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HomeMy WebLinkAboutCC Minutes - 01/10/05 Mtg MINUTES Eugene City Council Regular Session Council Chamber--City Hall January 10, 2005 7:30 p.m. COUNCILORS PRESENT: George Poling, David Kelly, Betty Taylor, Jennifer Solomon, Chris Pryor, Andrea Ortiz. COUNCILORS ABSENT: Bonny Bettman, Gary Pap~. Mayor Kitty Piercy called the meeting of the City Council to order. She welcomed councilors Ortiz and Pryor to the dais. 1. ACTION: Election of City Council Officers for 2005 Councilor Taylor, seconded by Councilor Pryor, moved to elect Councilor George Poling as President of the City Council for 2005. Roll call vote; the motion passed unanimously, 6:0. Councilor Poling, seconded by Councilor Taylor, moved to elect Councilor Jennifer Solomon as Vice President of the City Council for 2005. Councilor Kelly noted, for the record, the long-standing rule that all councilors rotate through the offices of Council President and Council Vice President. Roll call vote; the motion passed unanimously, 6:0. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the Public Forum. Councilor Poling, seconded by Councilor Solomon, moved to add 30 minutes to the time allotted for the Public Forum. Roll call vote; the motion passed unanimously, 6:0. Bruce Miller, PO Box 50968, Eugene, wished the council a prosperous year. He noted there was a vacancy on the 4J School board. MINUTES--Eugene City Council January 10, 2005 Page 1 Regular Session Mr. Miller expressed his support for the Lane Transit District (LTD) bus drivers. He opined that they needed to be able to come to work with good benefits. Mr. Miller felt that the Nike Corporation should donate more money to the tsunami relief effort in Southeast Asia. In particular, he thought Nike spokesperson and professional golfer, Tiger Woods, should donate money. He suggested that Nike Corporation build up a small business loan bank to enable small businesses to grow. Cheryl Hunter, 5320 Nectar Way, spoke about the 38-acre parcel between Nectar Way and Dillard Road. She circulated a memorandum that described in detail the actions taken regarding this piece of land. She stated that developer Joe Green had purchased the land and then doubled the price and offered it for sale. She related that the neighborhood was tracking what was happening with the property and had elected Lisa Warnes as its representative in the process. She reiterated neighborhood concerns that the City was not fully aware of the value of the land, noting that it was included in neither the Parks, Recreation, and Open Space draft plan, nor in the Goal 5 inventory, with two small exceptions. She reported that the neighborhood had hired a wetlands consultant and it was his opinion that many sensitive and endangered plant and animal species lived on this acreage. Anita Glantz, 5055 Nectar Way, opined the land near her was priceless. She felt the City had missed the opportunity to buy the land prior to its purchase by Joe Green and now seemed like it would give up on the purchase. She said she was part of a large and active group of neighbors that was advocating for preservation of the property. She predicted that, should the City purchase the property, its ownership would be in the long-term interest of the City's residents and that the property would not require much in the way of ongoing maintenance costs. She averred that it would not be in the City's best interest to be engaged in a prolonged battle over the use of this property. She believed the property likely was home to endangered species. She submitted her testimony in writing. Jason L. Owens, 339 West 22nd Avenue, said he was new to the area, having moved to Eugene six months ago. He stated that he dedicated his service to the residents of Eugene and of the State of Oregon through his position as a district aide for the State Representative of District 8. He wished to speak about the racial profiling issue. He moved from a large metropolitan area to Eugene to find a more wholesome life and found it appalling that he had to fear being stopped by the same people that he served on a daily basis. He noted that there were 38,000 people in his district that he watched over and cared for as a legislative aide in terms of constituency issues. He felt it was a shame that he could not move freely in the district that he served. He called it a ';slap in the face" that the City Manager and Police Chief Lehner would not to address this issue. He felt the service of African-American citizens, as well as members of other minorities, to the City and the State was discounted. Mr. Owens supported the implementation of an external review board. He said his hope and his dream was, as a citizen, to walk freely without being judged based on the color of his skin. He hoped he would not be stopped because his ;'watch fit loosely around [his] wrist." He believed that, if the approach to stopping people was truly as transparent as it should be, then the Police Chief and the City Manager should have absolutely no problem with engaging a citizens' external review board to review the complaints. He stressed that the complaints were real and that racial profiling was happening. Pauline Hutson, 1025 Taylor Street, spoke regarding the proposed gasoline tax. She opposed diverting taxes into funding for road construction which benefited "global and mega-rich corporations." She thought MINUTES--Eugene City Council January 10, 2005 Page 2 Regular Session the proposal that Eugene taxpayers ~pick up the tab" for $11.9 million for road work to enable McKenzie- Willamette/Triad Medical Center to build a hospital on the Eugene Water & Electric Board (EWEB) site and the infrastructure, paid for by taxpayers, provided on West 11th Avenue for the Wal-Mart store and others were examples of strong reasons to oppose further taxation dedicated to road repairs. She cited an article in The New York Times that reported that 12 percent of exports from China were for Wal-Mart and Wal-Mart accounted for one percent of China's gross domestic product. She opined that, given those facts, Wal-Mart should have paid for this infrastructure, with help from the Target store. She asserted it was time to stop financing road construction for big business while existing streets were in such a state of disrepair. She asked how, in all fairness, the City could increase the burden on consumers and businesses through the consequences of its questionable fiscal policies. She indicated that, should the gas tax be implemented, she would purchase gas in another town. She wished to remind the City Manager he was a public servant, an employee of the taxpayers, whose primary obligation was to serve the interests of the taxpayers and not the needs of special interests. Marilyn Mays, 1081 North Pond Road, president of the local chapter of the Eugene/Springfield branch of the National Association for Advancement of Colored People (NAACP), related that the local chapter had received dozens of calls from community members of color who were voicing concerns regarding racial profiling. She cited incidents of being followed by police cars for miles, of being stopped and questioned seemingly for no reason, and more. She had reported this information to City Manager Dennis Taylor several weeks earlier and had requested that the department and the community take a stand against any unlawful or intimidating behavior by some police officers. She underscored that she recognized that it was only some police officers who behaved unlawfully. However, she emphasized this was a significant problem for community members of color as they were feeling intimidated and fearful of police officers. Ms. Mays felt some officers were taking the results of the recent complaint made by Cortez Jordan for granted and were exhibiting boastful and disrespectful behavior toward community members and, in some cases, even employees of color within the organization. She thought a message had been sent to officers that there was little or no accountability for the acts of officers who use racially biased tactics in policing. She was gravely disappointed in the leadership of Chief Lehner on this issue. Ms. Mays advised the City Manager and the Police Chief to listen more to the community and take these issues seriously. She added that the NAACP had enjoyed a good relationship with the Police Department over the last few years, but now it was at an all-time low. She asked, on behalf of the local chapter of the NAACP, that the City consider endorsing an external review board for police complaints and having more police officer accountability on these issues. She also requested a public statement from the City Manager and the Police Chief against the practice of racial profiling. She said she and other members of Communities United for Better Policing (CUBP) would be contacting the councilors individually in the coming weeks for further dialogue on this issue. Zachary ¥ishanoff, Patterson Street, thanked Mayor Piercy for serving as mayor. He wished to speak on less-than-lethal warfare. He related that he was ~needlessly attacked by the SWAT team" two years earlier. He felt the article in the paper that spoke favorably about tasers was inaccurate as people sometimes died as a result of being ~tasered." He suggested a venue be formed to discuss less-than-lethal warfare with the public at which such weapons were demonstrated. He said, since being hit, he spent hours thinking about the reform of less-than-lethal warfare, as it had been proven to be used recklessly. MINUTES--Eugene City Council January 10, 2005 Page 3 Regular Session David Thor Johnson, 4986 Hunters Glen Drive, wished to be counted for the effort to preserve the acreage near his house, the 38-acre parcel that was the subject of earlier testimony. He also wished to commend all those present for participating in democracy and speaking their views. Mr. Johnson noted that the area had deep ravines from which water flowed to the headwaters of Amazon Creek. He thought development of this property could cause flood plain hazards for the people who resided below the land. He opined the land was not worth building on, but was definitely worth saving. He invited everyone to visit the property, which he felt demonstrated "nature as God intended it." He asked why anyone would want to build houses there and suggested that they build in Springfield. Peggy Soomil, 5185 Nectar Way, said her house and property bordered the edge of the property that was currently being considered for development. She testified that on a nice day there were always pedestrians walking through the woods on the property, in addition to a variety of animals and insects. She called