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HomeMy WebLinkAbout01/26/1983 Meeting M I NUT E S e Eugene City Council City Council Chamber January 26, 1983 11:45 a.m. COUNCILORS PRESENT: John Ball, Richard Hansen, Freeman Holmer, Mark Lindberg, Emily Schue, Betty Smith, Cynthia Wooten. ABSENT: Councilor Brian Obie. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR & COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Suggested Reconsideration of Start-Up Date of New Sewer Rate Structure Councilor Wooten noted that the proposed new sewer rate structure was scheduled to go into effect with March 1, 1983, billings. She said that since these bills were for service provided in the month of February, this meant that the fee would be charged for a period prior to the council IS public hearing and decision on the proposed changes. She therefore urged that the date of initiation of the 4Ia new rate structure be reconsidered. B. Federal Procurement Conference to be Held in Eugene Councilor Wooten announced that Congressman Jim Weaverls office had received notice of preliminary approval of a Federal procurement conference to be held in Eugene. She said that approximately 30 Federal contract officers would be coming to Eugene to discuss Federal procurement procedures. C. Economic Development Grants to Veneta and Cottage Grove Councilor Wooten said Congressman Jim Weaver's office wished to announce that firms in Veneta and Cottage Grove had been awarded several thousand dollars as part of an economic development program operated by the Department of Housing and Urban Development. D. Woonerf Design Development Workshop Councilor Lindberg referred to an article in a recent issue of the newsletter of the West University Neighbors and noted that the neighborhood group would be holding a design development workshop at 7:30 p.m. on February 3, 1983, at the Central Presbyterian Church to discuss design of the Woonerf area. He said that some councilors had expressed concern about the Woonerf design when the council had previously considered this concept, and he urged councilors to attend the meeting and take part in discussion of design issues. - MINUTES--Eugene City Council January 26, 1983 Page 1 e e - E. Reports to Council on Fiscal Matters Councilor Holmer referred to the reports councilors receive on expenditures from City funds. He said he had been advised that a modification to the accounting system would give more information on expenditures in excess of $5,000 by fund in the Council Bill Payment Report. He referred to news articles regarding City repayment of certain funds to the Department of Housing and Urban Development and said he was concerned that the matter had not been channeled through the council. He also referred to a November 1, 1982, letter from Peat, Marwick, and Mitchell regarding the recent City audit report and said he felt the council should discuss this report. Councilor Wooten responded that this matter had been addressed at a recent meeting of the Budget Committee, at which Finance Director Warren Wong had reported on City compliance with audit report requests. Tim Sercombe, City Attorney's Office, responded to the HUD repayment issue. He said that a memorandum from himself and from John Porter, Interim Director of the Department of Housing and Community Conservation, explaining the current status of the HUD issue, had been sent to councilors approximately ten days ago. He said that a portion of that memo addressed the matters of cost and accounting for funds. Mr. Sercombe noted that the matter was still under negotiation with HUD and said staff could report directly to the council when negotiations are completed, if that is desired. Mr. Holmer thanked Ms. Wooten and Mr. Sercombe for their information. He noted that his primary concern was that these matters be discussed publicly and agreed that the Budget Committee may be the appropriate forum for such discussions. City Manager Micheal Gleason explained the current procedure on audit reports. He said that the City's approximately 60 different funds were in many cases audited one at a time. He said that staff distributes the audit information to the council and the Budget Committee and then brings a recommendation to the council from staff on how to deal with the audit. He said that a discussion and proposed resolution on the Peat, Marwick, and Mitchell report was scheduled for a February council agenda. He said that when such reports are made the council can agree with the staff recommendation, amend it, or go into more detail. He noted that the council could request a change in that procedure. Mr. Sercombe said that the Community Development Committee had discussed the audit of Community Development Block Grant funds at its January 21, 1983, meeting. He said that the February CDC agenda will include