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HomeMy WebLinkAboutItem A: Adoption of 2007 Legislative Policies ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Adoption of 2007 Legislative Policies Meeting Date: November 8, 2006 Agenda Item Number: A Department: City Manager’s Office Staff Contact: Mary Walston www.eugene-or.gov Contact Telephone Number: 682-5406 ISSUE STATEMENT Every other year, in the odd number years, the Oregon Legislature convenes its session to introduce bills and enact laws for the State of Oregon. The City of Eugene has had a strong presence during these sessions to protect the interests of the city during the session. Action in support of or opposition to the various bills introduced during the session is guided by the legislative policies document adopted by the City Council. The Council Committee on Intergovernmental Relations (IGR Committee) works with staff to develop the framework for these guiding policies and principles. The IGR Committee, which is composed of Councilors Bettman, Taylor, and Pryor, has reviewed the document and now presents it to the full council for consideration and adoption. BACKGROUND The City Council has biennially approved iterations of a legislative policies document that is inclusive of emerging legislative issues and possessing general principles that can be applied to unforeseen events in a legislative session. The 2007 legislative session may bring new challenges and issues depending upon the outcome of the November election. The City will continue to ensure that the legislature avoids attempts to erode or devalue local control and will also be steadfast in opposing shifting of costs to local governments by reducing shared revenues or restricting local revenue options. RELATED CITY POLICIES The Legislative Policies document will apprise legislators and intergovernmental partners of the policy outcomes favorable or unfavorable to City interests and goals, and highlight recommendations that achieve these outcomes. When appropriate and possible, the document references and uses adopted City Council and City policy as guiding principles. The document is iterative and is based in past practice and policies. COUNCIL OPTIONS The City Council may adopt the 2007 Legislative Policies document and forward the document to the printing process for distribution within the Oregon State Legislature and with intergovernmental partners. The 2007 session of the Oregon State Legislature will convene January 8, 2007. L:\CMO\2006 Council Agendas\M061108\S061108A.doc The City Council could also send the document back to the IGR Committee for further work and review. Ideally, the council would approve the document in order for the document to be reproduced and distributed to state legislators and their staff by the opening of the legislative session. At the request of the IGR Committee, two proposals policies areas were flagged for a discussion by the full City Council. One of these was the section addressing the Boundary Commission and the other was in the transportation planning section. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the 2007 Legislative Policies document. SUGGESTED MOTIONS Move to adopt the 2007 Legislative Policies document. ATTACHMENTS Note: The Draft 2007 Legislative Policies document will be distributed under separate cover. FOR MORE INFORMATION Staff Contact: Mary Walston Telephone: 682-5406 Staff E-Mail: mary.f.walston@ci.eugene.or.us L:\CMO\2006 Council Agendas\M061108\S061108A.doc CE ITY OF UGENE LP EGISLATIVE OLICIES 2007L FOR EGISLATIVE S ESSION J2007 ANUARY City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw i CE ITY OF UGENE LP2007LA EGISLATIVE OLICIES FOR EGISLATIVE SSEMBLY TC ABLE OF ONTENTS INTRODUCTION 5 I.EXECUTIVE SUMMARY 6 II.HOME RULE AND THE REGION 9 A.EUGENE,ACHARTERCITY 9 B.REGIONALPARTNERSHIPS:EUGENE’SINTERGOVERNMENTALPARTNERS 9 III.FINANCING STATE AND LOCAL GOVERNMENT 13 A.TAXPOLICY 13 B.PROPERTYTAXES 16 C.OTHERLOCALBUDGETCONCERNS 22 D.STATEBUDGET 25 IV.TRANSPORTATION 27 A.FUNDINGFORSTREETS,HIGHWAYSANDTRANSIT 27 B.RAILSERVICE 31 C.COMMUNITYLIVABILITY-OREGONLIVABILITYINITIATIVE 32 D.CONGESTIONPRICING 33 E.FEDERALFUNDS 33 City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw ii F.LOCALFUNDINGMECHANISMS 34 A.BUILDINGCODES 35 C.LANDUSEPLANNINGANDGROWTHMANAGEMENT 41 VI.PUBLIC SAFETY 46 A.COURT 46 B.EMERGENCYCOMMUNICATIONSAND9-1-1SERVICES 48 C.POLICEANDENFORCEMENT 49 D.FIREANDEMERGENCYRESPONSE 53 VII.YOUTH 55 A.EDUCATIONFUNDING 55 B.FUNDINGFORPREVENTIONSERVICESFORYOUTH 55 D.AFTERSCHOOLPILOTPROGRAMS 55 E.HOMELESSYOUTH 56 VIII.ENVIRONMENTAL ISSUES 57 A.POLLUTION,SOLIDWASTEANDRECYCLING 57 B.WATERANDENDANGEREDSPECIES 61 IX.GENERAL GOVERNMENT 67 A.BUSINESSLICENSING 67 B.CONTRACTING 67 C.LABOR 67 D.LIQUORLICENSING 68 E.LIBRARY 69 F.PUBLICRECORDS 70 G.SMOKINGBANANDTOBACCOREGULATION 71 H.USEOFTHEINITIATIVEPROCESS,ELECTIONREFORM 73 City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw iii X.TELECOMMUNICATIONS 74 INDEX ERROR! BOOKMARK NOT DEFINED. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw iv Introduction As the State's second most populous metropolitan area, Eugene-Springfield serves as the economic, recreational and cultural center for the southern Willamette Valley and much of southwestern Oregon. The metropolitan area population is now more than 200,000. The regional economy is diversified, with emphasis on technology, timber, education and service industries. The City of Eugene operates under a home rule charter providing for a council/manager form of government. The offices of the mayor and city councilors are nonpartisan, with the mayor elected at large and one councilor elected from each of eight city wards. In the past decade as a result of property tax limitation measures, specifically Measure 5 in 1990 and Measures 47/50 in 1996/1997, the City has gone through a number of budget reduction processes. In the early 1990's as a result of Measure 5, Eugene went through an extensive 18-month process to evaluate City services and potential budget cuts. The City identified and made $5.3 million in budget cuts through eliminating services and personnel reductions. As a result of Measure 50, which did not pass in Eugene or Lane County, the City cut an additional $8.7 million in services in fiscal years 1998 and 1999. The City’s revenue has not kept pace with the service needs of the community since then. In fiscal year 2002 and again in 2003 service levels were again reduced and General Fund reserves have been tapped to forestall deficits that were projected to occur in five of the next six years. Despite the fiscal challenges faced by the City, Eugene has to date maintained an “AA” bond rating from Moody’s Investors Service. That rating is a positive reflection of the management and performance history of the City. It is supported by the fact that a large percentage of the citizens rate City services positively, and demonstrates that the City is attempting to strategically address the fiscal and service issues facing the community in this decade. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 5 I. Executive Summary To assist lawmakers in understanding the broad array of issue areas which can directly affect the City of Eugene, this legislative policy overview provides an issue-by-issue resource. In 2007, the City of Eugene has highlighted three broad themes in evaluating legislation: Ensuring REVENUE for Needed Services The City of Eugene urges the State Legislature to responsibly address state revenue shortfalls to fund K-12 public education and critical state servicespreserve revenue sharing with cities and to and counties. supports the ongoing work of transportation funding packages that The City of Eugene strongly establish local system maintenance, preservation and operation as a priority and the City strongly opposes any attempt to limit local option street funding alternatives including local fuel taxes and transportation system maintenance fees. strongly supportsequitable distribution of a reauthorized 9-1-1 telephone The City of Eugene excise tax . This important user fee provides revenue for emergency call taking for 39 police, fire and emergency medical services in Central Lane County. opposes attempts to exempt “intangibles” from taxes The City or other reductions to the fixed property tax revenues which the City relies upon under Measure 5. Public rights-of-way are a valuable public assetThe City strongly supports protection of local . governments’ authority to manage these public assets in behalf of their taxpayers and receive adequate compensation for their use. supports efforts to uphold PERS reforms and mitigate volatile rate increases to public The City employers, in a fashion that upholds a fair and adequate retirement for public employees. The City supports the removal of prohibition on SDCs for school, police, fire and library and the preservation of exsisting SDCs. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 6 Preserving HOME RULE and Local Flexibility strongly oppose attempts to repeal smoking bans The City will , such as that adopted by the Eugene City Council in November, 2000. oppose attempts to repeal Eugene’s Toxics Right-to-Knowoppose The City will program and toxic statutes unfair to small businesses . strongly supports protecting the home rule authority of local government The City to charge franchise fees for use of its rights-of-way used by telecommunication companies. supports after school youth programs The City and identification of long-term funding for these programs. . The City supports repeal of prohibition of inclusionary zoning The City supports repeal the prohibition of a real estate transfer tax . Preserving LIVABILITY in Transportation and the Environment supports greater State Highway Trust Fund funding for local streets and road The City maintenance and repair , and seeks additional flexibility to use funds for nodal development, pedestrian and bicycle access. opposes any preemption or limitation on local revenue options The City , including local fuel taxes and transportation system maintenance fees that may be used to fund the City’s transportation system. supports continued funding for passenger rail, as well as bus connections The City to eastern and southern Oregon. Eugene’s recently renovated historic depot is the southern terminus of the Northwest Rail Corridor. supports strategies that help urban communities respond proactively to salmon The City protection , and respond to the listing by the National Marine Fisheries Service. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 7 supports strategies that help local communities respond to a changing economic The City climate , and funding strategies to preserve community livability and economic health. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 8 II. Home Rule and the Region A.EUGENE, A CHARTER CITY The City urges the Legislature to respect the rights of local governments to exercise local control over local responsibilities provided by the Oregon Constitution. This includes protecting the rights of city residents to determine the contents of city charters and protecting the rights of local governing bodies to enact ordinances and procedures relating to all aspects of local government, including municipal adjudication of ordinance violations. A key factor that affects the power of the City to exercise local control over local responsibilities is the ability to rely on stable and adequate funding for desired local programs and services. The City urges the Legislature to consider the impact of state-level policy decisions on local government revenue sources. The City will support State programs designed to enhance the ability of local governments to fund services that the citizens desire or programs to assist local governments in weathering economic downturns. In the past, the OregonLegislaturehas attempted to preempt Eugene’s home rule authority regarding two issues exclusively specific to Eugene—the voter-approved charter amendment establishing the Toxics Right-to-Know program and the City’s proposed construction of a bike path along the Willamette River. Recommendations: 1. Oppose any State action to reduce local revenues or to restrict the ability of local governments to raise additional revenues. 2. Oppose intervention in local decisions which are clearly the authority of the City under its constitutional home rule authority. B.REGIONAL PARTNERSHIPS: EUGENE’S INTERGOVERNMENTAL PARTNERS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 9 The City of Eugene believes that public services and public programs are delivered in partnership with all levels of government. This partnership is based on cooperation and communication among all local governments, whether individually or through councils of governments, as well as with the State and Federal governments. To that end, the City maintains a staff presence in Salem during legislative sessions and also retains assistance in Washington, D.C. Our metropolitan area has a long tradition of inter-jurisdictional cooperation on service delivery. There are hundreds of intergovernmental agreements that control cooperative provision of services including ambulance, fire protection, emergency call-taking and dispatch, storm and sanitary sewers, street repair, solid waste disposal, public safety records information systems, planning, affordable housing, business recruitment, human services, cable television, mainframe Our partners computer, geographic data systems, air quality regulation and transportation. include the University of Oregon, Eugene Water & Electric Board, League of Oregon Cities, City of Springfield, Lane County, Lane Transit District and 4J School Distirct and Bethel School District. 1. UNIVERSITY OF OREGON The University of Oregon and the City of Eugene are partners in many efforts. The UO is Lane County’s largest employer, investing millions of dollars each year into our local economy. The City of Eugene will support the UO in its efforts to obtain stable, adequate funding to support affordable and accessible public higher education for the citizens of Oregon. The University of Oregon has served Oregonians for more than 120 years. It is a comprehensive teaching and research university that serves its students and the people of Oregon, the nation and the world through the creation and transfer of knowledge in the liberal arts, the natural and social sciences and the professions. The UO is committed to transforming lives through knowledge. UO teaching and research affects people in all walks of life, and UO business internship programs have provided help to 702 Oregon businesses in 59 cities throughout the state. Enrollment at the UO has remained stable at just over 20,000 since 2002. State funding support in 2007 for the UO is at the same level as it was in 2000, $69 million, with no adjustment for inflation. The share of the University’s operating budget that is provided by the state appropriation has decreased from 20% to 14%. As a consequence, tuition has increased and access has been restricted for many Oregon citizens. 2. EUGENE WATER and ELECTRIC BOARD City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 10 The City's partner in providing municipal services is the Eugene Water and Electric Board (EWEB), which historicallyprovides electric, water and steam services to residents and businesses in Eugene. EWEB recently received authorization to provide telecommunications services as the result of an amendment to the City Charter approved byEugene voters in May 2000.Providing safe drinking water and reliable electric and steam services at low cost to customers has been the trademark of the utility and remains a high priority of the City and EWEB. 3. LEAGUE OF OREGON CITIES The City of Eugene is a member of the League of Oregon Cities. City staff works cooperatively with League staff during the legislative session. The City is generally supportive of the Oregon Municipal Policy and the League's legislative policies and positions. 4. CITY OF SPRINGFIELD AND LANE COUNTY The City of Springfield, with approximately 56,000 residents, is Lane County's second largest city and the ninth largest city in Oregon. Separated only by the Willamette River, the City works cooperatively with and supports its sister city. The City of Eugene also supports our partners in county government. 5. LANE TRANSIT DISTRICT The City of Eugene works in partnership with Lane Transit District (LTD) to support a complete transportation system, including meeting the transportation needs of people who cannot drive their own vehicles. The City is committed to achieving the regional goal of reducing vehicle miles traveled in the Eugene-Springfield area by supporting a transit alternative to a single occupancy vehicle. The City of Eugene supports LTD and its efforts to increase transit funding. The City supports increased funding for transportation services to the elderly and disabled who can not use a fixed route transit system. 6. 4J AND BETHEL SCHOOL DISTRICTS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 11 The City has a policy of establishing partnerships with other jurisdictions to provide school-related services and other community youth services. Strong schools are necessary for a strong community. The City strongly supports actions by the Legislature to address critical school funding needs. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 12 III. Financing State and Local Government A. TAX POLICY The adoption and subsequent implementation of Ballot Measure 50 has substantially changed cities' approach to certain financial issues. With control of property taxes slipping further from local governments, it is imperative for cities to retain and expand both the revenue-raising authority and the revenue sources that they presently have. State tax policy has direct and indirect effects on the financial welfare of Oregon’s cities. General Precepts 1. RAINY-DAY FUND The State should not take action that (1) reduces cities’ P Oregon is one of only a few states in the revenue, (2) increases costs to cities, or (3) preempts local U.S. without an adequately funded authority to raise revenue. If the State takes any of these “rainy-day fund” to provide revenue actions, cities should be reimbursed for lost revenues or stability in the event of economic increased costs. downturn. The State's primary general- fund revenue source is the income tax, Decisions about local services should continue to be P which fluctuates with the economy. made at the local level. These income tax revenues were positive during the years of a strong economy in most of Oregon, but as of late proven Support actions to sustain the stability and adequacy of P inadequate to support continuing levels local revenue sources through positive and negative of state services while the economy is in economic cycles. a slow period. Support actions to maintain or improve the stability of P State revenue sources. While stability of the state revenue system does not have a dollar-for-dollar impact on cities, in the current economic The State should help cities to keep pace with the costs P downturn it is possible that state of growth, particularly infrastructure needs associated programs of importance to cities could with growth. falter. Cities as well as other local governments will likely suffer reductions Support the use of System Development Charges (SDCs) P in state shared revenue as well as to fund capital improvements for police, fire, schools and City of Eugene Legislative Policies, 2007 Session other local government services affected by new With IGR Mtg 10/17 and 10/development. 26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 13 increased demands for services due to reductions in state programs. An adequate "rainy-day fund" has been identified as a critical way for the State to offset sudden reduction in revenues. It would not provide complete revenue replacement to the state during economic difficulties, but would provide some cushion for existing general fund programs if funding were to drop precipitously. State-shared revenues could also be protected during an economic downturn if such a fund was in place. The State’s current financial difficulties would clearly have been lessened if, in more Local Government Revenue prosperous times, the legislature had set aside surplus revenues in such a fund. Support the adequate funding of a state “Rainy P Day Fund” to provide revenue stability in the Recommendation: event of economic downturn. 1. Support the adequate In stabilizing state revenue, the State should P funding of a state “rainy- avoid destabilizing local revenue. day fund” to provide revenue stability in the Any new exemptions, deferrals or forgiveness event of economic P of property taxes should be granted by local downturn. However, in governments rather than through Legislative stabilizing state revenue, action because of the direct impact that such the State should avoid exemptions have on local government revenue. destabilizing local revenue. If the State grants an exemption that results in a P revenue loss to local governments, the governments should be reimbursed for the 2. STATE TAX STRUCTURE revenue loss. Proposals to restructure or change The Legislature should revisit all property tax P the State's tax system must allow exemptions in light of the new revenue local governments to finance the environment for local government. level of services demanded by their citizens. Cities must maintain local flexibility to initiate Oppose any exemption from taxation for the P revenue sources with local voter intangible personal property of centrally assessed approval, and to retain local companies. If such an exemption is granted, the state should reimburse cities for lost revenue. apportionment of revenue from State gas, liquor, beer and wine taxes, and other revenues. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 14 Recommendation: 1. Oppose any efforts to erode local flexibility in initiating revenue sources. 3. LOCAL AUTHORITY Local governments and the State are partners in serving the needs of Oregon's citizens. Local and state governments recognize the distinct role each plays, and that certain services are best provided at the state level, while other services must be responsive to the unique needs of each community. This partnership becomes dysfunctional when the Legislature preempts certain revenue- raising authority enjoyed by local government. This occurred in 1997 when local governments were prohibited from implementing a local real estate transfer tax and in 1995 when the Legislature preempted Eugene's ability to collect a voter- passed video poker tax. In both cases, the impact was to divest local government of one more tool — a necessary tool given property tax limitations — to meet the costs of services demanded by residents. It remains crucial for city residents, through their officials, to be able to determine the types and levels of services needed. The City of Eugene will oppose Local Government Funding legislation that restricts cities' ability to diversify their income base. With the passage of Measure 50 in 1997 and Any local government authority to raise P Measure 5 in 1990, our options for revenue should not be preempted by the funding services needed and/or desired Legislature. by our citizens are constrained. Cities' authority to impose local option sales, use, business, income and premium Terminate State preemption of local taxes. P taxes must be maintained, as well as their ability to impose vehicle, license Oppose any effort to restrict cities' ability P and regulatory fees, fines and penalties. to diversify their income base. Recommendations: 1. Oppose any efforts by the Legislature to preempt local government authority to City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 15 raise revenue. 2. Support termination of state preemption of local taxes. 3. Oppose any effort to restrict cities' ability to diversify their income base. B. PROPERTY TAXES 1. EXEMPTIONS In Oregon, a total of 120 different types of property tax exemptions will result in $18 billion in local governments’ tax revenue foregone in the 2005-2007 biennium. As outlined in the Oregon Department of Revenue’s “2005-2007 Tax Expenditure Report,” many of these exemptions date back to the State's territorial days. Most, then, were intended to further a public policy goal. Before the passage of Ballot Measure 50 and the resulting introduction of a rate-based tax system, there was little competition between the public-policy goals associated with exemptions and the public-service activities carried out under a local government’s budget. Even if a property was exempted from taxation, the city’s levy remained intact, and the revenue was replaced by shifting the obligation to the remaining taxable properties. This is no longer the case. Now, property tax exemptions reduce revenue to cities. If the amount of assessed value is reduced because a property is exempted, then the amount of tax revenue collected is reduced. Without another form of revenue to replace the property tax loss, the result is fewer city services or reduced service levels. In fact, state- granted property tax exemptions are simply state expenditures of scarce local government revenue without consideration of the local government’s priorities or needs. The realities of the new property tax environment faced by local government raise serious concerns about a) granting exemptions or other property tax reductions; and b) exemptions of intangible property. a. Granting Exemptions or Other Property Tax Reductions City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 16 There is a concern that the State can grant property tax exemptions without regard to the impact such exemptions will have on local property-tax-dependent jurisdictions. It is recognized, however, that regardless of the revenue impact, there may be occasions when property tax exemptions or deferrals are the best method of serving a city’s long-term interests. In those cases, the decision to grant an exemption should be made at the local level, rather than by the State. If, however, the State grants property tax exemptions or other property tax reductions without the approval of the taxing jurisdiction, the State should reimburse cities for the resulting revenue loss. The Tax Expenditure Report highlights a number of property tax exemptions that may no longer serve their public policy objective. Local governments would be well served by a thorough review of all of these expenditures. Recommendations: 1. Oppose any granting of new exemptions, deferrals or forgiveness of property taxes by the Legislature. 2. Support reimbursement of revenue loss if the state grants an exemption that results in a revenue loss to cities. 3. Support the Legislature revisiting all property tax exemptions granted in the past in light of the new revenue impact on local government. 4. Support removal of the corporate minimum tax. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 17 b.Exemption of Intangible Property The coalition of centrally assessed businesses, including telecommunications companies, power utilities, railroads and airlines, attempted to exempt intangible personal property from property taxation in the 1997, 1999 and 2001 legislative sessions. Despite strong opposition by local government, industry successfully passed HB 2050 in 1999, which was vetoed by the Governor. A similar bill, HB 2062, was also vetoed by the Governor following the 1997 session. A veto threat in 2001 kept the same proposal bottled up in committee in 2001. Any exemption of intangible personal property will reduce local government revenue. A study completed in 1998 by a Department of Revenue work group showed that more than $2 billion in assessed value, some $30 million in tax dollars, could potentially be removed from the tax rolls. Exempting intangible property will substantially reduce local revenue and will foster perpetual tax appeals and litigation, an approach which appears not to be backed by economic logic. These issues could easily return in 2007. Recommendation: 1. Oppose the granting of any exemption from taxation for the intangible personal property of centrally assessed companies. If such an exemption is granted, the State should reimburse cities for lost revenue. 2. PROPERTY TAXES FOR LOCAL GOVERNMENT SERVICES Property taxes are critically important to local governments and their ability to provide services to citizens. Property taxes will provide $70 million, or 48%, of the resources to city’s General Fund in fiscal year 2006-07. Property taxes also provide revenue to repay General Obligation Bonds, used by cities as a means of funding a wide range of capital facilities and infrastructure. GO bonds for capital construction currently must have been approved by a double majority or have received a majority at a general election to be outside the constitutional cap for general government taxes. Last legislative session bills were introduced to ease the double majority requirements. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 18 Property taxes should be reserved to fund local government programs and should not be used for State-level services. The State may from time to time use the general obligation pledge, which may include a pledge to levy property taxes, to provide security for bond issues and obtain lower interest rates. The payments on the bond issues should not, however, be intended to be made from property taxes. Property taxes should not be used to fund core State services, like higher education or public safety. Recommendation: 1. Oppose the levying of property taxes by the State to fund State-level services, 2. Support easing of the constitutional double-majority requirement for GO Bonds for capital construction. 3 URBAN RENEWAL DISTRICTS Urban renewal districts provide a tool for cities and counties to use in funding economic development and critical public infrastructure projects. Eugene has used urban renewal to assist in a number of important downtown projects. As a result of Measure 50, the City undertook a full review of its urban renewal programs during the spring of 1998. For the Downtown District, the City determined that it would grandfather the district and redirect all revenues toward an important public project in the downtown area (construction of a new library). With the new library complete, the City Council amended the Downtown District plan in 2004 to allow projects besides the library. Also, the City enlarged and renewed the Riverfront urban renewal district to stimulate development in the vicinity of the Federal Courthouse. The City opposes any proposed legislation that would result in a further loss of revenue to urban renewal districts. One way that such losses could occur is from exempting certain types of levies or taxing jurisdictions from the division of tax calculation. Another way this could occur is if the urban renewal statutes were changed so that compression would occur where compression does not exist under current law. These types of changes would result in a reduced ability by the City to fund highly desired projects. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 19 Proposals have been made from time to time that would mandate the types of projects that all or a portion of urban renewal funds could be spent on. This requirement reduces local flexibility to determine the types of projects that are appropriate in the local area. In addition, proposals have been made to allow governments other than cities or counties to use urban renewal to fund capital projects. The goal of urban renewal is broadly to eliminate blighted areas and improve the economic situation in communities. Use of urban renewal by school districts to build schools or by other types of local governments to fund their capital projects would not achieve that goal. Recommendations: 1. Oppose any legislation that reduces urban renewal revenue . 2. Oppose any legislation regarding urban renewal that affects maximum revenue collection authority granted to urban renewal agencies under Measure 50, that would cause compression where compression does not exist under current law, or that would exempt any levies or taxing district revenues from the division of tax calculation. 3, Oppose any legislation that mandates that a portion of urban renewal funds be spent on particular types of projects. 4. Oppose legislation that would expand the types of governments that are allowed to create urban renewal districts. , 4.ASSESSMENT AND TAXATION APPEALS FUNDING AND STANDARDS Although the assessment and taxation (AandT) function is carried out at the county level, the results are important to cities, particularly in a post-Measure 50 environment. Cities have always relied on county tax collections for city property taxes; now they must rely on the completeness and accuracy of the assessment process to ensure that they receive the full amount of property taxes due. If, for example, the county assessor does not add new properties to the rolls, does not adjust assessments for major improvements or if the market value of properties are not kept up-to-date, additional revenue loss could occur. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 20 The counties have taken the position that they need help Assessment and Taxation Funding with funding of the AandT function. Assessors say that Support statewide standards for assessment and P declining county revenues taxation services to ensure that assessment records have resulted in fewer staff, are correct and up-to-date, and thus can be used to particularly appraisers. provide accurate calculations of property tax They have sought a stable revenue. funding source for AandT activities, and in particular, have proposed that cities, Support stable and dedicated sources of statewide P schools and special districts funding for assessment and taxation activities. share in the cost of property tax administration. Oppose a shift to the cities for funding of county P assessment and taxation activities unless an In addition, appeals of additional source of revenue is identified. assessed property value may result in loss of taxable value within the city and Support a requirement that cities be notified of P subsequent loss of tax appeals of non-residential assessed value. revenue. This is of particular concern for the City of Eugene and other cities which have a substantial portion of their taxable valuation provided by high- technology facilities which may be subject to extreme swings in assessed value. Unexpected reductions of assessed values in such cases can have damaging effect on local services. In order to anticipate changes in taxable valuation, cities should be notified of appeals of assessed value for non-residential property. Recommendations: 1. Support statewide standards for assessment and taxation services to ensure that assessment records are correct and up-to-date, and thus can be used to provide accurate calculations of property tax revenue. 2. Support stable and dedicated sources of statewide funding for assessment and taxation activities. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 21 3. Oppose any shift to cities for funding of county assessment and taxation activities unless an additional source of revenue is identified. 