the property "exquisite," adding that it was only a 15-minute drive from the downtown area. She advocated for preserving the property rather than developing it. She pointed out that traffic congestion would be compounded by any dramatic increase in residents in the area. Hope Marston, PO 51434, Eugene, welcomed the new mayor and new councilors. She felt glad that Eugene was a community that recognized hate literature when it came into the City. She thought the City of Eugene had done a good job when white supremacists distributed hate literature. However, she suggested that Eugene had a long way to go in recognizing racial profiling and other more subtle forms of racism. She averred that the dominant culture was never faced with subtle racism because it was never faced with being followed in a store or potentially being denied the opportunity to rent an apartment or house based on skin color. She asserted that the police felt vindicated because the racial profiling allegation brought by Cortez Johnson had been deemed unsubstantiated. She asserted that Eugene had a "real problem," and in the Police Department it was a problem of abuse of power. She cited, as an example of such abuse, the recent actions of one officer taken to prevent homeless people from panhandling. Ms. Marston urged the council to have some sort of impact on the City Manager so he would take the issue of racial profiling seriously and make a public statement about it. Additionally, she recommended he imbue the Police Department with the fact that the City had a real problem. She underscored that just because the allegations were found to be unsubstantiated by an internal investigation did not mean they truly were unsubstantiated. She believed Mr. Jordan was racially profiled and she believed a lot of other people in the community were subject to this sort of abuse as well. She advocated for the formation of an external review board. She underscored the necessity of diversity in the community and asked that steps be taken not to "drive out good people." Elizabeth Twombly, 5015 Nectar Way, submitted pictures of the property neighbors were advocating for the City to purchase and preserve. She recalled hearing years earlier that the property would be very difficult to develop. She noted that the City's appraisal had suggested that the property could only be divided into seven lots. She echoed the neighborhood's concerns regarding the City's "handling of the property" and regarding potential erosion. She said it would be a shame to lose the resource. Henry Luvert, 2036 South Shasta Loop, welcomed Mayor Piercy. He expressed hope that the City Council would support Mayor Piercy in her endeavor to form an external review process. He noted that profiling was difficult to prove because one had to prove intent. He said unless the officer indicated his or her intent, it was virtually impossible to substantiate. He suggested that all an officer had to say was that he MINUTES--Eugene City Council January 10, 2005 Page 4 Regular Session or she perceived a %hoelace to be a weapon" or that a car had a flat tire with %xplosives in it." He averred that whatever the police officer said would become the truth. He stated that the City had a lot of issues to look at. Mr. Luvert asserted that the City Manager and the Police Chief had let the officers know how the City was going to proceed, but had not let the citizens who were paying the bill know. He recommended the Mayor and City Council give instructions to the City Manager and let him tell the Police Chief what should happen and find a solution that would work for the entire community and not one that ~would fail from the beginning." Lisa Warnes, 5020 Nectar Way, welcomed the mayor and new councilors. She expressed her concerns regarding what she termed the ~Nectar-Dillard Forest." She asserted the property in question contained wetlands, seasonal creeks, and wildlife habitat, of which several acres of wetlands were not mapped in the Goal 5 process. She pointed to a study of this property by wetlands consultant, Ethan Perkins, which indicated wetlands on the property were overlooked. She commented that, as a building contractor, many homes in this area were failing because the land they were built on presented the same issues as the property that Mr. Green now owned. Ms. Wames acknowledged that building standards were better than they were in the 1960s and 1970s. She predicted that allowing development risked damage to the Amazon headwaters and asked that the City not %acrifice our natural resources for one Portland developer and his family business." Carol Pearce, 5005 Nectar Way, stated that the main reason she moved to her current residence had been the beautiful woods that extended from her yard to Dillard Road. She expressed concern for the animals that lived in the woods and for the stream that bordered her backyard. She was ~amazed" that the property had ended up in a developer's hands. She said she would work with her neighbors for the preservation of the property. Betty Snowden, PO Box 5166, Eugene, said she was very busy, but could not leave the matter of racial profiling unaddressed. She wished to direct the City Manager to take a public stance on racial profiling. She underscored, as a black woman, that racial profiling did exist in Eugene. She related an incident from her own