugene Wetlands Education Center and $5 million for ball fields. City Manager Taylor added that the number of ball fields was not specified as it was council’s intent to maximize use of the funds and leverage repair of existing synthetic turf. He felt that the council’s goals of adding at least five new assets and maintaining the four existing fields would be achieved. Mr. Papé asked if those arrangements would be formalized before the bond measure went to the voters. Mr. Medlin said the existing agreement with 4J School District would be expanded and a new agreement reached with Bethel School District. He said the intent was to establish and maintain equal partnerships on capital investments over the participating entities budget cycles. Mr. Papé emphasized the importance of informing the citizens of Eugene about exactly what they would be paying for and hoped that those partnerships would be better defined. He did not think a ball field should be owned by both the City and a school district. Mr. Poling asked if there were any other locations in the City where school district property and City park property were immediately adjacent, other than Meadow View School. Mr. Medlin replied that there were many other locations. Ms. Bettman, seconded by Mr. Poling, moved to amend Section D of Resolution 4869 to read: Joint development of synthetic surface ball fields on school district property and the City park parcel property located immediately adjacent to Meadow View School on Bethel School District school district property presents another opportunity to partner with other public entities. The motion passed unanimously, 8:0. Ms. Taylor asked if another public hearing was required if the amount and purpose of the bond measure were changed. Mr. Klein replied that the change was to a resolution and a public hearing was not required. Ms. Solomon, seconded by Ms. Ortiz, moved to amend Resolution 4869 as follows: Delete the figure $25,490,000 set forth in the caption and Section 1 of the Resolution and insert the figure $27,490,000; Amend the fourth sentence of Finding B to read as follows: In addition, land should be acquired to crease a community park in Santa Clara, expand Amazon Park and park land in front of the Shelton-McMurphey-Johnson House, and expand and begin con- struction at Golden Gardens Park. Amend the last sentence of Finding B by deleting the figure $18,250,000 and inserting the figure $20,250,000. Amend sections 1 and 4 by inserting the following after the words “preservation of open space”: “purchase of land and construction of improvements at Golden Gardens Park.” MINUTES—Eugene City Council May 22, 2006 Page 11 Work Session Amend Finding B by inserting before the sentence beginning “Land also needs…” the following sentence: “It is the council’s intent that up to $600,000 of General Fund con- tribution to the Golden Gardens Park project be reimbursed with bond proceeds if this measure passes.” Amend Finding B by replacing the phrase “to acquire new park land” at the end of the last sentence with the phrase “for these purposes.” The motion to amend the resolution passed, 7:1; Ms. Taylor voting in opposition. The main motion as amended passed unanimously, 8:0. The meeting adjourned at 7:20 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Lynn Taylor) MINUTES—Eugene City Council May 22, 2006 Page 12 Work Session