4. Support a requirement that cities be notified of appeals of assessed value for non- residential property. Cities should be given a formal opportunity to comment on the record. C. OTHER LOCAL BUDGET CONCERNS 1. STATE-SHARED REVENUE The provision of police, fire, planning, zoning andother services make the City eligible to receive these funds from the State. The City receives approximately $2.5 million each fiscal year in state shared revenue from cigarette, beer and wine and liquor sales. This money is placed in the City's General Fund and is used to provide essential services, including police services and fire protection The 2005 Legislature attached a budget note to the OLCC budget calling for a study of how local governments utilize state shared revenue. The City is participating in this survey and subsequent discussions, and will continue to emphasize that local control of this revenue is critically important. Recommendation: 1. Support any effort to increase the amount of state shared revenues sent to local governments and strongly oppose any action that would reduce current funding levels. 2. Strongly oppose any action by the State to direct or restrict the use of state shared revenue by cities. 2. ABILITY TO CHARGE FOR STATE-MANDATED SERVICES Cities should be allowed to recover the full cost of providing a service when performing mandated activities on behalf of the State. The State may have an interest in setting guidelines for the fees charged by local government, but cities should be able to request fee increases when their documented costs exceed State recommendations. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 22 3. DISBURSEMENT OF STATE FINES AND FEES The burden of uncollected fines/fees should be shared equally between the State and the City. Recommendation: 1. The City supports any effort to allow cities and the State to equitably distribute any monies collected, so that the burden of uncollected monies is shared by both. 4. ABILITY TO RECOUP COSTS OF STATE COLLECTIONS When the City acts as a collection agent for the State, it should be allowed to retain its legitimate overhead costs before forwarding funds to the State consistent with City collections of County court assessments. 5. FEE FOR SERVICES TO TAX-EXEMPT ORGANIZATIONS Cities should be allowed to collect payments in lieu of property taxes for municipal services provided to tax-exempt organizations. 6. PAYMENT IN LIEU OF TAXES FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES PROVIDED TO STATE-OWNED PROPERTY The League of Oregon Cities is supporting legislation to require State agencies with property within a city’s boundaries to make Payments in Lieu of Taxes (PILOTS) equivalent to the portion of the city’s taxes that goes to support police, fire and emergency medical services. As an example, state-owned properties with an estimated assessed value of about $400 million receive police, fire and emergency medical services provided by the City of Eugene yet are exempt from payment of property taxes to help support those services. Other Oregon cities, like Salem, with many state-owned properties, face similar demands for services. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 23 Recommendation: 1.The City supports proposals to require State-owned property within city boundaries to contribute to police, fire and emergency services, using payment- in-lieu-of-taxes (PILOT) funding mechanisms. 7. PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) The City’s employer rates for the Public Employees Retirement System grew at a volatile and alarming pace in the last 10 years. The 2003 Legislative Session produced HB 2003, the PERS Reform and Stabilization Act. This reform package was spurred on at the longtime urging of local governments, joined later on by the state’s business community and eventually the leadership of Governor Ted Kulongoski. The bill provided corrections for employee/employer crediting practices of the PERS board found erroneous in a previous lawsuit, slowed the growth of employee accounts in an effort to reduce the unfunded liability of PERS and employers. It has been estimated that these reforms shaved nearly five percent off employer rates in the first valuations adopted by the PERS board subsequently. These reforms were challenged and were mostly upheld by the Oregon Supreme Court in 2005. The PERS reforms improve the stability of the PERS system, but stabilization does not fully reverse the spiral of PERS costs brought on in the last 10 years by incorrect crediting practices and the fiscally unsound structure of PERS. Recommendation: 1. Support efforts to uphold PERS reforms and mitigate volatile rate increases to public employers, in a fashion that upholds a fair and adequate retirement for . public employees 8. REPEAL OF LOCAL REAL ESTATE TRANSFER TAX PREEMPTION Under current law, local governments are prohibited from enacting local real estate transfer taxes or fees. Real Estate Transfer Taxes have been used successfully in other City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 24 states as a way of funding and promoting affordable housing. Additionally, a local real estate transfer tax would be a logical tool for local governments to use to process claims and pay just compensation on occasion, in a post-Measure 37 environment. Recommendation: 1. Support efforts to repeal the prohibition of local real estate transfer taxes. 9.LOCAL FLEXIBILITY FOR ENTERPRISE ZONE CRITERIA Enterprise Zones have been useful tools available to local governments to attract employers. However, more flexibility is needed to afford local governments the opportunities to tailor enterprise zone proposals in a way consistent with important and specific city goals and values. Recommendation: 1. Support efforts to allow additional local flexibility to enterprise zone criteria for qualifying businesses. D. STATE BUDGET Measure 50 impaired the City's ability to provide necessary services to its citizens. The City understands the constraints on the State's General Fund budget, but will oppose cuts in State agencies that would impose substantial burdens on local government or require them to assume services cut by the State. In Eugene-Springfield — where a State institution, the University of Oregon — is the largest employer, the community's dependence on the State's financial structure and viability is profound. Local governments are more intricately associated with the State taxation and budgeting structure than is commonly realized. For example, the State's inability to provide adequate funding for human services has had a direct impact on cities, because the demand for services did not disappear. 1. DEPARTMENT OF HIGHER EDUCATION The City deeply appreciates the investments the citizens of Oregon have made, through City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 25 the Legislature, in facilities and programs at the University of Oregon. These investments have allowed the University to return numerous dividends to the State through education, research and public service. The City encourages increased investment in higher education. 2. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT The City supports the Department of Land Conservation and Development (DLCD) budget for the coming biennium, with special emphasis on providing continued funding of the DLCD-ODOT Transportation and Growth Management Grant Program, full funding of local planning grants and an increased level of technical assistance and data/research capacity within the agency. 3. STATE LIBRARY The City will support legislation to continue funding for the Library Link program. This frees up Federal funds for local library development and meets the purposes of Federal law. The City supports State reimbursement of local libraries that lend to other libraries more materials than they borrow, and continuation of a formula distribution of State aid to public libraries. The amount allocated is very small ($1.00 per child through age 14), but assists in providing some library services targeted to children. 4. DIVISION OF STATE LANDS The City of Eugene participated in the creation of the West Eugene Wetlands Plan which has become a national model for addressing Federal requirements to preserve wetland habitats. Programs administered by the Division of State Lands that support the successful administration of this plan include the Wetland Conservation Planning Program, technical assistance on wetlands regulatory issues, the wetland mitigation banking program, coordination with and representation in Federal wetlands policy processes and wetlands determinations for nonprofit development proposals. 5. DEPARTMENT OF ENVIRONMENTAL QUALITY There are many examples where sufficient funding for Department of Environmental Quality (DEQ) programs significantly benefits local governments. These include groundwater protection, toxic use and hazardous waste reduction, solid waste reduction, spill-response programs, the state superfund program to clean up sites contaminated by City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 26 commercial or industrial use of hazardous materials, household hazardous waste collection, market development for recycled products, other toxic site cleanup and the sewer safety net. Adequate funding for DEQ to carry out its water quality programs is extremely important for local governments. 6. DEPARTMENT OF HUMAN RESOURCES Further reductions in services to at-risk youth, families, the homeless, unemployed persons and persons with mental disabilities can create situations requiring police response. Cuts in these areas also would reduce referral opportunities, resulting in reduced ability to resolve problems outside the criminal justice system. The City of Eugene is opposed to State service reductions that will remove key survival services to persons unable to obtain those services elsewhere. Such reductions not only are a direct threat to the health and welfare of thousands of Oregonians, but also present the potential for additional burdens to local social service programs as well as the local criminal justice system. 7. DEPARTMENT OF HOUSING AND COMMUNITY SERVICES The City strongly supports continued State funding for low-income housing programs, including the Oregon Housing Fund, grants to community development corporations and funding for emergency housing services. The Emergency Housing Account has supported programs such as the shelter at Centro Latino Americano and the Interfaith Emergency Shelter Program. The account is mostly depleted and needs to be replenished. IV. T RANSPORTATION A. FUNDING FOR STREETS, HIGHWAYS AND TRANSIT Funding needs for maintenance and preservation of the City’s existing transportation system remain in a critical stage. Inflation is eroding the buying power of current funding, yet the City’s City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 27 population and transportation system usage continues to grow. Present funds do not allow the City of Eugene to preserve its current investment in maintaining existing transportation and infrastructure or address the increased safety seismic, public transit and growth needs of the people and business in our community. Without additional funding, the existing system will continue to deteriorate. ****FLAG FOR FULL COUNCIL DISCUSSION – TRANSPORTATION ISSUES RELATED TO NEW GROWTH – AS PER COUNCILOR PRYOR REQUEST ON 10/17**** Presently there exists an unfunded backlog of capital preservation projects for the City’s streets (street overlays and reconstructions) of over $100 million. This backlog could grow to more than $232 million by 2011 unless additional capital funding is located. The City is also facing a shortfall in funding for transportation system operation as well. In the fall of 2000, the City Council requested that the Citizen Subcommittee of the Eugene Budget Committee review local funding options to address these needs. The subcommittee concluded that the most critical capital funding need currently facing the City is in addressing the backlog of preservation work for both streets and off-street bike paths. In order to meet this goal of preserving Eugene’s transportation infrastructure, adequate funds are also required for operating and maintaining the system. The subcommittee recommended that the council implement a transportation funding package consisting of a combination local motor vehicle fuel tax and transportation utility fee for the purpose of generating an additional $9 million each year to address the City’s transportation funding needs. In 2003, the City of Eugene adopted a $0.03 gas tax. The Council is considering further proposals consistent with the findings of the subcommittee to address transportation funding needs. The 2003 Legislature passed HB 2041, increasing vehicle titling and registration fees to fund a transportation finance package generating $1.6 billion for state and local bridges repair and replacement. Interstate-5 bridges locally, over the McKenzie and Willamette Rivers, are two highlighted examples of the state’s investment in replacing and strengthening bridges essential to the statewide transportation system for both commercial and general use transit. HB 2041 additionally provides helpful revenue to cities that can be applied to maintenance of existing local transportation systems. Further resources are needed locally though to fully address local system maintenance. Recommendation: 1. Support supplemental transportation funding that: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 28 a. bolsters a more equitable share of funding for cities and counties; b. establishes system maintenance, preservation and operation as a priority for funding; c. ensures the greatest possible flexibility for the use of funds to meet local needs; d. supports the development of funding mechanisms to fund transit, including for people access to transit and elderly and disabled funding ; e. encourages transportation cost analysis to consider tolls, congestion pricing and access management alternatives; and the indexing of transportation revenue to counteract the effects of inflation and improvements in vehicle mileage; supports e. encourages the coordination of land use and transportation planning and implementation; f. supports livable communities and innovative strategies, like nodal development, to improve transportation efficiency; and g. preserves all local option transportation system funding alternatives including local option fuel taxes and local transportation system maintenance fees. h. supports elected LTD Board. ****STAFF NOTE – SHOULD THIS ITEM (SUPPORTING AN ELECTED LTD BOARD) BE PUT IN THE GENERAL GOVERNEMENT SECTION; SEEMS OUT OF PLACE HERE*****? 1. HIGHWAY TRUST FUND The City will continue to work for funding that meets the needs of the community. Expenditures from the Highway Trust Fund should continue to be dedicated to a comprehensive, integrated system of streets, highways and other transportation systems. Long-term preservation of the existing public investment in the transportation system should be the first funding priority for Trust Fund revenues. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 29 Distribution of the Highway Trust Fund should be equitable and should be made cooperatively with local jurisdictions. Priority funding for projects should be considered when a local match is available, either in direct project financing or in right-of-way acquisition, design and engineering. Recommendations: 1. Support Trust Fund use for: a. bike path right-of-way acquisition, construction and maintenance; b. public transit; and c. alternative transportation modes, including, but not limited to, light rail, electric trolley and shuttle bus systems. 2. Support distribution of Highway Trust Funds that are equitable and made cooperatively with local jurisdictions. 3. Support priority funding for projects when a local match is available. 2. OREGON TRANSPORTATION PLAN The City has strongly supported the Oregon Transportation Plan, ODOT's long-term, intermodal transportation planning effort. The City urges the Legislature to adopt measures to incrementally implement the plan's strategies for providing Oregon with a comprehensive, adequate transportation system. Recommendations: 1. Support all efforts to implement the Oregon Transportation Plan which are consistent with adopted City policies. 2. Support the State’s partnership, including funding, in efforts to implement projects on state highways in Eugene that address the goals of the Oregon Transportation Plan and the City’s Growth Management Policies. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 30 Support the State’s partnership, including funding, in efforts to implement 2. projects on state highways in Eugene that address the goals of the Oregon Transportation Plan which are consistent with the City’s growth management policies. B. RAIL SERVICE The City strongly supports ODOT efforts to promote improved, high-speed, customer- friendly passenger rail service in Oregon and to obtain the matching federal and state funds needed to make track improvements to support faster service. In 1999, the Oregon Legislature approved funds for a second round trip train and for a network of connecting motorcoaches. In October 2000, Amtrak began a mid-morning departure from Eugene with an early evening return from Portland to Eugene. Ridership has shown encouraging gains in the past 7 years. The presence of connecting motorcoaches allows passengers from rural areas of Oregon to connect to trains in Eugene and Portland. The City of Eugene supports the high speed rail corridor track improvements which have now begun to reduce travel times and increase grade crossing safety in urban areas. Over the past five years, the entire Eugene-Springfield area has mobilized as a region to support the creation of this high-speed rail corridor. Not only will this bring closer cultural and economic ties throughout the Pacific Northwest, but will also mean fewer cars on Interstate 5. This reduction in vehicle miles traveled will in turn postpone the need for expensive road expansions, allow passengers and freight to move more quickly, and improve air quality. Public acquisition, restoration and improvement of the Eugene Amtrak terminal, which has garnered funding from the recent TEA-21 legislation, are also essential components of the overall passenger rail program. Recommendations: 1. Support a service budget level of $10+ million in state funding for intercity rail service. 