life when she had been followed in her car and ultimately questioned. She said she owned a nice car and the police officer questioned how she could come to own such a vehicle. Ms. Snowden talked of another incident in which a racial epithet had been painted on the door of a business she owned. The police officer who responded to the call suggested she move her business. She said it was up to the council to do something about racial profiling. She feared the only way the council and mayor would ~get it" would be if an unarmed person of color was shot. Charles Gray, 260 North Grand Street, called the Public Forum a wonderful tradition and thanked the council for the time to speak. He conveyed his best wishes to the City Council and City Manager for the work ahead of them. Mr. Gray commented that he hoped the season of kindness and compassion was not over. He hoped that people, including police officers, would not attempt to restrict the liberties of poor and homeless persons. He said this was beginning to happen, with the ~no trespassing' and ~no solicitations' being painted on some curbs. He observed that it was cold and wet outside, adding that it was colder and wetter for the homeless. He shared that his wife and he often gave a dollar to homeless people on street comers and that attached to the bill was a post-it note with a list of human service agencies on it. He doubted that they ever held traffic up for more than five seconds. He urged the City Council, the City Manager, and police to stop practices MINUTES--Eugene City Council January 10, 2005 Page 5 Regular Session that limit the human rights and constitutional rights of the poor. He declared that a society is measured by how it treats its poorest members. Kathleen Leonard, 5020 Nectar Way, supported the preservation of the acreage abutting her property. She opined that the City should preserve "what little forest land we have left within the City limits." She asked if there was a way to "not sprawl out" into every square inch of soil. She thought the property in question was one of the last pieces of undomesticated woodland available within the City limits. She advised the City not to let it slip away. Joseph D. Bradford, 1459 City View Drive, concurred with previous speakers on racial profiling. He commented that racial profiling was nothing new. He shared that it had been called DWB, driving while black, and WWB, walking while black, when he was growing up. He understood, from personal experience, what Mr. Johnson had gone through. He acknowledged that some people felt intimidated by it, but averred that he did not because he was a commander in the United States Army. He supported the formation of an external review board. He stated that harassment of people of color had to stop and recommended that City Manager Taylor and Police Chief Lehner give public statements in opposition to such harassment. He believed that if the system was truly just, these things would happen. Mr. Bradford remarked that some people alleged that African-Americans were "playing the race card." He underscored that the Emancipation Proclamation had been signed in 1865 and, though he had been born in 1964, his family was still suffering from the repercussions of slavery. Majeska Seese-Green, 549 Van Buren Street, welcomed the new councilors and the mayor. She recalled the position taken by the Whiteaker Community Council nearly one year ago in support of the strongest possible police review. She commented that at that time it seemed the Whiteaker neighborhood had been the only voice speaking in support of this, but now due to several unfortunate incidents, more voices had joined the call for this type of review. She reiterated the neighborhood's support for a review and expressed appreciation to the NAACP, CUBP, and the Police Commission for joining in the work to support it as well. She urged the City Council, Mayor, and City Manager to take the steps necessary to move the process forward. David Hinkley, 1350 Lawrence Street, Apartment # 1, said in most cases a Consent Calendar was intended to quickly process routine, non-controversial housekeeping matters. However, he did not feel Item C, the resolution to repeal the Housing Dispersal Policy, was routine in the least. He thought the policy had served the community very well. He opined that if it was to be revoked, it needed to be done properly with public notice and a public hearing. He remarked that a lack of a social service dispersal policy had turned several of the central city neighborhoods into "social service ghettos." He predicted that revoking the housing dispersal policy would turn those areas into "outright ghettos." He preferred to '~tweak" the existing language rather than to revoke the entire policy. Kevin Matthews, 1192 Lawrence Street, president of the Friends of Eugene, remarked that it was "unspeakably sad" that one could be singled out because of one's physical characteristics in Eugene. Mr. Matthews averred, regarding the property on Nectar Way, that had the City been able to move forward with an evidence-based Goal 5 natural resource evaluation and protection process, this habitat would already be protected. He noted that the Jobs and Land Use Round Table had asked for the council to move MINUTES--Eugene City Council January 10, 2005 Page 6 Regular Session forward with an upland