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HomeMy WebLinkAboutCC Minutes - 12/11/06 Meeting M I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall December 11, 2006 7:30 p.m. COUNCILORS PRESENT: Jennifer Solomon, Andrea Ortiz, David Kelly, Betty Taylor, Gary Papé, Bonny Bettman, Chris Pryor, George Poling Her Honor Mayor Kitty Piercy called the regular meeting of the Eugene City Council to order. She conveyed holiday greetings on behalf of the council to everyone present. 1. CEREMONIAL MATTERS - Presentation by Oregon Culture Delegation Mayor Piercy said representatives Henry Luvert and Peter Leung of the National Association for the Advancement of Colored People (NAACP) led a delegation to China. She averred that China was important to the City of Eugene at present because of the upcoming Olympic track and field trials. She stated that Mr. Luvert brought greetings from Oregon to the cities they visited and brought back a gift from “our friends in China” to the City. Mr. Luvert and Mr. Leung presented a slide presentation of their visit to China. Mr. Luvert also presented a gift from Shangqui, a statue of a chicken that represented long life in the Chinese culture. 2. PUBLIC FORUM Mayor Piercy reviewed the rules of the public forum. Henry Luvert , no address given, presented an official letter inviting the Mayor and City Council to come to China. He related that the delegation found a desire among people in the Hunan Province to have a relationship with Oregon, specifically with Eugene and Corvallis. He said the Chinese people he met wanted to better understand the culture of the area, noting that Eugene was a place with which they were familiar. He added that, coincidentally the daughter of the vice president of a university they visited in China was currently a student at the University of Oregon. He stated that the government there was only 50 years old and it was evolving. The people wanted to do educational exchanges, exchanges with government, and with departments of the City. He was struck by the hunger the Chinese people demonstrated for anything the delegation and the area could share. He said the delegation found the Chinese culture fascinating. He related that people there treated the delegation graciously and with great honor and respect and, in some places, the members of the delegation were the first non-Chinese people many of the locals had ever seen. Dr. Marlan Carlson , Chair of the Music Department of Oregon State University, thanked the council for taking the time to hear from the members of the delegation to China. He said that the Oregon Cultural MINUTES—Eugene City Council December 11, 2006 Page 1 Regular Meeting Delegation’s relationship with China dated to the year 2000. He stated that in that time there had been at least a dozen exchanges on a cultural and educational level. He underscored that the relationship developed without any governmental assistance, having been entirely funded by donors with an interest in promoting the area’s relationship with China in general and the Hunan Province in particular. He said it was the hope on of the cultural education exchange program that these visits would form the basis for a much more intensive business and governmental relationship. He averred that business was good for culture and culture was good for business. He felt there were many opportunities for the business component of this relation- ship. He distributed handouts that summarized where they had been, where the process was now, and where they hoped it would go. He also passed out copies of a Memorandum of Understanding between represen- tatives of Hunan Province and the Oregon Cultural Delegation. He pointed to item (6), which stated that they would collaborate in organizing a visit to Oregon of approximately 15 top governmental heads from the province in order to discuss specific job creation opportunities in both Hunan and Oregon. He stated that the representatives of Hunan understood that “jobs, jobs, jobs” were the top three priorities of this country. He believed that something would come from this relationship to create economic opportunities for businesses in the Willamette Valley and for the work force in general. Peter Leung , no address given, chose to speak on diversity from his position as an NAACP official. He related that he came to the United States in 1972 and he felt that much had changed since then. The country moved from being “Eurocentric to world-centric.” He likened China to a rising giant and underscored the importance of working to understand this large nation and to cultivate a working relationship with it. He said there was an opportunity to join in three events this year, but the City Council needed to take the initiative. He related that he spoke with the Mayor about this and she indicated that Eugene had “a lot of sister cities” in mostly Asian countries. He did not think that should mean that all of the resources were allocated. He encouraged the council to show its leadership and that the City of Eugene cared about its evolving relationship with China. Mayor Piercy thanked Mr. Luvert, Mr. Leung, and Dr. Carlson for coming and for the presentation of the gift from Shangqui, Hunan. John Brown , 101 East Broadway, thanked councilors Solomon and Poling for their willingness to serve another four-year term. He also thanked Councilor Kelly for his service. He said Councilor Kelly always did his homework and was diligent and respectful. He noted that he disagreed with Councilor Kelly on some things, but nonetheless he would be “sorely missed.” He also thanked Councilor Papé for doing a “great job.” He said Councilor Papé made the example of getting out “and actually doing it” in his efforts to clean up trash along the Willamette River and participate in other civic endeavors. He felt the two incoming councilors were “admirable replacements” for the two councilors who