2. Support federal investment in passenger rail and ensure that funds are provided to match Oregon’s investments in track improvements and capital projects undertaken by local City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 31 governments. 3. Continue to advocate for additional funds and technologies to reduce interference and delays between freight trains and passenger trains sharing the same tracks. 4. Support additional planning and construction funds for local communities to improve safety at grade crossings, upgrade rail beds and acquire rights-of-way to facilitate “passing” areas for passenger trains and freight trains. 5. Support matching funding for the State for federal rail and station projects in the corridor. C. COMMUNITY LIVABILITY - OREGON LIVABILITY INITIATIVE Livable, healthy cities form the foundation of a healthy, vibrant state. State agencies through the Community Solutions Team and other efforts, including the “Oregon Livability Initiative,” are focusing attention on community-based solutions and investments. The initiative seeks to revitalize downtowns and main streets, reduce sprawl and traffic congestion, reward development of affordable housing and rebuild rural and distressed economies. Oregon’s population has grown by over 500,000 since 1990. In the next 20 years, our population is expected to grow by another 700,000. The Oregon Livability Initiative leverages existing revenues to invest in affordable housing, transportation, water, sewer and main streets. The Community Incentive Fund, created by the Oregon Legislature in 1999 in HB 2088, provides millions of dollars in gap financing and technical assistance to local communities and state agencies working to improve their communities. The City of Eugene is pursuing funding under these initiatives to revitalize its downtown and to help its community partners with affordable housing strategies. Recommendations: 1. Continue to support the Oregon Livability Initiative, and encourage additional funding for the Community Incentive Fund. 2. Support the continuation and expansion of the joint Oregon Department of Transportation and Department of Land Conservation and Development Transportation and Growth City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 32 Management program, and urge that its approach to providing funding and assistance to local communities be incorporated throughout ODOT. 3. Support ODOT pilot projects conducted in conjunction with local governments to explore lower cost remedies to traffic and congestion problems faced by cities and counties across the state. 4.Support the use of State Highway Funds allocated to ODOT spent “off system” when it provides a more cost effective and livable alternative to spending funds on the State system, and support legislation to enhance flexible uses of these dollars. 5.Support changes in ODOT access management policies that enhance community livability, and oppose attempts to shift costs related to highway capacity to local government. D. CONGESTION PRICING Traffic congestion can affect the economy and the environment. One strategy to reduce congestion in growing urban areas may be congestion pricing, in order to shift vehicle travel times through pricing mechanisms. Recommendations: 1. Support efforts to implement road pricing methods that significantly reduce congestion. Support local jurisdictions seeking to implement demonstration pricing projects. E. FEDERAL FUNDS Led by a concerted bipartisan effort of Oregon's congressional delegation, Oregon has substantially benefited from the recent Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), a $244 billion federal transportation legislation. SAFETEA-LU maintained provisions that ensure metropolitan areas have direct access to federal funds, and allows for local accountability in selecting and programming projects. Recommendation: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 33 1. Work closely with city, county and transit transportation planners to prepare early for the eventual reauthorization of SAFETEA-LU a few years from now F. LOCAL FUNDING MECHANISMS Revenue tools for transportation have been under attack, as have many other local government funding tools. During past sessions the gas dealers have worked to eliminate local governments' ability to levy a gas tax. Now, more than ever, there is a need to preserve local revenue raising capacity in an environment of increasing maintenance costs and backlog. Recommendation: 1. Oppose any effort to preempt local governments’ ability to raise transportation revenue. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 34 V. PCS LANNING AND OMMUNITY ERVICES A. BUILDING CODES 1. COST ACCOUNTABILITY When legislative action results in code changes that require local administration, there should be State accountability for the additional financial resources that will be required. Funding should be identified before enactment to compensate for such items as personnel training, information and training for the public, and added review. 2. STREAMLINING Building codes have become a complex burden for jurisdictions administering the codes and for those in the building industry. Certain actions would simplify the codes for all parties, making their administration more cost-effective and maintaining the integrity of their intent to promote public health, welfare and safety. Those simplification actions include: a. Eliminate or severely curtail the number of amendments that the State of Oregon adds to the model codes. b. Work with the Oregon Building Officials Association (OBOA) and the International Code Council Inc. (ICC) on code changes rather than interpretations. ICC, a new organization of model code writing agencies, will be the writer of Oregon's model codes. Focusing on code interpretations rather than code changes makes proactive building codes administration more difficult. a. Support improvements to State Building Codes that streamline without jeopardizing health, safety or integrity or infrastructure. 3. STATEWIDE UNIFORMITY City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 35 Ensuring uniform application of Oregon building codes should be recognized as a priority and should be funded to levels allowing effective monitoring and enforcement. Building codes currently are administered and enforced in an inconsistent manner throughout the state. This has caused an atmosphere of uncertainty and unpredictability and has created competition between jurisdictions with regard to development activity. 4. USE OF SURCHARGE DOLLARS FOR TRAINING AND EDUCATION Under current law, a one percent (1%) surcharge is levied on building permit fees to fund training and education administered by the Building Codes Division (BCD). OBOA continues to work with BCD to ensure that the funds are used for their intended purpose and that there is adequate training provided for local building department staff. Recommendations: 1. Support efforts of OBOA to work with BCD to clearly dedicate revenue from the current one percent surcharge on building permit fees to fund education and training programs, particularly for local building department staff. 2. Since the State Building Codes Division has established a new layer of administration in the Portland-Metro area, monitor to ensure that no disproportionate amount is directed to the tri-county area. 5. MINIMUM REVIEW TIME LINES In 1999, mandatory time lines were imposed for simple, new residential construction. The manner in which the administrative rules were written and the complexity of the building code system will minimize any measurable results of these regulations. As a result, there may be additional legislation introduced attempting to force reduced permit issuance time. Legislated time lines have not successfully reduced permitting times in Oregon or other states. Attitudes, plan quality, and work volume cannot be legislated and that is where much of the challenge exists. The legislation does however, add process, time and administrative cost which is ultimately counter productive. Eugene has met or exceeded target processing timelines and anticipates continuing to meet this standard. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 36 Recommendations: 1. Support time lines that protect plan quality and do not unnecessarily expand work volume or increase administrative costs while ensuring timeliness. 6. BUILDING CODES DIVISION OVERSIGHT In 1995, legislation required an operating plan for each jurisdiction and expanded state oversight of local programs. Additional rules continue to increase the State’s oversight and the complexity of the operating planrequirements. Legislation may be introduced whichwould restrict local programs or affect local authority. There is concern that the administration and oversight of the codes is becoming encumbered by regulations to support special interests and trade groups.Additional reforms are needed to reduce the “bureaucratic” nature of the system. Recommendations: 1. Do not support legislation that would restrict local programs or restrict local authority. 7. SHELTER FOR HOMELESS PERSONS Building codes can create barriers to providing temporary shelter to homeless people in our community. The City supports legislation to give communities increased flexibility in administering and enforcing building codes to establish local standards that protect the health and safety of homeless persons while meeting their needs for shelter. 8. SUSTAINABLE DEVELOPMENT As part of the building permit process, the City is increasingly encountering residents, builders, architects, and developers who seek to improve their properties in a way that results in less impact on the environment. The standards most seek to attain have been developed by the United States Greenbuilding Council, Leadership in Energy and Environmental Design (LEED). The City of Eugene should foster public policies that sustain natural resources and minimize the impact of the building environment on the natural environment. Recommendations: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 37 1. Support legislation that promotes sustainable and green building practices, promotes research into the effectiveness of green building and the establishment of economic incentives for builders of sustainable and green buildings. 2. Support legislation and policies that promote sustainable development; that improve environmental standards and the regulatory process; that provide incentives and financial measures for preservation of natural resources; and that promote sustainable energy policies. 3. Support legislation and policies that expand efforts to promote water efficient practices and ensure a clean affordable water supply including but not limited to adopting graywater use regulations that facilitate reduced water consumption in urban households through safe and effective graywater use. 4. Support legislation which renews and/or expands energy tax credits for buildings built to LEED standards, whether residential or commercial. 5. Support legislation eliminating restrictions that prevent private sector installation of waterless urinals consistent with manufacturers’ specifications. 6. Support legislation which renews and/or expands tax credits for products and practices which achieve energy conservation or other sustainable development goals. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 38 B. HOUSING Figures in this section are based on 2000 census data.) ( There remains a growing housing crisis for those who need low-cost housing or Housing Crisis emergency shelter. The need for emergency shelter is documented in the adopted Eugene- Springfield Consolidated Plan, the United 25.7 percent of Eugene’s 58,000 households are very P Way's State of Caring study and Community low-income. When combined with Springfield, over Solutions Plan, and detailed data collected by 20,000 households have incomes at or below 50% of Lane County from a variety of social services the area median . agencies. Despite a variety of shelter and homeless assistance programs (including Family Shelter House, Interfaith Emergency Fewer than 4,500 of the 20,000 eligible households P Shelter Program, Station 7 Youth Shelter, receive housing subsidies, due to a shortage of Lindholm Service Station, and New Roads) resources. and an ordinance that allows churches, businesses, government entities and residents Local counts of homeless people indicate that at P to invite homeless people to camp on their least 1,250 and perhaps as many as 3,500 homeless property, people are still turned away nightly people can be found in Eugene on any given night. from overcrowded emergency shelters. The One third are children. rental vacancy rates in Eugene are near zero, despite the construction of new housing units. The average monthly cost of an older two Many population are in housing crisis or have P bedroom rental in Eugene is $626 per month, become homeless. For instance, 12% of Lane not including utilities. A household relying County’s 38,000 Veterans are homeless ( 4,560) on minimum wage can only afford $390.00 including utilities. This area's most pressing need remains the creation of new low-cost housing for very- low-income households. Evidence of this housing crisis includes: ? Out of nearly 37,500 renter households in Eugene and Springfield, 15,600 (42%) have incomes below 50% of median income (defined as very low income). (2000 census) ? Over seventy percent of very-low-income families pay more than 30 percent of their income for housing. Thirty-seven percent pay more than half of their income for housing. (2000 census) City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 39 ? A majority of very-low-income families are headed by single women. Eighty percent of these families pay more than 40 percent of their income for housing expenses. (2000 census) ? The Lane County Housing Authority closed their Section 8 waiting list earlier this year when it reached over 7,000 names and a longer than three year wait. The adopted HUD Consolidated Plan, which guides local federal low-income housing funding, lists three top priority activities: a) increasing the rental supply of permanent affordable housing; b) enhancing shelter support services for homeless households; and c) increasing the supply of transitional and permanent housing for specialized populations. The cities of Eugene and Springfield and Lane County examine low-income housing needs through an intergovernmental Housing Policy Board whose primary focus is to develop additional housing for very-low-income families. The City also supports broadening the eligibility requirements for housing assistance so that families between 40 and 80 percent of the area's median income will be able to qualify for some , without compromising the existing low-income assistance requirements. assistance. In Lane County, the median income for a family of three is $48,900; 80 percent of the median income is $39,100 (low-income); and 50 percent of median is $24,450 (very-low-income). 1. HOUSING DEVELOPMENT AND SUPPORT PROGRAMS , TheHousing Trust Fund created by statute in 1991, is one of Oregon's more successful programs to increase the supply of affordable housing. The trust fund supports programs ranging from the development of affordable housing to home ownership assistance and an Emergency Housing Account. Oregon Housing and Community Services (OHCS), supported by affordable housing advocates, needs additional funding for affordable housing development through the trust fund, and for emergency housing and rental assistance.This would allow the Department to both increase the level of its current services, as well as make additional investments in social service programs to support those who cannot afford unsubsidized housing. The City supports the continued funding of immediate affordable housing development through the Housing Trust Fund (HTF). Particular sub-goals include: a) Support a funding goal of at least $100 million this biennium 2. REMOVAL OF REGULATORY BARRIERS TO LOW-INCOME HOUSING City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 40 The City of Eugene supports local efforts to make the siting, financing or development of low-income and affordable housing easier by streamlining systems, rules, codes and laws that present regulatory barriers to that housing. The City will support State legislation that encourages the development of low-income and affordable housing while considering the interests of cities and their citizens. The City will support repeal of ORS 197.309 which prohibits local jurisdictions from requiring affordable housing as a condition of development approval (“inclusionary zoning”). The city also supports efforts to prohibit insurance companies from either denying insurance coverage to housing because it has public financing or increasing its premiums for such coverage. ? The City of Eugene supports legislation that provides assistance to residents when manufactured home parks are closed or when rental units are converted to condominiums. ? More than 25 percent of Eugene’s 58,000 households are very low-income. When combined with Springfield, over 20,000 households have incomes at or below 50 percent of the area median. ? The City of Eugene supports legislation that provides incentives for compact urban growth by promoting dense housing in the core areas. ? The City of Eugene supports legislation that provides incentives and subsidies for housing that features sustainable building materials and practices. C. LAND USE PLANNING AND GROWTH MANAGEMENT 1. BALLOT MEASURE 37 / JUST COMPENSATION On November 2, 2004, Measure 37 was passed by the Oregon voters, requiring governments to "pay owners, or forego enforcement when certain land restrictions reduce property value." The City of Eugene has had a legislative policy on just compensation for over a decade. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 41 The City has always supported — and continues to support — the constitutional requirement that property owners who have been deprived of all reasonable economic use of their property by government action should be compensated. The City has opposed legislation and ballot measures that would require compensation if a land use decision deprives a property owner of only some, but not all or nearly all, reasonable economic use of the property. The City’s opposition has been based on the importance of regulations in implementing comprehensive planning and other policy decisions of the council and on the innumerable benefits of these regulations in providing certainty and protection for property owners, developers and neighbors. While some argue that the most basic land use regulations are “takings,” others argue that they are “givings” and that the emphasis on reduction in value is both one-sided and short-sighted. The City of Eugene strongly supports that the legislature track the results of the “Big Look” review, including reasonable replacements to Measure 37, and the City urges the legislature to halt piece meal land use rule changes until after the completion of this assessment. With one exception: The City supports exempting all Goal 5 protections from Measure 37 claims. 2. LAND USE APPLICATION REVIEW PROCESS Bills introduced in previous legislative sessions have attempted to limit local government authority to process land use applications. One of these bills, which passed, instituted the “120-day rule”; a bill to prohibit local government use of a hearings official failed. The 120-day rule, established by legislation in 1993, requires local permit issuers to reach a “final decision” within 120 days of the time a land use application is submitted and deemed complete. Failure to meet the deadline allows the applicant to seek a writ of mandamus from the circuit court, ordering the local government to issue the permit. The 120-day rule applies equally to a two-lot partition and a 200-unit planned unit development. The planning concerns related to planned unit developments are far greater than those applied to partitions, yet the same deadline applies to both. Prior to 2003, an applicant could request a time extension for an application decision in order to provide time for submission of pertinent information. The City of Eugene supported SB 94 in the 2003 Session, which modified the criteria for determining when an application to a city is deemed complete for the purposes of time limit for action by the city. The bill also limited the total of all extensions to 245 days. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 42 Recommendation: 1. Support legislative changes which clarify the requirements for determining a land use application to be complete and increase the time line for city processing of land use applications, especially when the applicant’s proposal is changed substantially during the review process. 2. Support legislative changes which would allow adopted plan policies to be . incorporated by reference in the Land Use Code rather than reprinted in the code and which would allow some discretion in standards for “needed housing.” 3. Oppose legislation that would prohibit or restrict the ability of local governments to delegate land use decision-making authority to a hearings official or planning commission. 3. Support local discretion in standards for needed housing. 3. 20-YEAR LAND SUPPLY HB 2709, which passed in the 1995 Legislative Session and is codified as ORS 197.296, requires cities to include enough residential land within their urban growth boundaries (UGBs) to meet residential needs for the next 20 years. Intended to reduce land prices by increasing the amount of land available for housing, the bill required that projections of the 20-year need for residential land be based on the development that occurred since the last periodic review or during the last five years, whichever is greater. This ignores changes in policy and land use code provisions to facilitate more compact development. The City supports the Land Conservation and Development Commission (LCDC) requirement for a 20-year buildable lands inventory, but continues to oppose the requirement that the housing needs analysis be based only on actual past development. Since the passage of HB 2709, commercial realtors have argued for comparable legislation for commercial and industrial land. HB 3557, which passed in the 2001 Legislative Session, called for establishment of a working group to address issues related to the need for commercial and industrial land. Recommendation: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 43 1. Support legislation to amend ORS 197.296 to allow policy and land use code amendments to be considered in the determination of housing capacity and need. 2. Oppose legislation that would establish a comparable requirement that the determination of commercial and industrial capacity and need must be based only on actual past development. 3. Support legislation that would evaluate and account for rural residential development’s impact on housing capacity within the urban growth boundary. ****THE IGR COMMITTEE REQUESTS THAT THE COUNCIL DISSCUS THE BOUNDARY COMMISSION WITHIN THE CONTEXT OF THIS DOCUMENT***** ------------------------------------------------------------------------------------------------------------------------------- 4. ANNEXATION The Eugene-Springfield Metro Plan establishes an urban growth boundary and envisions that all land within the urban growth boundary ultimately will be annexed to a city and provided with the required urban services. Annexations to Eugene are processed by the Lane County Boundary Commission. In past legislative sessions, legislation has been introduced to eliminate the Lane County boundary commissions and to eliminate or weaken existing methods of annexation. State law currently requires that withdrawals of annexed territory from special service districts be processed by a city separately from Boundary Commission action on the annexation request, necessitating a separate city hearing and action following Boundary Commission approval of an annexation. Recommendations: 1. Oppose legislation that eliminates the Lane County Boundary Commission or eliminates or weakens existing methods of annexation. 2. Support legislation to allow withdrawal of territory from special service districts to be processed by the Boundary Commission concurrent with its action on Comment [JLC1]: These items were annexation requests. flagged for full Council discussions. 5. OREGON LAND USE PLANNING PROGRAM AND LAND CONSERVATION AND City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 44 DEVELOPMENT COMMISSION Senate Bill 100, enacted in 1973, established a statewide land use planning program to address concerns that rapid and uncoordinated development was threatening Oregon’s livability. It required cities and counties to adopt and maintain comprehensive plans, focusing urban development within UGBs and limiting rural development outside UGBs to preserve Oregon’s farm and forest land. During the 1993 Legislative Session, the legislature adopted HB 3661, which revised and weakened the requirements for development on rural lands. Subsequent legislative sessions have produced legislation to expanded uses allowed in rural areas, require LCDC to review its rules on developments in rural residential areas near cities. The City will continue to oppose proposals for intensification of use outside in rural areas near city urban growth boundaries. Bills also have been introduced over the past decade to restructure the LCDC. Proposed changes included the shift from an appointed to an elected commission and the establishment of several regional commissions to replace the existing single commission. The number of commissioners was increased from seven to eight by the 1993 Legislature, but the Commission structure was not changed. Recommendation: 1. Oppose legislation that would weaken the statewide land use planning program or the role or structure of the Land Conservation and Development Commission. 2. The City will continue to oppose proposals for intensification of use in rural areas outside city urban growth boundaries. 6. PREEMPTIVE ZONING AND SUPERSITING During the past several legislative sessions, legislation has been introduced that would preempt local zoning regulations and substitute statewide zoning regulation, or that would establish State supersiting authority. While it is the responsibility of the Legislature to identify land use issues of statewide concern, local governments should have the flexibility to implement State land use policy within the context of their acknowledged comprehensive plans. State agency plans and decisions should be City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 45 consistent with local acknowledged comprehensive plans and local planning processes. Recommendation: 1. Oppose legislation that establishes statutory preemptive zoning or State supersiting authority. 7. CONDEMNATION AUTHORITY Local governments’ existing condemnation authority is rarely-used but important tool that is available to cities and urban renewal districts to help achieve public policy goals relating to transportation, housing, and economic development in particular. Limitation of this authority could result in increased costs to the City and make it more difficult to achieve important public policy goals. Recommendation: 1. Oppose legislation that restricts cities’ condemnation authority or makes more difficult to use this authority to achieve public policy goals. VI. PS UBLIC AFETY A. COURT Municipal Court has a focus on ensuring that sanctions are enforced including collection of fines. The court is also responsible for ensuring other sanctions are available such as work crews, community service, jail and deferred prosecution programs. 1. FUNDING FOR COUNTY JAIL SPACE AND PROGRAMS The City will oppose efforts to reduce local funding for jail facilities. The City supports increases for jail programs, including road and work crews. The Municipal Court depends on the availability of jail space for municipal offenders who are given mandatory City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 46 jail sentences and uses road and work crews for non-violent offenders in an effort to give these offenders an opportunity to make a contribution to their community while satisfying their court obligation. 2. LOCAL GOVERNMENT AND COMMUNITY STANDARDS Local government should have the right to set community standards and be able to maintain those standards through public safety and justice activities. While recognizing the limited jurisdiction of municipal courts, the City will oppose legislation which would mandate the types of cases which may or may not be heard in municipal courts. Municipal courts provide a speedy and cost effective way to deal with violations of the law, many of which would not be heard in Circuit Court. 3. UNPAID FEES, FINES AND PARKING CITATIONS The City supports legislation to allow recovery of unpaid parking fees and fines by withholding vehicle registration renewals. The City supports legislation to allow recovery of other court unpaid fees and fines by attaching income tax refunds through the State Department of Revenue. The City supports continued use of collection agencies. The City supports legislation to allow local authority in application of garnishments as a collections tool without being required to register with the State Department of Revenue. The City also supports legislation to balance the burden of uncollected fines and fees between the City and the State. 4. INCREASES IN BAIL SCHEDULE, FINES AND FEES The City will oppose unilateral increases in fines orassessments as means of increased support to State-sponsored programs or activities. The City will support legislation to allow judicial discretion in the amount of assessments imposed, as well as legislation to reimburse the City for the cost of collecting the mandated State and County assessments. 6. COURT SECURITY FUNDS The City supports legislation allowing local governments to equally share court security . funds City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 47 B. EMERGENCY COMMUNICATIONS AND 9-1-1 SERVICES 1. REAUTHORIZATION AND PROTECTION OF 9-1-1 TAX REVENUES The 9-1-1 Excise tax is set to sunset on December 31, 2007. In FY06, the tax provided $1.2 million in revenue which equated to 24% of the total Communications Center budget. In addition to ensuring that the tax is reauthorized to continue seamless 9-1-1 service throughout Lane County and the State of Oregon, it is important to work to keep those dedicated funds from being expended for any purpose other than 9-1-1 services. In the 3rd Special Session of 2002, $7 million was diverted from the PSAP Consolidation Incentive Fund and $2 million from the Enhanced 9-1-1 Sub-Account (to pay for Phase II wireless location implementation) to credit the State’s General Fund. This diversion of 9- 1-1 funds from the intended purpose for which they were collected from the public, set back significantly the implementation of life-saving Enhanced 9-1-1 technology which would enable 9-1-1 operators to locate wireless callers and dispatch necessary information to emergency responders. 2. 9-1-1 TELEPHONE EXCISE TAX - ADEQUACY AND DISTRIBUTION Revenue from the 9-1-1 telephone excise tax needs to be closely monitored to ensure that it adequately covers the full local cost of providing this mandated service. Where this is not the case, the City of Eugene supports legislation to increase revenue to local jurisdictions to operate the system and/or to reevaluate the 1% guaranteed distribution floor to counties that is inequitable. 3. FLEXIBILITY FOR PSAP ALIGNMENT The City recognizes that some consolidation of Public Safety Answering Points (PSAPs) should occur statewide. However, a one-size-fits-all approach of consolidating to a single PSAP per county could prove costly and reduce levels of service in Lane County and other regions. Lane County includes 4 PSAPs geographically spread out across the Oregon Coast, Willamette Valley, and Cascades, providing high standards of emergency response that a single PSAP alignment would be hard pressed to meet. Additionally, consolidation to a single PSAP might necessitate costs for new facilities. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 48 Recommendation: 1. The City supports legislation authorizing merit based flexibility for multiple PSAP configuration in a county, using levels of services and realized cost savings as criteria. 4. NON-EMERGENCY NUMBER The City opposes any legislation to establish a single statewide non-emergency number. Instead, the City supports local control in listing non-emergency police agency numbers in the front section of the telephone book. C. POLICE AND ENFORCEMENT 1. LAW ENFORCEMENT MANDATES Crime-related laws should be designed to limit administrative burdens. The City opposes unless State requirements for additional paperwork, information collection and forms, such additional paperwork is used for long term data collection and/or research. Local law enforcement resources should continue to be directed at crime suppression and prevention. The City opposes any attempt to impose user fees on agencies and local governments Comment [JLC2]: using the state-run Law Enforcement Data System (LEDS). 2. REIMBURSEMENT FOR NEGLIGENT OR RECKLESS BEHAVIOR In some instances, there are high public costs for public safety responses to incidents caused by the negligence or reckless behavior of individuals. For example, a citizen may swim or boat in a river, find himself stranded, and require an expensive rescue operation with costs that are not recouped by the City. A drunk driver can cause a major accident and down utility lines which require extensive and uncompensated public expense. The City supports legislation that allows responding entities to recoup their costs for handling these sorts of events caused by negligent or reckless behavior. 3. CRIMINAL HISTORY CHECKS FOR CHILD-CARE WORKERS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 49 The City supports legislation to allow law enforcement agencies to conduct nationwide criminal history checks on prospective child-care workers. The City of Eugene provides a before and after school program called Kid City Adventures. Currently, the State Children’s Services Division provides Oregon criminal history checks. The City supports expanding its ability to protect children in its care by obtaining nationwide criminal history checks on prospective employees. 