habitat study that would seek to conduct "fact-based natural resource analysis." He said this process had been suspended. Mr. Matthews presented a transcript of the Citizens State of the City address to the Mayor and City Council, a document written collaboratively by half a dozen different local non-profit entities. Jean A. Stacey, 5150 Nectar Way, said she and her partner had traveled for four years looking for a new place to live prior to moving to Eugene. She related that they enjoyed living here very much. She commented, however, that upon moving here they had observed a lack of African-American people living here. Ms. Stacey stated that she wished to testify in support of preserving the wooded property that abutted Nectar Way. She and her dog walked there every day and appreciated its natural beauty. She felt the City had erred when it had not purchased the property. She opined the property was an integral part of "who we are." Nadia Sindi, 3950 Good Pasture Loop #J-111, wished to speak on behalf of the Muslim and Arab community. She said the brutality toward Muslims and Arabs was not a new thing in the city of Eugene. She shared an incident from her past in which she was assaulted by a police officer. She was saddened that the judge who presided over the recent police case involving two Arab men had called police actions "appropriate." She felt that under most categories Arab and Muslim people were considered to be white, but they were the first to be singled out for abuse, even prior to the events of September 11,2001. She asked for more vigilance in monitoring police abuse. She related that she had been followed and harassed numerous times. Gordie Albi, 1669 Adkins Street, thanked the elected officials for serving. She commented that her mother used to say "beautiful is as beautiful does." While she felt everything should be done to save the beauty of the City, the beauty of the people who lived there should also be honored. She stated that racial profiling was little more than another brand of racial prejudice. She attended all of the meetings regarding the police review. She said she had much experience, both as a professional auditor and working with ethnic communities in Seattle, Washington, and Denver, Colorado. She related that she had witnessed prejudicial handling by the police of an African-American person and also had witnessed this behavior toward Latino people numerous times when she volunteered at Centro LatinoAmericano. She felt such treatment arose from ignorance. She said she had materials to share and that she was happy to share what she had learned with City staff. Mayor Piercy closed the Public Forum and called on the council for responses and comments. Councilor Kelly thanked everyone who spoke at the Public Forum. He wished to particularly thank the people who spoke out about racial profiling. He reiterated his support for a police external review board. He thought it would take a charter change to form such a board. He commented that the Human Rights Commission (HRC) had launched a campaign called '~We're All in This Together" in December that sought to increase education and outreach and awareness around racial and ethnic issues. He had yet to hear anything from other elected officials on how to move this forward. While he recognized the needs of the City Manager and the Police Chief to carefully parse the words spoken in order to represent a wide variety of people, he declared the time to be delicate on this issue had passed. He felt the time had come to make MINUTES--Eugene City Council January 10, 2005 Page 7 Regular Session statements powerfully and promptly on this situation. He said the community climate was in need of improvement. Regarding Mr. Gray's testimony, Councilor Kelly said some of the spray-painted signs forbidding panhandling had already been erased and the policy questions that had been raised by this action were being addressed. Councilor Kelly requested an update on the Nectar Way property. Councilor Poling said City Manager Taylor and Police Chief Lehner were taking the issue of racial profiling very seriously and taking steps to address it. City Manager Taylor affirmed, in response to Councilor Poling, that the police audit interviews were being conducted. Councilor Poling recommended that people who were unable to interview personally with the International City Managers Association (ICMA) auditors contact them by telephone. City Manager Taylor listed the number to call: 1-866-292-4860. Councilor Poling said he took the accusations very seriously and would take measures to ensure an appropriate response was made. City Manager Taylor stated that the team would be taking comments through January 31 and expressed hope that anyone with concerns would take the time to call. He said the ideas and issues represented at the present meeting around alleged racial profiling were incredibly disturbing. He condemned acts of racial profiling and indicated that he and the Police Chief were working aggressively to take steps to ensure that racial profiling and bias-based policing would no longer happen in the community. He looked forward to working with the Police Commission, with the council, mayor, and communities united to understand better how the review process could be improved from beginning to end. He commented that two years of analysis of data