were departing. Zachary Vishanoff , Patterson Street, wondered why the old federal building was not slated for any sort of adaptive reuse. He thought it could be a police station or a city hall. He wanted a detailed explanation of why it could not be reused for either one of those purposes. He thought if it could not be used it should be “wiped out” and a park should be constructed. Mr. Vishanoff said he had heard that the Eugene Water & Electric Board (EWEB) would engage in master planning with the City regarding its riverfront property and that this was required by law. He wondered if the Governor or “somebody in Salem” had done anything to make the council conduct this master planning process. He said it was “interesting if the Governor was prompting it.” MINUTES—Eugene City Council December 11, 2006 Page 2 Regular Meeting Additionally, Mr. Vishanoff asked that planning for the Walnut Node be slowed down as it was dependent on the construction of a basketball arena. He suggested that putting it on the back burner would be a good idea because otherwise it would be a “doughnut node” and therefore would lack credibility. th Rene Kane , 254 West 14 Avenue, co-chair of the Jefferson-Westside Neighbors (JWN), related that the neighborhood group voted unanimously to support efforts by Chambers Area residents to ensure that future infill did not continue to erode and destabilize the character and stability of their part of the neighborhood. She briefly recapped the process by which the Chambers Area Families for Healthy Neighborhoods (CAFHN) collaborated with the City to generate the groundwork leading to the council-approved Chambers Special Area Zone. She stressed that the zone’s flexible and innovative standards were and are quietly supported. She stated that other than a recent Ballot Measure 37 claim, no complaints had been brought to the JWN Board. Ms. Kane felt the standards were proving effective against destructive infill while allowing great latitude in development and a manageable increase in density. She thought the property subject to the Measure 37 claim was an exceptional case that would require site-specific standards. Ms. Kane noted that the council already directed the Planning Commission to look at the broader concept of an alternative path for the development approval process as a way to address exceptional cases. She averred that this concept could eventually be implemented for a broad range of residential and/or commercial development and would also likely be an element of the opportunity siting program that was underway. She suggested that an alternate path would naturally apply to the Chambers Special Area Zone and others, and that new residential zones might arise from the infill compatibility standards program. She said the JWN encouraged continued consideration of an alternate path. The neighborhood group felt there was no need to initiate another public process to change the standards and to have the Planning Commission reexamine them. She predicted that “throwing the Chambers Special Area standards open again” would diminish community faith in the planning process. She conveyed the JWN Executive Board’s unanimous opposition to revision of the Chambers Special Area Zone at this time. Matt Purvis , 1391 West Broadway, member of the CAFHN steering committee, thanked councilors for the consideration shown for the work of the group during 2004 and 2005, which culminated in the approval of the Chambers Special Area Zone. He stressed that the process by which the zone standards had been formulated was extensive and public, including five forums and six meetings between staff, residents, and other interested parties. He recalled that the Planning Commission conducted one work session and held two public hearings prior to its 4:1 vote to recommend the standards as submitted. The City Council voted 5:1 to adopt the standards unchanged. He related that the process was supported by diverse groups such as the Home Builders Association and the Friends of Eugene. He did not believe this was the time to send the standards back to the Planning Commission for further consideration. th Carol DeFazio , 1437 West 10 Avenue, member of CAFHN, recounted the process CAFHN underwent. She reiterated that hundreds of hours had been spent in public meetings and discussion on infill standards and that she was proud of the results. She believed that now one councilor recently “seized on a mere pretense to try to undo the results.” She believed there was no problem with the standards that had been already approved and there was no call from the public to change them. She said the only motivation to send the standards back to the Planning Commission would be to try to provide opponents with the opportunity to undo what “they don’t like.” She felt a reversal would be a breach of faith. She asked the council to oppose Councilor Kelly’s motion because she believed it would “wound the public faith.” Rob Handy , 455-½ River Road, thanked the council for scheduling a work session on annexation policy. He suggested that residents of the River Road/Santa Clara area were “deeply troubled by what some staff MINUTES—Eugene City Council December 11, 2006 Page 3 Regular Meeting are doing” in bringing street annexations to the Lane County Local Government Boundary Commission. He felt whether the street annexations were reasonable and logical or not, they were “exacerbating” tensions in the River Road/Santa Clara area. He asserted that many people “would rather fight and die” than have property annexed to the City. He opined that it was not a healthy environment in which to govern. He expressed appreciation for Councilor Papé’s involvement in the area. He felt Councilor Papé had been “disrespected” by many people because of his efforts. He hoped Councilor-elect Mike Clark would carry on the interest in trying to “get something done.” He also expressed appreciation