recommendations from staff for policy related to the CDBG program. The CDC will then make recommenda- tions to the council regarding changes in policy and structure changes for the program and expenditure of program funds. Mr. Sercombe also noted that although the Peat, Marwick, and Mitchell report was dated November 1, 1982, it had been received by the City on January 4, 1983. F. Request for Council Member to Serve on Metropolitan Wastewater Management Commission Advisory Committee MINUTES--Eugene City Council January 26, 1983 Page 2 e Councilor Smith said that the MWMC Advisory Committee was made up of citizens and elected officials and had the function of reveiwing MWMC processes and procedures. She said that a member of the Eugene City Council was needed to serve on the committee. Mayor Keller said that he would take responsiblity for seeking a volunteer to serve on this group. G. Designation as Service Delivery Area Mayor Keller noted that councilors had received a copy of a letter requesting designation as Service Delivery Areas that Lane County and Eugene hoped to send jointly to the Governor. He asked councilors to contact him if they had con- cerns regarding the letter. H. Appointments 1. Consideration of Council Subcommittee recommendations for Human Rights Commissions' appointments (memo distributed) Ms. Schue moved, seconded by Ms. Smith, to approve the recommended appointments to the Human Rights Commissions: WOMENIS COMMISSION As members: Term Expi res: Justlne Heavilon 3973 Onyx Street, Eugene 97405 January 1, 1Y86 Kel i Osborn 1953 Riverview Street, Eugene 97403 January 1, 1986 Alana Probst 4695 East Amazon Drive, Eugene 97405 January 1, 1985 As alternates: -- Phyllis Wagoner 1860 Hayes Street, Eugene 97405 Patty Pate 4825 Center Way, Eugene 97405 Chuck Sowards 1843 Moss Street, Eugene 97403 Beverly Behrman 1808 East 28th Avenue, Eugene 97403 YOUTH COMMISSION As members: Term Expires: Mi kal Krummel 47 Monroe Street, Eugene 97402 January 1, 1986 (reappointment) Dave Kanner 1136 West 8th Avenue, Eugene 97402 January 1, 1986 As alternates: Lori Salzarulo 1760 West 17th Avenue, Eugene 97402 Carol Dawes 2328 Washington Street, Eugene 97405 Susan Peck 2040-A Emerald Street, Eugene 97403 AGING COMMISSION As members: Term Expi res: Davi d Qui nl an 2160 Potter, Eugene 97405 January 1, 1986 Martha MacFarlane 1833-1/2 Villard Street, Eugene 97403 January 1, 1986 Richard White 5477 Donald Street, No.4, Eugene 97405 January 1, 1985 As alternates: BenJamin Taitel 2115 Britanny Street, Eugene 97405 Donna Payne 1877 Brewer Avenue, H-2, Eugene 97401 Paul i ne Rughani 2384 Panorama, Eugene 97405 e' MINUTES--Eugene City Council January 26, 1983 Page 3 e MINORITY COMMISSION As member: Harriet Nelson As alternate: James Campbell Robi n Johnson DISABLED COMMISSION As members: Paul Cimi nell 0 Patricia Farrell Mary Porter Leistner Tim Criss Coll in Gray (reappointment) As alternates: Barbara Walsh-Moser Deborah Killian James Ashley Jane Alward 537 Archie Street, Eugene 97402 365 River Road, PO Box 10981, Eugene 97440 842-1/2 Almaden, Eugene 97402 January 1, 1986 746 East 25th Avenue, Eugene 97405 988 West 3rd Avenue, Eugene 97402 2433 Pioneer Pike, Eugene 97401 3485 Regent, Eugene 97401 130 River Road, Eugene 97404 January 1, 1986 January 1, 1986 January 1, 1985 January 1, 1985 January 1, 1985 2481 Lincoln Street, Eugene 97405 2240 Fillmore Street, Eugene 97405 2285 Silhouette, Eugene 97402 2100 Madison Street, Eugene 97405. Roll call vote; motion carried unanimously. Consideration of Council Subcommittee recommendations for appoint- ment to Metropolitan Cable Television Commission (memo distributed) Ms. Schue moved, seconded by Ms. Smith, to reappoint Glenn Starlin, 366 Sunset Drive, Eugene 97403, to the Metropolitan Cable Television Commission for a term to expire January 1, 1986. Roll call vote; motion carried unanimously. 3. Consideration of council committee assignments for 1983 (assignment listing distributed) 2. e Ms. Schue moved, seconded by Ms. Smith, to approve the council committee assignments for 1983. Councilor Holmer referred to the listing of his name as councilor assigned to the Boundary Commission. He said he understood that Boundary Commission appoint- ments were made by the Governor. Councilor Wooten responded that the council assignment was to serve on a budget committee for the local Boundary Commission. She said this committee usually met only once per year, unless there was a fiscal crisis affecting the commission. Roll call vote; motion carried unanimously. II. PUBLIC HEARING: MODEL CHARTER FOR NEIGHBORHOOD ORGANIZATIONS AND GUIDELINES FOR NEIGHBORHOOD ORGANIZATION RECOGNITION POLICY (memo, resolutions, additional information distributed) - January 26, 1983 Page 4 MINUTES--Eugene City Council . e . Mr. Gleason introduced Carol Cogswell, chairperson of the Eugene