on racial profiling had been completed; the Police Commission was studying the in-car video use and also was working to improve the timeliness and transparency of the complaint process. City Manager Taylor acknowledged that further steps were necessary, but reiterated that the role of the police auditor was being expanded to include inquiries as well as complaints and that he was working closely with the HRC. He understood the issue of racial profiling to be complex, as it was both a legal and moral issue. He looked forward to learning from the community what could be done to maintain the type of community, City, and police department that everyone wanted. Councilor Taylor thanked everyone who spoke and especially those who came from the Nectar Way area. She felt it urgent to purchase the property. She thought the property should be purchased by the City, adding that it was an "obvious place to use condemnation." Regarding the external review board, Councilor Taylor reiterated her support for it. She did not feel that a public entity could review itself very well. Councilor Ortiz thanked everyone for the welcoming the new councilors warmly. She expressed appreciation for City Manager Taylor's words. She wished the media had been present to capture them. Mayor Piercy wished to join the council and City Manager in the City's commitment to addressing the racial profiling issue. She stated that they would not let go of it until it was "made better." MINUTES--Eugene City Council January 10, 2005 Page 8 Regular Session 3. CONSENT CALENDAR A. Approval of City Council Minutes - November 8, 2004, Work Session - November 8, 2004, City Council Meeting - November 10, 2004, Work Session - November 15, 2004, City Council Meeting - November 22, 2004, Work Session - November 22, 2004, City Council Meeting - November 24, 2004, Work Session B. Approval of Tentative Working Agenda C. Adoption of Resolution 4820 Repealing Resolution No. 4477 that Adopted the 1996 Housing Dispersal policy, and Providing an Effective Date Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Kelly pulled Item C. He stated that he had previously submitted minutes corrections via email. He also noted, on behalf of Councilor Bettman, that she had submitted corrections to the minutes electronically. Mayor Piercy deemed the corrections, without objections, approved. Roll call vote; the motion to approve the Consent Calendar with the exceptions of Item C passed unanimously, 6:0. Mayor Piercy called for discussion on Item C. Councilor Kelly agreed with Mr. Hinkley's public testimony that this was not an item for the Consent Calendar. Noting that the resolution was already on the table, he said it would either need to be approved, denied, or tabled at this point. Having spent four years on the Housing Policy Board (HPB), he thought the acceptance of subsidized housing in the community was due in part to the Housing Dispersal Policy. He fek the goals of the policy were still valid. He did not find the reasons staff provided in the Agenda Item Summary (ALS) to be sufficient to eliminate it. He believed the policies could need revision in some places, such as finding a more relevant number for a maximum number of units. Councilor Poling commented that his understanding was that the policy, when repealed, would be folded into the Consolidated Plan. He asked if there were advantages for construction of low-income housing that the City stood to lose by repealing the policy. Richie Weinman, Urban Services Manager for the Planning and Development Division (PDD), responded that the City stood to gain something by repealing the policy. He explained that this was the reason that both the HPB and the Planning Commission had supported the repeal. He said the dispersal policy identified certain census tracks that were not eligible for family housing because of population and, because of changes in federal funding, those census tracks happened to be located in places where 30 percent more money could be gained for projects. He stated that lower income census tracks had this bonus associated with them. MINUTES--Eugene City Council January 10, 2005 Page 9 Regular Session Continuing, Mr. Weinman conveyed the HPB's position that the projects that had been built were assets to the neighborhoods in which they were constructed and would be assets to low-income census tracks as well. He said award-winning housing was constructed that enhanced neighborhoods. He related that current projects had been contrived to have fewer units in order to avoid the Housing Dispersal Policy because it created a level of uncertainty at the time the projects were conceived. Councilor Poling questioned whether sending the dispersal policy to be rewritten would duplicate what the Department of Housing and Urban Development (HUD) Consolidated Plan set forth. Mr. Weinman responded that the suggestion was that the council jettison the free-standing Housing Dispersal Policy and fold its concepts into the Consolidated Plan, which is also adopted by the council. He reiterated that the repeal of the Housing Dispersal Policy would not go into effect until the Consolidated Plan language was adopted. In response to another question from Councilor Poling, City Attorney Glenn Klein stated that no public hearing was required for most resolutions, though certain resolutions such as budget