4. STREAMLINE ABATEMENT PROCESS The City supports changes to streamline the process of abatement proceedings on drug houses and other properties on which illegal activities are occurring. Loopholes in the current abatement process have led to extended abatement proceedings, taking months, and in some cases more than a year, to complete. The current loopholes allow violators to lengthen the process by faking compliance, making perfunctory efforts to clean up a property and taking advantage of generous deadlines. 5. TRAFFIC ENFORCEMENT TOOLS: PHOTO RADAR, PHOTO RED LIGHT The City supports giving communities the authority to use photo radarand photo red light technologies as traffic enforcement tools. The City supports efforts to extend both technologies to cities on a wider basis. 6. FIREARMS REGULATION The City supports laws which strengthen reasonable requirements for purchase of handguns. The City will work to protect its regulatory authority with respect to firearms. Infringement on these powers reduces the City's ability to protect its citizens from criminal acts involving firearms and ignores the diversity among communities within this state. 7. LOCAL ABILITY TO DEAL WITH UNSUPERVISED YOUTH The City supports local ability to detain runaways and other juveniles who are beyond parental control and facilitate their referral to appropriate agencies. The City supports strengthening the ability of the juvenile system to intervene and provide services to these juveniles. Some services currently are not available to them because they have not committed "criminal" offenses. This reduces the ability of agencies to provide services, City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 50 and provides no incentive for the juvenile to change his or her behavior. 8. TRAFFIC SAFETY The City supports passage of laws which are practical in their application and will enhance the safety of the motoring public. 9. ENFORCEMENT OF IMMIGRATION LAWS AND COLLECTION OF INFORMATION The City opposes legislation that would broaden the authority and responsibilities of local law enforcement to conduct interviews to collect information on certain individuals not suspected of a crime and/or detect and apprehend persons whose only offense is violation of federal immigration law. The City supports that no changes be made to ORS 181.575 and 181.850. 10. USE OF POLYGRAPH FOR POLICE OFFICER HIRING The City supports a revision to current State law (ORS 659A.300 and any other relevant sections) so that a polygraph and/or other established technology for truth verification can be used as part of the hiring process for police officers. 11. POLICE SYSTEMS DEVELOPMENT CHARGES (SDCs) New growth places additional demands on city services. The City supports expanding the existing definition of capital facilities for which SDCs can be imposed to include police protection, to help offset the costs of new police/public safety facilities. 12. HEALTH HAZARD EXPOSURE INFORMATION FOR PUBLIC SAFETY EMPLOYEES The City supports legislation which would ensure, in cases where a public safety officer (e.g., police officer, firefighter, paramedic) or court employee was exposed to bodily fluids of another person while performing his/her duties, that the other person be required to submit to a blood test to determine whether s/he is positive for a serious contagious disease (e.g., HIV, AIDS, Hepatitis C) and that the results of that test be released in a timely manner to the affected public employee. Some cases of such exposure require immediate treatment of the employee to counteract the effects of exposure and protect his/her health. Currently, that information can only be obtained if City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 51 the person voluntarily agrees to be tested and to release the results of the test. This issue is important because any delay or refusal on the part of the person contacted to allow such testing and/or the release of the results can put the public employee at risk of death or sustaining a serious, debilitating illness. 13. IN-CAR VIDEO CAMERAS The City supports a revision to current State law (ORS 165.540) so that police officers using in- car video camera systems are exempted from the requirement to inform people being contacted by police that they are being recorded. The current law has not kept pace with technology, and in-car video systems fall under it only because of the audio they record. Arguably, under the way the current law is written, a police officer who forgets to advise a person could be considered to have committed a Class A Misdemeanor, since no culpable mental state (e.g., intent) is included in the statute. Exempting this increasingly prevalent technology from the requirements of this statute will allow communities to set their own standards regarding when an advisement should be given, and avoid the risk of losing valuable evidence – or, potentially, use of the video footage for any purpose, such as resolving a citizen’s complaint against an officer – if, in a particular circumstance, the advisement is not done. 14. ENHANCED PENALTY FOR THEFT OF, OR INTENTIONAL DAMAGE TO, PUBLIC INFRASTRUCTURE The City supports legislation which would enhance the seriousness of the offense in cases where an item stolen or intentionally damaged constituted a part of governmental or public utility infrastructure, such as wiring for electrical generation or lighting. The epidemic of theft of copper wire creates not only a serious economic burden on local government, but creates a risk to the public by making ineffective devices which are in place to enhance public safety, such as street and bike path lighting. The City also supports legislation which would aid in investigating and prosecuting those who purchase such stolen items. 15. IDENTIFICATION OF PERSONS STOPPED FOR VIOLATIONS OF LAW The City supports legislation which would require that a person stopped for a violation of law identify himself/herself to a police officer. Current law makes it a crime to give false information (i.e., false name, address, or date of birth) to a police officer but, except for statutes dealing with the operation of motor vehicles (which require that a person present a valid driver’s license), there is no requirement that a person stopped for a violation not involving operation of a motor vehicle identify himself/herself. 16. FLEEING FROM POLICE OFFICERS The City supports legislation which would make it an offense for a person to flee from a police City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 52 officer if an officer has the legal authority to stop him/her. Current law makes it a crime for a person operating a motor vehicle to attempt to flee from a police officer, and has a second (less serious) offense if a person operating a motor vehicle leaves the vehicle and flees on foot. However, people who are utilizing a non-motorized means of transportation (e.g., bicycle, skateboard) or who are pedestrians are not covered at all. In order for a police officer to be able to enforce violations of law against these other individuals, there should be some sanction if the person attempts to flee from the officer, in the same manner as if a person flees on foot after operating a motor vehicle. D. FIRE AND EMERGENCY RESPONSE 1. FIRE SYSTEM DEVELOPMENT CHARGES (SDCs) The city supports expanding SDCs to include fire and emergency response infrastructure and capital facilities costs related to new growth. 2. FIREFIGHTER CERTIFICATION The DPSST may seek to expand its authority to certify firefighters. The City opposes Comment [JLC3]: This item was DPSST certification for firefighters. flagged for full Council discussion. 3. MUTUAL AID: WILDFIRES In those instances where the State Fire Marshal assumes command of a wildfire emergency in the State, the City supports the current mechanisms for responding. The City opposes mandates requiring that local governments maintain specific fire equipment or staffing levels to respond to these events or any legislation that mandates response. 4. WILD LAND FIRE: PREVENTION AND RECOVERY The City currently operates educational programs to reduce the risk of wildfires in the urban/rural interface zone. The City supports maintaining or enhancing the ability of municipalities and districts to recover wild land fire response costs from responsible parties. 6. SKINNY STREETS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 53 The City would oppose legislation that mandates “skinny streets” unless appropriate local design flexibility is allowed to accommodate fire and emergency vehicles and equipment. 7. TOXICS RIGHT TO KNOW The City urges the Legislature to eliminate provisions of ORS 453.370 and 453.402 in order to allow local jurisdictions to impose hazardous substance fees equitably to Eugene employers enrolled in the program. Currently, an arbitrary cap spreads an uneven burden to smaller employers. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 54 VII. Y OUTH A.EDUCATION FUNDING A quality public education system is a universal benefit to the civic well-being of the entire state, and is linked to the economic vitality of cities of well-trained and well-educated work forces. Recommendation: The City supports a bipartisan, adequate and sustainable funding policy for Oregon’s 1. public education system. B. AFTER SCHOOL PILOT PROGRAMS Reliable data indicates that students are safer at school than away from school and that the majority of juvenile crime occurs in the afternoon hours immediately after the close of school when many youth are unsupervised. Juveniles who are engaged in positive activities such as sports, arts, clubs, and homework, especially when those activities involve contact with caring adults, are less likely to go astray. There is conclusive evidence that young people in Oregon who participate in after school programs generally make healthier choices for themselves (less tobacco, alcohol, and other drug use), have higher school performance (fewer suspensions, absences, higher grade point averages) and have lower incidence of juvenile crime or violent tendencies. Local resources available for after school programs have been severely reduced due to recent local property tax reductions, but the need has increased. Recommendation: 1. Support legislation that provides for quality after school and school-break programs, mentoring, community schools and other coordinated prevention programs for youth, children and families. Specifically, support funding for a pilot program to provide grants to smaller Oregon communities to initiate or expand such programs. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 55 C. HOMELESS YOUTH The number of homeless youth has increased in our community and throughout the State. These youth are often the victims of adult criminal behavior. It is widely recognized that this is a growing problem, especially in the cities of Eugene and Portland. Other than affordable housing proposals, however, there have been no specific proposals to address the homeless youth issue. Recommendation: 1. Encourage legislative proposals that attempt to resolve the homeless youth issue. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 56 VIII. EI NVIRONMENTAL SSUES A. POLLUTION, SOLID WASTE AND RECYCLING 1. AIR QUALITY The City will support legislation to enhance Lane Regional Air Pollution Authority's ability to adopt and implement Clean Air Act requirements. 2. HAZARDOUS MATERIALS a. Household Hazardous Waste There is little regulation in Oregon of household hazardous wastes, such as paints and pesticides. Consumers often improperly dispose of these substances and other materials which are not classified as hazardous waste (e.g., used motor oil and antifreeze) by dumping them onto the ground or into storm sewers. Adopting an advance disposal fee would help provide inexpensive disposal alternatives, such as recycling and periodic household waste "roundups," that have been quite successful. b. Hazardous Wastes from Small Businesses The City supports legislative or administrative efforts to develop a system under which small businesses would be able to pool their hazardous wastes for collection, transport and disposal. These costs can be prohibitive, especially to businesses that generate only very small quantities. Any such proposal would have to comply with Federal law requirements imposing liability on the individual generator of the hazardous waste. c. Certification of Environmental Laboratories City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 57 The City supports a State certification program for environmental laboratories. 3. SOLID WASTE AND RECYCLING a. Market Development of Recovered Materials Meeting statewide waste recovery goals under the 1991 Oregon Recycling Act will require improved markets for recycled materials. The City of Eugene urges the State to continue addressing material recovery and market development plans as contained in the Integrated Resource and Solid Waste Management Plan, with emphasis on the following items: Recommendations: 1. The City will oppose mandates that local governments conduct education programs or other activities unless the mandates are funded. 2. The City supports public agency procurement of recycled materials and advocates removal of policies and legislation constraining that procurement. 3. The City supports product stewardship containing “take back” programs encouraging products designed for recycling. 4. The City supports unredeemed bottle deposits to be returned from the manufacturer and earmarked for recovery programs. 5. The City supports continued funding of the Oregon Recycling Markets Development Corporation’s efforts to improve, stabilize and expand markets for recyclable and compostable materials. If markets make it economically infeasible for collectors and intermediate processors to recycle paper, glass, plastic and other materials, the Legislature should take specific actions, including: Recommendations: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 58 1. Imposing charges at the point of sale on packaging that is not recyclable or is not manufactured from recycled materials, and dedicating revenues from such charges to programs for developing markets for recycled materials and/or local waste reduction programs. 2. Providing for statewide recognition of retailers and producers who voluntarily implement and report packaging reduction. 3. Adopting procurement guidelines for State and public agencies that encourage purchase of construction materials with recycled content. b. Waste Reduction Goals Measurement of waste recovery must recognize local efforts that reduce waste and reuse items. Recommendations: 1. The City supports supplementing current methods for measuring recovery by emphasizing multiple waste reduction measures. 2. The City supports reuse and recycling of construction and demolition debris. Where possible, State law should count recovered construction materials toward the waste recovery rate each watershed is required to achieve. 3. The City supports regular composition studies by the Department of Environmental Quality (DEQ) to better understand waste disposal patterns within local discard streams and improve targeting of waste reduction, recycling and composting efforts. 