Citizen Involvement Committee (CIC). Ms. Cogswell said that at its December 2, 19~2, meeting the CIC had recommended approval of the model charter and guidelines for the Neighborhood Organization Recognition Policy. She reviewed several sections of the model charter. Referring to page 3, Article IV, Section 2b, Ms. Cogswell said that the CIC wanted to ensure that non-resident property owners and busi- nesses would be given a chance to participate in neighborhood discussions even though it was recognized that neighborhood associations would preserve the right to decide on the granting of voting privileges to these groups. Referring to page 8, Article VI, Section 8, Ms. Cogswell said that the CIC was recommending that advisory opinions presented by neighborhoods to pUblic bodies specify whose decision it was to take the position presented; in other words, was the decision that of the neighborhood associationls general membership or of the advisory board, and was there a strong minority opinion that should also be discussed in testimony? Ms. Cogswell then referred to page 12, Article VIII Section 4, C. She said the CIC had felt that all resident and non-resident property owners and businesses should be notified of at least one neighborhood meeting per year, preferably the associationls annual meeting. She noted that the CIC had recog- nized that for neighborhoods with large numbers of non-resident property owners this could be extremely costly and that the CIC had therefore left it up to the discretion of the individual neighborhood associations as to how to provide that notice, whether by mail or by other means, such as placing a legal advertisement in a newspaper of general circulation. Ms. Cogswell then discussed page 14, Article IX, Section 5. She said that the CIC had discussed the issue of neighborhood newsletters at length and had expressed concern that there be an editor or editorial board to take respon- sibility for the contents of each newsletter. She said that Section 6 included a suggestion that the members of the association's executive board be identified in each issue of the newsletter and that anonymous material not be permitted in newsletters. Ms. Cogswell then referred to page 18, Article XII, and noted that there was a ~pographical error in the title of this section: the word "character" should be replaced with the word "charter". She said the CIC hoped that neighbor- hood associations would review their charters in light of the guidelines and model charter and would continue to conduct such reviews on a regular basis. Ms. Cogswell noted that the CIC was recommending that the council approve the guidelines but was not recommending any changes to the Neighborhood Organization Recognition Policy. Councilor Lindberg referred to page 12, item b, regarding provision of notice of meetings to members who had signed the organization's membership list. He asked whether this requirement was for direct mail or personal contact notification. Ms. Cogswell responded that the CIC had generally felt that direct mail was preferable if it was financially feasible for the neighborhood but that, if not, notice in a newspaper of general circulation was sufficient. Responding to further questions from Councilor Lindberg, Ms. Cogswell and Councilor Wooten, the council member serving on the CIC, said that the material in the left-hand column of the model charter was explanatory and that the council would continue to review and approve the charters of individual neighborhood groups. They said that the starred items in the model charter were requirements for all charters, but that the neighborhood organizations could determine on an individual basis how they would meet these requirements. MINUTES--Eugene City Council January 26, 1983 Page 5 Public hearing was opened. ~ There being no public testimony, public hearing was closed. Res. No. 3745--A resolution adopting a model charter for neighbor- hood organizations. e - Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. Res. No. 3746--A resolution adopting guidelines for the City of Eugenels Neighborhood Organization Recognition Policy set forth in Resolution No. 2554. Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. III. ADOPTION OF A SITE DESIGNATION POLICY FOR LANDBANKING PROGRAM (memo, resolution distributed) Mr. Gleason introduced Greg Byrne, Department of Housing and Community Conservation. Mr. Byrne said that there were currently four properties in the inventory of the Cityls landbanking-for-housing program. He said that the majority of funds used in the program came from the Federal government. He said that while Federal ana State regulations on use of landbanking funds were reasonably strict, there was still some flexibility. He noted that the proposed site disposition policy would assure that a uniform policy was followed in all landbanking decisions and that there was a record of each decision. Mr. Byrne said that the Joint Housing Committee recommended council approval of the policy. Res. No. 3747--A resolution adopting a site disposition policy for the landbanking program for the City of Eugene. Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Councilor Holmer noted that Resolution 3747 referred to adoption of Exhibit "A", containing the site disp'osition policies, but that the accompanying material was not entitled Exhibit "AI. He suggested that the record reflect that the exhibit referred to in the resolution was actually submitted to the council under the title Landbanking Program--Site Disposition Policy. Mr. Sercombe said that this document would be labeled "Exhibit A". Roll call vote; motion carried unanimously. IV. CONSIDERATION OF RESOLUTION DECLARING A MUNICIPAL POLICY ON COMPLIANCE WITH FEDERAL ANTITRUST LAWS (memo, resolution distributed) MINUTES--Eugene City Council January 26, 1983 Page 6 e - e Mr. Gleason introduced Tim Sercombe, City Attorneyls Office. Mr. Sercombe said that the resolution before the council had the dual purposes of formalizing the initiation of an an antitrust compliance audit for the City and of setting City policy regarding compliance with Federal antitrust law. He said that recent U.S. Supreme Court decisions indicated that municipalities could be held liable in antitrust suits. He noted that such suits, if successful, could result in award of triple damages plus attorney fees and court costs. He said that the policy proposed by the City Attorneyls Office would intitiate a paper trail, which could be used in defending the City from such suits. He said that the resolution also recommended ordinance changes and changes in City Council procedures. Mr. Sercombe emphasized that this action should be interpreted as an indication that any antitrust liability for the City currently exists but that it would have the effect of removing any grounds for possible future legal actions. Responding to a question from Councilor Holmer, Mr. Sercombe gave examples of recent court cases involving municipal antitrust suits, includin~ one case in which damages of $500 million awarded in in a suit against the Clty of Cape Girardeau, Missouri, would probably bankrupt that city. Mr. Sercombe said that the resolution before the council would have the effect of making certain that the Cityls processes follow the competition policies enshrined by the Sherman Act. He noted that in the past the City had acted by ordinance and required permit to set rates for garbage haulers operating in the City. He said that the City Attorneyls Office had recommended in September 1982 that the City cease enforcement of this practice to avoid any risk potential. He said the City Attorney's Office would be recommending to the council repeal of this ordinance. Councilor Holmer asked if Section 1 of the proposed resolution would serve as a legal defense for the City in an antitrust suit. Mr. Sercombe responded that while this language was not a total legal defense, it was strongly recommended for adoption by corporations and had been given some effect in court cases as removing the element of intent in antitrust violations. Responding to a follow-up question from Councilor Lindberg, Mr. Sercombe said that the proposed resolution would put the City in the most defensible position in terms of current antitrust case law. Mr. Gleason added that the resolution would refine the process and content of the Cityls contract awards. Councilor Hansen and Mayor Keller asked if the City has adequate insurance coverage for antitrust actions. Mr. Sercombe and Mr. Gleason said that this matter would be studied in the antitrust audit. Councilor Lindberg asked if the new Job Partnership Act removed any possible liability to the City for third-party contracts involved in the CETA/Job Training program. Mr. Sercombe cited Article XI, Section 9, of the Oregon constitution and responded that this was a question of State constitutional law. Mr. Gleason said that the principle behind the act is that the Federal government is deregulating this area. He noted that the changes would not take effect until November 1983. He said that the State had not developed a program yet but that it would be possible for the State it indemnify the Private Industry Councils. MINUTES--Eugene City Council January 26, 1983 Page 7 . e e Res. No. 3748--A resolution declaring municipal policy on compliance with federal antitrust laws. Ms. Schue moved, seconded by Ms. Smith, to adopt the resolution. Roll call vote; motion carried unanimously. The meeting was adjourned to February 9, 1983. Respectfully submitted, ~/~ ' (~~--- Micheal D. Gleason City Manager (Recorded by Darcy Marentette) MDG:DCM:dcm/CM7b15 MINUTES--Eugene City Council January 26, 1983 Page 8