adoption required them. Councilor Poling supported repealing the policy as he felt that its repeal would place the City in a better position to provide low-income housing for people. Councilor Taylor agreed the item did not belong on the Consent Calendar. She said the item should be tabled to allow further council discussion. She noted that two members of the HPB had dissented and had requested the opportunity to write a minority report. She did not see such a report in the packet and wondered where it was. Mr. Weinman replied that the two members had ultimately decided not to provide such a report. He noted that HPB member, Bob Doppelt, had been more concerned with the second part of the policy. He stated that this information was in the agenda packet. Councilor Ortiz said she had not read the Consolidated Plan. She had concerns about repealing the policy because she lived in a neighborhood that was not %uitable for low-income housing." She opined that placement of low-income housing in neighborhoods that had infrastructures to help enhance the lifestyles of the people that it served would make a better environment for everyone. She commented that she had known people who lived in public housing in the south hills area whose children were then able to go to better schools with increased parental involvement. She felt that placement of public housing in her neighborhood would result in the placement of people who were already somewhat marginalized and had to depend on the government to help them live into a community that was transient and already was at the lowest socio- economic stratum. She predicted the repeal of the policy would create an unstable environment. Councilor Pryor noted there seemed to be some fear that the repeal would cause the City to concentrate low- income housing. He asked staff to speak to the notion that if the policy was repealed there would be a rush to create ghettoes. Mr. Weinman replied that it would be great if the City could build that many housing units as there were approximately 20,000 households eligible for subsidized housing, based on the last census, and altogether in the county, 3,500 households were being served. He emphasized that need exceeded capacity. He said, given all of the best efforts in the last dozen years, the City and its partners in development of low-income housing had only developed around 1,000 units to add to the low-income housing stock in a variety of locations. He indicated on a large map where the low-income housing developments were sited and where the land bank sites, the places that would be developed into future low- income housing projects, were situated. He underscored that the land bank sites were well-dispersed MINUTES--Eugene City Council January 10, 2005 Page 10 Regular Session throughout the City. He did not think the current land bank sites presented a threat of any sort of concentration of low-income housing in one area. Councilor Solomon opined that this seemed to be more of a housekeeping issue as the repeal was tied to incorporating the language into the Consolidated Plan. She indicated she would support the resolution. Councilor Kelly questioned the necessity of getting rid of the Housing Dispersal Policy given that the low- income census tracks were not likely to get much new housing. Mr. Weinman asked HPB chair, John VanLandingham to respond. Mr. VanLandingham stated that a policy could be a bar. He recalled that the Housing Dispersal Policy was originally, as conceived of in the 1970s, meant to encourage dispersal. Now, he said, it was being used to block housing because of the way the numbers work in a particular neighborhood and the way the policy counted families. He cited two recent examples of this, both in middle- to high-income neighborhoods. Councilor Kelly interjected that if the policy was being used as a bar, it should be fixed and not thrown out. He felt if there was insufficient flexibility or not enough opportunity for the City Council to weigh in on a Request for Proposal (RFP), then this should be addressed. Mr. Weinman pointed out that this was staff's suggestion. Councilor Kelly called the resolution ~premature," as the language in the Consolidated Plan was as yet unknown. He opined there was a big difference between a limit of 60 units and no limit at all. Roll call vote; the vote on Consent Calendar Item C was a tie, 3:3; councilors Poling, Pryor, and Solomon voting in favor and councilors Taylor, Kelly, and Ortiz voting in opposition. Mayor Piercy voted in opposition and the resolution failed on a final vote of 4:3. Mayor Piercy said the resolution could wait and could be done in a way that would be right for everyone. She expressed concern regarding how housing dispersal affected the achievement gaps in schools. City Manager Taylor underscored that this was not a time-critical issue. He said staff would make the next review of the item coincide with the specific language in the Consolidated Plan. 3. PUBLIC HEARING: An Ordinance Establishing the S-HJM Historic Johansen-Moody House Special Area Zone and Amending the Eugene Zoning Map City Manager Taylor asked PDD Associate Planner Kent Kullby to speak about this item. Mr. Kullby explained that the council had been asked to consider the adoption of a Special Area Historic Zone for a City landmark located at 370 River Road. He noted this was