4. The City supports promotion of waste prevention/resource efficiency through Extended Product Responsibility. c. Toxic and Hazardous Wastes City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 59 Waste reduction efforts must focus on reducing the toxicity of waste, as well as the amount. The City supports an advance disposal fee (ADF) on the first possessor of all hazardous materials sold or used in Oregon and/or license fees on wholesale or retail sellers of such materials, and the reinstatement of the ADF on automobile tires. Revenues earned would be statutorily dedicated to funding programs, including waste exchanges, for proper collection and disposal of toxic wastes. The City will support a statutory requirement for sharing revenues between the State and local governments participating in providing household and exempt small-quantity generator hazardous waste collection services. The City also supports deposit or exchange programs, managed by wholesalers and retailers, for household batteries and other toxic consumer goods. Businesses should not be required to take back more items than they sell, but should provide a convenient collection service for the toxic items they sell to their customers. d. Rate Review The City opposes Public Utility Commission involvement in evaluating local solid waste collection rate requests. Independent or collaborative efforts among organizations such as the League of Oregon Cities, Department of Environmental Quality, Association of Oregon Counties, Association of Oregon Recyclers and Oregon Refuse and Recycling Association instead could assist counties and cities with rate review and provide other technical assistance. e. Recycling User Fees The City supports exploration of user fees as one possible option to fund recycling and resource recovery programs. f. Responsible Materials Processing The City encourages the State to provide greater support to businesses and nonprofit agencies that process materials for reuse and recycling. Further, the City supports incentives and/or requirements for manufactured products to be assembled in such a manner that they can be disassembled for reuse and City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 60 recycling. B. WATER AND ENDANGERED SPECIES/HABITAT 1. WATER QUALITY a. DEQ Permit Fees/Water Quality Program Funding The Oregon Department of Environmental Quality issues National Pollution Discharge Elimination System (NPDES) and Water Pollution Control Facility permits. Permit fees include an application fee and an annual permit maintenance fee. The City opposes any effort to increase reliance on fees from local government to support statewide programs, believing that statewide water quality programs should be funded from the State General Fund. Permit and other fees should be based only upon the actual cost of issuing and administering the permits for the different permittees. The distribution of the costs should not result in one class of permittees subsidizing another class (large vs. small permittees or municipal vs. industrial permittees). The State should provide a clear accounting of the basis for any permit fees and of the allocation of fee revenue to permit program activities. The City alsobelieves more attention and resources should be focused on the current backlog of expired NPDES permits. The City further encourages the State to define the responsibility of non-point sources in the funding strategy for water quality program support. Local governments are required to establish fair and equitable user charges to sewerage system customers; a similar level of accountability should be incorporated into the DEQ's permit fee structure. b. Storm Water The City is committed to addressing storm water pollution. The City has developed a comprehensive storm water management plan, and has applied for City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 61 and received an NPDES permit for municipal storm water discharges. The City believes that additional requirements for storm water control should only be implemented following evaluation and documentation of the effectiveness of the management practices in the existing plan, and of the continuing need for water quality improvements. The City supports the use of resources to coordinate municipal urban storm water permitting activities between the regions of the state, including establishing procedures for storage and analysis of statewide storm water monitoring data. The City has established a Memorandum of Understanding (MOU) with the DEQ to administer portions of the Department’s obligations under the industrial storm water program within the City limits. Included in the MOU is a cost-sharing formula for the permit fees associated with the program. The City is interested in exploring additional innovative partnership agreements with the state and local agencies for the effective implementation of the storm water regulations. c. Non-Point Sources National and state water quality monitoring data indicates that non-point sources contribute most of the remaining pollution to surface waters. The City contributed to and supports the Willamette River Basin Water Quality Study which identifies non-point source pollution in the Willamette Basin. The City believes that non-point sources must be considered and included when water quality management plans are developed in the Willamette Basin. The City supports the continued use of State resources to fund comprehensive basin studies of water quality, such as the Willamette River Basin Water Quality Study, and will continue to support related efforts such as the McKenzie River Watershed Council and the Long Tom Watershed Council. d. Innovative Approaches to Water Quality Management Significant future progress in solving the State's remaining water quality problems will require innovative solutions that go beyond the traditional "command and control" permit approaches. Solutions such as watershed management, pollution prevention, and pollution trading will require developing partnerships and incentives to achieve effective improvements to water quality. Strict liability and regulatory requirements currently do not allow the implementation of these flexible approaches. The City supports legislative and regulatory initiatives to facilitate development of new approaches to water quality management, such as effluent trading and “green” permits. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 62 e. Water Quality Standards The City opposes any efforts to change State water quality standards through the legislative process. The DEQ has established a comprehensive process for evaluating current water quality standards and proposing new or changed standards which involves all stakeholders as well as recognized technical experts. This process, followed by opportunities for the public to comment, has led to the Environmental Quality Commission adopting changes to several water quality standards. Future changes to water quality standards, including beneficial use designations, should be obtained through a similar collaborative process, and not achieved through legislative action. Recomendation: The City supports legislative or regulations that will improve water quality and decrease pollution f. DEQ Oversight Of Underwater Injection Control The City urges the legislature to maintain funding for DEQ’s statewide oversight of Underwater Injection Control, or dry wells. Local governments recieve the best level of service, fairness and flexibility by working with a state agency. Turning this oversight over to federal agencies could result in a reduced level of service/communication, delays, and inflexibility with regard local management and operation of Underwater Injection Control. 2. POLLUTION SOURCE EQUITY Since Congressional passage of the Clean Water Act (CWA) in 1972, cities and industries which discharge effluent from a “point source” have been under EPA jurisdiction. Authority to discharge from a point source (for example, a sewage treatment plant) requires a National Pollutant Discharge Elimination System (NPDES) Permit. Although this focus on point sources has significantly improved the nation’s water quality, substantial water pollution continues to result from unregulated “non-point” sources (i.e., water pollutants with diffuse origins). In its re-authorization of the CWA in 1987, Congress addressed part of this problem by requiring cities and certain industries to treat storm water run-off through a series of “best practices.” The 1987 language called for implementation in two phases based on city population. Phase I called for cities with a population of 100,000 or more to obtain NPDES Storm water permits. By 1995, all City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 63 Phase I communities in Oregon had received their NPDES permit. The EPA is now moving into Phase II, which requires all cities with a population exceeding 50,000 to obtain a stormwater permits. The agency has also authorized Oregon’s DEQ to extend the requirement to any city it deems appropriate. Officials from Oregon cities have acknowledged their responsibility for maintaining and improving water quality and have developed measures to reduce discharges from city facilities. Over the next 10 years, for example, Oregon’s Phase I cities and Corvallis will spend more than $10 billion on measures to reduce storm water pollutants. While urban areas are a significant source of storm water pollutants, it is estimated that non-point sources are responsible for more than half of the pollutants in water systems. However, regulatory requirements focus almost exclusively on discharges from point source and urban runoff. If the objective is to remove pollutants from Oregon’s waterways, then all sources of non-point source discharges need to assume an equitable share of responsibility. Local taxpayers should not be expected to continue funding water clean up while rural non- point sources are exempt from responsibility. Recommendations: 1. Support an increase in industrial wastewater fees and require DEQ to be accountable as to how the fees are being used by the agency. 2. Support the use of state revolving funds for non-point sources and advocate for increased funds for the State Revolving Loans Fund program. 3. SALMON RECOVERY AND WATERSHED HEALTH In March 1999, NOAA Fisheries listed the Upper Willamette Spring Chinook as a threatened species under the Endangered Species Act (ESA). The Upper Willamette Spring Chinook spends part of its life in the Willamette River, including areas within the City of Eugene. The protective rules for this species, known as Section 4(d) rules, became effective on January 8, 2001, and prohibit any activity that harms the listed fish or their habitat. Following legal challenges to ESA listing of various salmon populations around the Northwest, NOAA Fisheries reviewed salmon listings throughout the region, City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 64 including the Upper Willamette Spring Chinook. NOAA Fisheries has recently proposed to maintain the listing of the Upper Willamette Spring Chinook as threatened. On April 10, 2000 the Eugene City Council adopted a resolution directing the City to support recovery of upper Willamette Spring Chinook through an integrated, City-wide effort. The resolution directs the City to work in partnership with local, state and federal agencies to develop regional recovery plans. Recommendations: 1. The City supports efforts to preserve the ability of local governments to pursue recovery of salmon populations through a mix of regulatory compliance, restoration projects, community outreach and involvement. 2. State and federal salmon recovery efforts should be responsive to and coordinated with locally adopted and developed recovery plans. 3. The City supports the restoration and full implementation of the Pesticide Tracking Bill passed by the 1999 legislature. The City encourages the State of Oregon to work closely with local governments to identify and share pesticide data, and to better assist with salmon recovery and water quality planning efforts at the local level. 4. The City supports legislative proposals and recommendations that address comprehensive salmon protection and recovery in a holistic manner.Support efforts to develop endangered species recovery plans within the context of a comprehensive watershed health plan, and specifically address salmon recovery needs in urban areas. 4. NOTICE FOR SPRAYING PESTICIDES/INSECTICIDES The City of Eugene supports changes to ORS 634.057 to allow localities to use Home Rule authority to require advance notice of spraying of pesticides or insecticides. 5.EXPANDSION OF FOREST LEGACY PROGRAM BEYOND UGB’S In 2005, the Legislature authorized Oregon to participate in the Federal Forest Legacy City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 65 Program, designed to direct funds to state and local governments to preserve rare and threatened forest habitat. The South Eugene Hills and Coburg Hills have been identified together as one the top national priority project areas. The 2005 legislation, however, restricted Forest Legacy applications to only land parcels within an urban growth boundary. The highest and best use of Forest Legacy funds is most frequently just outside urban development. The City of Eugene strongly urges the legislature to allow for Forest Legacy applications outside of urban growth boundaries. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 66 IX. GG ENERAL OVERNMENT A. BUSINESS LICENSING Cities should be able to license business activities which are not already regulated by the State in order to promote public health and safety. Cities also must be able to charge sufficient fees to recover regulatory costs. Cities should retain the right to regulate activities when State regulations are insufficient to address local community concerns. For example, the City of Eugene regulates a limited number of business activities such as taxi service and sidewalk vending in order to safeguard the public's health, safety and welfare. B. CONTRACTING 1. The City supports fair and open procedures in awarding contracts with the flexibility to respond to local conditions and resources, including costs of monitoring the contracts, the availability of competent suppliers to ensure competitive bidding. 2. The City supports modifying Qualified Rehabilitation Facilities (QRFs) statutes to exempt security employment from the areas QRFs are awarded selection preference. 3. The City supports legislation that will promote local sustainability by permitting purchasing and contracting by public entities to be awarded based upon sustainable Comment [JLC4]: These items were criteria such as locally grown or produced and family wages with benefits.. flagged for full Council discussions. C. LABOR 1. LOCAL CONTROL OF WAGES, BENEFITS AND EMPLOYMENT PRACTICES The City will oppose legislation that restricts or diminishes the rights of local governments to exercise local control over benefits, wages and employment practices, whether those restrictions come through policy or the collective bargaining process. The City will oppose adding any more groups or categories of employees to those already eligible to receive police and fire fighter benefits. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 67 2. ADEQUATE BENEFIT LEVELS The City supports the provision of public employee benefits that are consistent with formal needs assessments and/or actuarial studies establishing standards of adequacy. Benefits exceeding such standards should be provided at the discretion of individual employers, and should not be mandated. 3. DEFERENCE TO VOLUNTARY NEGOTIATIONS Resolution of employment disputes through voluntary agreement between the parties is preferred to procedures which impose settlements by a third party. 4. INSTALLATION OF ELECTRICAL EQUIPMENT The City supports expanding the existing exemption afforded to cable television companies from electrical permit and licensing requirements to include all forms of communications cable (e.g., coaxial and fiber optic). These types of installations do not require the knowledge, skills and abilities represented by a commercial electrician's license. Cities should not be required to pay the associated fees and expenses of using licensed electricians to install telephone and computer cable and equipment. These requirements do not result in improved personnel or building safety. D. LIQUOR LICENSING To sustain safe, livable neighborhoods, local government recommendations regarding the issuance of liquor licenses should have greater weight when the Oregon Liquor Control Commission acts on license applications. Adverse recommendations by local governments should have “presumptive” effect, meaning that a liquor license applicant would have to show good cause to overcome an adverse recommendation from a city. Prior to 1988, adverse local government recommendations regarding issuance of liquor licenses did have a presumptive effect. The Oregon Liquor Control Commission (OLCC) defined presumptive effect as meaning that once an applicant received an adverse recommendation based on OLCC approval criteria, the OLCC would not issue a license unless the applicant was able to show good cause that outweighed the local recommendation. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 68 criteria In 1988, the Attorney General issued an opinion stating that OLCC licensing criterion concerning a local governing body endorsement was invalid, that by giving presumptive effect to adverse local government recommendations, the Commission was delegating its licensing authority to local governments unlawfully. The OLCC deleted the language and current language now states: “Local government, other government agencies, organizations, facilities or individuals may give the Commission reliable factual information concerning whether there is a basis to grant or deny a license or to impose license restrictions . . . .” Creating (or re-establishing) a presumption against a license when an unfavorable recommendation is forwarded by a local jurisdiction should be pursed. Such a change in the statutes would allow local governing bodies a greater role in the licensing process. Local recommendations would carry greater weight, while OLCC would play more of a reviewing role criteria and would maintain statewide criterion , thus maintaining consistency in licensing matters across the state. By applying a local government recommendation as a presumption, more of a burden would be placed on the licensee to show good cause to overcome the recommendation. The local government recommendation would be based on a set of conclusions applying the criterion criteria developed by the OLCC, to the facts, as determined by the local government. Recommendation: 1. Support legislation providing local governments with presumptive effect regarding the issuance of liquor licenses. E. LIBRARY 1. SENATE INTERIM TASK FORCE ON LIBRARY COOPERATION The City has an interest in partial funding to provide library resources to all Eugene residents through a variety of State programs including Oregon LINK and the Net Lender Reimbursement program. The City will closely monitor legislative proposals to modify or create new systems of library cooperation at the State level. 2. FREEDOM OF EXPRESSION/FREE ACCESS TO IDEAS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 69 The City will closely monitor legislative proposals that may have the effect of restricting freedom of expression or access to ideas presented in literature and art, with a view toward ensuring that both State and U.S. Constitutional guarantees of these freedoms are not eroded. 3. BASIC PUBLIC LIBRARY SERVICE Basic library service must remain available to all citizens and taxpayers free of additional charge. Basic public library service is defined as access to the building and collections, checking out materials available for circulation and reference, or readers' advisory assistance. F. PUBLIC RECORDS 1. COPYRIGHT AUTHORITY State law permits some agencies to copyright and market data, text compilations, and indexes of public information. The City will seek copyright authority for software systems and other electronic and data services and products that have a commercial value and were developed using public funds. 