the second public hearing on this item, the first having been heard by the Planning Commission. There were no objections to the change in zoning to date, and the Planning Commission had recommended approval. He said the approval criteria were in the City Council agenda packet. Mayor Piercy outlined the procedure for testimony. She opened the public hearing. MINUTES--Eugene City Council January 10, 2005 Page 11 Regular Session Terri Harding, 132 East Broadway Street, Suite 536, planning manager for Satre Associates, noted that the owner, Kathleen Hall, was present to answer questions if necessary. She thanked Mr. Kullby for his presentation on the item to the Planning Commission, which unanimously supported the recommendation, and before the City Council. She explained that the house was built in 1901 in the Vernacular Gothic style. She said the present owner operated a business called Amelia's Antiques and intended to pay tribute to the house's history through the operation of the business. She conveyed her client's request that the council consider taking action on the ordinance earlier than January 24. Seeing no others wishing to testify, Mayor Piercy closed the public hearing. In response to a question from Councilor Kelly, Mr. Klein explained that with unanimous consent the council could choose to take action. City Manager Taylor stated that the bill number was 4888. Councilor Taylor indicated she favored the item, but was uncertain the council should proceed given that two council members were not present. She asked if it was urgent. Ms. Harding responded that enacting it sooner would allow the owner to submit applications for permits earlier. City Manager Taylor observed that, with one objection to taking action, the item would be acted upon on January 24, 2005. 4. PUBLIC HEARING and POSSIBLE ACTION: An Ordinance Concerning City Expenditures; Amending Sections 2.515 and 2.525 of the Eugene Code, 1971; and Repealing Section 2.555 of that Code City Manager Taylor explained that this item sought to make the Eugene Code conform to current practices. Financial Analysis Manager for the Central Services Department, Sue Cutsogeorge, stated that the code was currently written as though someone physically sat down and wrote out checks and signed them. She said this did not happen very often and the City had the technology to make payments through electronic transfers, which was not addressed in the code. She explained that the proposed ordinance would update the code, allow more formats for making payments of City expenditures and permit the City Manager to delegate signature authority on the City's checking accounts. She asked the council to consider taking action at the present meeting and indicated that, should the council take action, there was a subsequent related resolution on the agenda that would place a council action on the record to provide to banks as proof of authorization. Mayor Piercy opened the public hearing. Seeing no one who wished to speak, Mayor Piercy closed the public hearing. Councilor Poling asked if the safeguards and safety checks would be removed from the system, should this go into effect. Ms. Cutsogeorge replied that, while not exactly the same, there would be safeguards on the system. She added that the City Manager would instruct staff, in his delegation of payment authority, to follow the payment procedures that had been set up. Councilor Poling ascertained that this would save staff time. He stated that the City needed to stay on top of advancements in technologies and use them to the organization's advantage. MINUTES--Eugene City Council January 10, 2005 Page 12 Regular Session Councilor Ortiz said she was glad to see staff continuing to improve City services. Councilor Kelly conveyed his appreciation for staff's response to his question, similar to Councilor Poling's question. He recalled that paper checks were facsimile signed by the City Manager and Mayor. He asked if the signatories were being changed to the City Manager only. City Manager Taylor responded that it would still require the signatures of the City Manager and the Finance Officer. Mr. Klein stated that the code originally dictated that checks should be signed by the Mayor or City Manager and the Finance Officer. He surmised this code provision dated back in history to an earlier form of City government. Mayor Piercy determined there were no objections to taking action at the present meeting. Councilor Poling, seconded by Councilor Solomon, moved that the City Council adopt Council Bill 4889, an ordinance concerning City expenditures. Roll call vote; the motion passed unanimously, 6:0. 5. ACTION: Resolution 4821 Designating Those Authorized to Sign Checks on Behalf of the City; Make Electronic or other Transfers from City Accounts; Sign Grant Applications, Contracts on Behalf of the City; and Repealing Resolution No. 4364 Councilor Poling, seconded by Councilor Solomon, moved to approve Resolution 4821 designating those authorized to sign checks on behalf of the City; make electronic or other transfers from City accounts; sign grant applications, contracts on behalf of the City; and repealing resolution No. 4364. Roll call vote; the motion passed unanimously, 6:0. The meeting adjourned at 9:24 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council January 10, 2005 Page 13 Regular Session