2. EMPLOYEE, JUDGE AND CONTRACTOR RECORDS The City supports legislation which protects privacy of employees, judges and as pertains to contractors, including personnel records and personal information such as home addresses and phone numbers. 3. VICTIM/WITNESS/JUROR PRIVACY The City will support amendments to State public records law to protect the privacy of reporting parties, crime victims, witnesses, and jurors. 4. PAYMENT FOR PUBLIC SAFETY RECORDS City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 70 The City supports legislation to require the State or criminal defendants to pay for records requested through discovery or by subpoena. The City charges fees authorized by the Public Records Law for records requested by criminal defendants or their attorneys. Requesters have learned that the same records are available at no charge if the request is made through discovery or by subpoena. Frequently, these requests are voluminous and seek records not directly related to the case at hand. While it is less expensive to honor the request than to use expensive attorney time to narrow the discovery request or quash the subpoena, the City should not be required to provide this service free of charge. 5. EXPUNGEMENTS The City is frequently ordered by the State District and Circuit Courts to expunge individual adult or juvenile criminal records which meet certain criteria. The State charges and collects a fee to cover the processing costs for adult expungements, but local government also bears a workload burden in this process. Expungements are a complex and staff-intensive process. While the expungement process allows individuals to clear their records after certain periods of time, they also impede investigations of criminal activity that has formed a pattern over the course of several years. The City will support legislation to stiffen expungement criteria, allow juvenile criminal records to be sealed rather than destroyed, and allow the City to recover its actual costs in complying with expungement court orders. 6. ELECTRONIC SIGNATURES AND ELECTRONIC ORIGINAL DOCUMENTS The City supports legislation permitting electronic signatures and electronic original documents, such as warrants, to help information processing throughout local government, and to include certain public safety records exempt from public records law. Electronic original documents is a new concept that should be considered. The State of Utah currently has electronic original document legislation which serves as an acceptable model. The City supports legislation allowing local development of standards for electronic filing. G.SMOKING BAN AND TOBACCO REGULATION Overwhelming scientific evidence exists documenting the harmful health effects of smoking and of exposure to secondhand smoke. The Eugene City Council has adopted ordinances to restrict access of youth to tobacco products and to protect workers and the public from secondhand smoke in all places of employment and other public places. The major provisions of those City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 71 ordinances are as follows: 1. YOUTH ACCESS RESTRICTIONS a. Prohibits the sales of tobacco products to minors (persons under 18 years of age). b. Requires retailers of tobacco products to obtain a license to sell tobacco. c. Prohibits self-service tobacco sales, and require all sales of tobacco products to be vendor-assisted, that is, have tobacco products behind the counter or in a locked case, so that a sales clerk must assist the transaction and determine the age of the customer. 2. CLEAN AIR IN PUBLIC PLACES AND PLACES OF EMPLOYMENT a. Prohibits smoking in any enclosed place of employment and public place, including, but not limited to, restaurants, bars, taverns, lobbies, elevators, meeting rooms, banks, education facilities, public transportation, retail businesses, movie or theater facilities, sports facilities, meeting rooms, health care facilities. b. Requires posting of a no smoking sign in a conspicuous location in every affected building and at the primary entrance. c. Prohibits smoking within a reasonable distance, of not less than 10 feet, of any entrance to any enclosed area where smoking is prohibited. Eugene’s ordinances prohibiting smoking were nearly preempted in 2001 legislative session. HB 2828 preempted local authority to enact such ordinances, substituting a statewide workplace smoking ban (with exceptions, such as bars or taverns for example) prohibitive of stricter local ordinances. However, the City of Eugene’s ordinances were grandfathered in along with the ordinances of nearly a dozen other communities enacted prior to July 1, 2001. The original bill would have preempted all local bans, or some, including Eugene’s. The governor’s veto threat for any bill which did not exempt Eugene led to an agreement preserving Eugene’s ban. Recommendations: City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 72 1. Oppose any legislation to repeal provisions of the statewide policy which preserve more prohibitive locally enacted ordinances regulating smoking in public places and places of employment. 2. Support any legislation to enact restrictions similar to Eugene’s on a statewide basis. H.USE OF THE INITIATIVE PROCESS, ELECTION REFORM Oregon has two systems of lawmaking: one by the people themselves (the initiative process) and one by their elected representatives (the State Legislature and local government bodies). This dual system serves the public interest best when the strengths of each system offset the weaknesses of the other. The number of statewide initiatives measures has steadily increased in recent elections. As a result, some problems have arisen that affect both state and local government in Oregon. While state and legislative bodies are required to balance budgets, initiative lawmaking is under no such constraints. Some initiative measures have imposed heavy financial burdens on state and local governments, and yet made no provision to paying the cost of those burdens. Several initiatives have enacted new programs or policies directly into the state constitution rather than by statute, creating difficulties of interpretation, implementation and financing. The ability of the State Legislature to respond is also limited. Initiative campaigns are increasingly placed on the ballot by private sponsors, without public or legal review, and are promoted by professional high-tech campaigns. Voters are faced with a dizzying array of complex measures on their ballots. Reforms are needed to ensure that the initiative process is no longer distorted and balance is returned to the system. Recommendations: 1. Support proposals to increase the number of signatures required for an initiated constitutional amendment. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 73 2. Support proposals to limit the extent to which an initiated constitutional amendment can require the state and/or local governments to make appropriations or incur expenditures in excess of a certain amount to be fixed by law. 3. Support legislation requiring that prospective petitions be submitted to an appropriate state agency (Legislative Counsel or Attorney General) for advisory technical review prior to approval for circulation. X. T,, ELECOMMUNICATIONS CABLE COMMUNICATIONS AND BU, ROADBAND SE OF THE PUBLIC WAY INCLUDING VOICE OVER INTERNET PROTOCAL (VIP) Principles of Communications Use of the O Public Rights of Way (ROW) Congress, Oregon courts, and the State P Legislature have clearly recognized that the Under federal, state and local law, cities have authority to rights of way are a valuable public asset. manage the public right of way (ROW) and collect fair compensation for its use by private communications Cities have a duty and obligation to manage P providers. As cities develop, the public ROW represents the public rights of way for their citizens. a substantial public investment and resource. Preservation of city franchise fee authority P When Congress passed the Telecommunications Act in must be assured. 1996. To encourage competition, the Act limited federal, state and local regulation. Congress anticipated that City authority to manage the public rights of P increased competition would result in better, broader way must be preserved. service and lower telecommunications costs to more Americans. However, the Act expressly preserved local authority to manage the ROW, charge reasonable fees for A franchise fee is not a tax. It is a business P commercial use of the ROW and impose certain fees and operating cost incurred by providers when they use the public rights of way for their taxes. commercial endeavors. After a decade of court decisions across the nation, local Cities have legal authority for land use P and state legislative reactions, Senate Bill 150 (Wyden) decisions relating to siting of in 2004, and a pending 2006 federal re-write of portions telecommunications and related facilities such as cell towers. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Existing authorities to form and operate P Updated on: 11/6/2006 By: Last saved by ceexmfw municipal electric utilities must be retained. 74 Support efforts to institutionalize adequate P levels of customer service. of the 1996 Act, municipalities have seen a myriad of mergers and acquisitions among the largest communications companies in the nation. Along with continued increases in many service costs, and technology changes, recent interpretations by the FCC and courts are blurring the landscape of municipal authority. Rent for Private Use of Public ROW: Procedurally, the 1996 Act continued the federal government’s role as primary regulator, but cities and states retained critical ROW management authority under the Act. The Act specificallycontinues municipal authority to manage the public ROW and to receive compensation for its use, considered as rent. As recently as September 2006 in the Qwest v Portland case, court decisions have reaffirmed cities’ rights to receive reasonable compensation – not limited simply to ‘costs’ associated with ROW maintenance as a result of any specific use. A series of Oregon th appellate court and Federal 9 Circuit legal decisions reaffirmed cities’ authority to manage and charge for use of their rights-of-way. S150 (Wyden,2004) extended the tax moratorium on Internet taxation, but also clarified that the bill was to have no impact on municipal rights to charge rights of way use fees or taxes on facility-based broadband voice service operations (such as Qwest DLS, ClearWire, Comcast Digital Voice). FCC members have also voiced that their rule-making regarding the Internet or cable not modem is intended to interfere with cities’ authority to manage the ROW or to impose taxes. Construction Permits for Private Use of Public ROW: Cities are realizing that technological advancement and growth contribute to the busy and crowded nature of our public ROW today. An increasing amount of activity occurs above, on and below the ROW. Residents and businesses make ordinary use of the public ROW by walking or driving on it. Others access the public ROW for extraordinary uses such as cable, natural gas, telecommunications, electricity, water and sewer lines. As users compete for access, local management of the public ROW becomes increasingly critical. Cities must be able to respond to competing needs and provide users equitable access to the public ROW. Cities manage these competing needs through their permitting procedures, which outline location, construction, and traffic control standards. Increased interest in use of public ROW thus increases municipal monitoring to mitigate disruption to the ROW. Despite the increased workload, industry accusations regarding permitting delays by Oregon cities have notbeen substantiated. Thus, legislation aimed at curtailing cities’ existing permitting procedures is not appropriate and could erode municipal activities that sustain the useful life of city streets and roads as surfaces are repeatedly cut and patched. Cities manage the public ROW as a service to their citizens. Cities receive compensation from telecommunications providers when providers use the public ROW as a part of their doing business. Since the passage of the Telecommunications Act in 1996, carriers are increasingly insistent that local regulation and management procedures not impede their ability to bring ‘state-of-the-art’ telecommunications services to Oregonians, and argue that municipal fees and charges they are faced with by multiple jurisdictions have that effect. In light of recent, clearly written court opinions, this argument is simply not credible. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 75 In conclusion, fair and reasonable compensation for use of the public ROW should continue to be collected from service providers. Management authority should alsoremain localized to allow cities to meet existing and future federal requirements for nondiscriminatory access. Increasing use of ROW also increases the need for adequate construction and safety criteria. Cities, consulting with appropriate engineering resources, should be responsible for creating and enforcing standards that ensure effective ROW management and accessibility. Related Issues: Provider Fee Pass-Through to Customers: Some providers directly pass all or part of their cost for their business use of the public right-of-way onto their customers by calling it a tax on their customers’ telephone bills. Such a cost is not a tax. It is a business operating cost incurred by providers when they use the public ROW. When the cost is directly passed through to the customer, the citizen is, in effect, paying the telecommunications provider for the providers’ privilege to use that citizen’s publicly managed ROW. Such a practice is a misrepresentation of billing to telecommunications customers. With few exceptions, providers are not required to pass on these particular expenses to customers; they choose to do so, as allowed but not required by federal law. Wireless Facility Zoning and Siting: Along with cities’ authority to manage the public ROW for their citizens, the Act also affirmed cities’ have legal authority over land use decisions relating to the placement of telecommunications facilities such as cell towers. This authority allows cities to protect the livability of their communities. The cities’ authority in this area should not be curtailed. Municipal Provision of Telecommunications Services: In keeping with Congressional efforts to increase competition through the Act, cities and municipal utilities should continue to have direct authority to provide telecommunications services for themselves and on a for-hire basis as desired. Recent federal appellate decisions have reaffirmed cities rights under the Act. Telco Operated Video Services: Within the last couple of years, telecommunications provides, such as Verizon have developed the technological expertise to offer video programming services over their look and act telecommunications lines. Whether to be treated as a cable provider, since they like a cable provider, has been the discussion in other state legislatures and in Congress. Industry has moved from state to state with prepared legislation that calls for State, not local, video programming franchising when offered by Telecommunications companies. Many bills have already been adopted, most notably California, that are not beneficial to cities from a programmatic, financial, or consumer perspective. Telecommunications policy remains a critical issue for cities facing the 2007 Oregon legislative session. Legislative decisions in the telecommunications arena could have an enormous impact on city authority and revenues. In addition to new attacks on long-standing municipal policies and standards, advancing technology and changes in the industry create a challenge to cities’ long standing inherent authority over City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 76 certain telecommunications issues. Recommendations: 1. Support existing city responsibility to manage the public ROW, including opposing the preemption of any portion of Eugene’s Telecommunications ordinances, upheld by the Oregon Supreme Court. 2. Support existing city right and duty to collect fair compensation from telecommunications and cable providers for use of public infrastructure and ROW. 3. Support clear and forthright billing practices between telecommunication providers who use the public ROW and their customers. Providers should treat any costs they incur from using the public ROW as a business operating cost, not as a tax. 4. Support current city zoning authority regarding the siting of telecommunications towers and other facilities. 5. Support existing ability of cities and municipal utilities (i.e., Eugene Water and Electric Board) to own, operate, construct and provide telecommunications services on a level playing field with private providers. Oppose any attempt to pre-empt this activity. 6. Support existing local authority to make decisions regarding acceptable in-kind services in lieu of franchise fees for use of the public ROW. Oppose any attempt to preempt local use of in-kind agreements as a method of valid compensation. 7. Support continued localized telecommunications and cable rights of way use agreements. Oppose transition to state franchising if local revenue protections, management authorities, and customer service standards are not maintained or increased. City of Eugene Legislative Policies, 2007 Session With IGR Mtg 10/17 and 10/26 Amendments C:\Documents and Settings\ceexelf\Local Settings\Temporary Internet Files\OLK10B\LegPol2007Sesxx1.doc Updated on: 11/6/2006 By: Last saved by ceexmfw 77