for Councilor Ortiz’s “deep involvement” in the issues of the area. He commented that the two Eugene councilors had an extra job in representing County constituents. Mr. Handy alleged that Commissioner Bobby Green abandoned his constituents in River Road. He hoped the City could look at an annexation strategy rather than an annexation plan. He wanted to halt street annexations for the present and to work on a “package” that could be accepted and voted upon by all residents. He said in looking at the land use code, he felt stormwater conveyance, the trees, density, and the skinny streets of River Road should be taken into consideration. He asked that those issues be prioritized for a special River Road planning district. Additionally, Mr. Handy thanked Councilor Kelly for his leadership and vision in the River Road/Santa Clara issues. Jozef Siekiel-Zdzienicki , 1025 Taylor Street, stated that 16 months of meetings had been instigated by Planning Division staff with a grant from the Oregon Department of Transportation (ODOT) for $78,000 for consultant work. He said there were countless neighborhood meetings and meetings with consultants, the result of which was the Chambers Special Area Zone. He said a neighborhood standard for infill and density had been set and the Planning staff initiated work on similar standards for the entire city. He asked the council not to undo a ruling that only existed for a year. Mayor Piercy closed the Public Forum and invited comments and questions from councilors. Councilor Ortiz thanked everyone for coming. She asked the City Manager to ask neighborhood leaders to join the work session on the River Road area on January 22, 2007. Councilor Papé thanked everyone for attending the last official meeting in which he and Councilor Kelly would participate. He commented that it would be tough to leave, but it would be good to get “new blood” in the organization. He thanked Mr. Handy and Mr. Brown for their comments. In closing, he encouraged Councilor-elect Clark to pay attention to the River Road residents as some felt marginalized for years. He hoped that residents felt less marginalized after the work that had transpired in the eight years since he was elected. Councilor Kelly thanked those who spoke and especially Mr. Brown and Mr. Handy for the kind words. He noted that there had been a comment about the old federal building “just sitting there.” He related that the City continued to be told by the federal government and the General Services Administration (GSA) that, with the exception of the courtrooms, they still intended to fully use all of the space. He hoped that the City would look at utilizing the building should it ever become available. Regarding master planning for the EWEB riverfront property, Councilor Kelly explained that the subject emerged from the Downtown Plan. He said that before all or part of the EWEB site downtown gets reused, there should be a master plan completed for the whole site, though the Downtown Plan was silent over who should complete such a plan. He believed that this would be part of the discussion going forward as to who could best do that. MINUTES—Eugene City Council December 11, 2006 Page 4 Regular Meeting Councilor Kelly thought that while it was important to hear from the River Road Community Organization and the Santa Clara Community Organization at the work session, it was tricky, as having one set of people at the table raised concerns about who had not been invited to be at the table. He hoped that the chairs of the two community organizations would be at the work session in January. 3. CONSENT CALENDAR A. Approval of City Council Minutes - October 23, 2006, City Council Meeting - October 25, 2006, Work Session - November 14, 2006, Boards, Commissions, and Committee Interviews B. Approval of Tentative Working Agenda C. Appointment to Police Commission D. Ratification of Intergovernmental Relations Committee Actions of October 17, 2006, and October 26, 2006 E. Adoption of Resolution 4896 Granting a Measure 37 Claim and Waiving or Modifying Some Provisions of Chapter 9 or the Eugene Code, 1971, for Property Located at 1333 th West 19 Avenue, Eugene, Oregon (Assessor’s Map 17-04-36-13 TL 12100 – Judith M. Bush) Councilor Solomon, seconded by Councilor Ortiz, moved to approve the items on the Con- sent Calendar. Councilor Kelly said he submitted a correction to the minutes electronically and he asked to pull Item E. Councilor Bettman said she previously submitted corrections to the minutes. Mayor Piercy deemed the corrections, without objection, approved. Roll call vote, the motion to approve the Consent Calendar with the exception of Item E passed, 8:0. Regarding Item E, Councilor Kelly indicated he was amenable to voting for the motion on the table but he wished to place another motion on the table after the current motion had been voted upon. Roll call vote; Item E, adoption of Resolution 4896 granting a Measure 37 claim, passed unanimously, 8:0. Councilor Kelly disputed the assertion that he would “go on a mere pretense” to undo everything that had been formulated in the Chambers Area Special Zone. Councilor Kelly, seconded by Councilor Ortiz, moved to direct the Planning Commission to review the standards in the S-C/R-2 sub-area of the Chambers Special Area Zone and to re- turn to the City Council with recommendations for possible changes or a conclusion that no changes were appropriate. The review will consider that it was necessary to waive the stan- dards using Measure 37 in order to add a single infill dwelling that the neighborhood asso- ciation felt would improve the neighborhood, and will consider potential changes that would allow infill that meets the Chambers Special Area Zone size and mass standards. MINUTES—Eugene City Council December 11, 2006 Page 5 Regular Meeting Councilor Kelly wished to clarify that he believed the City had an innovative standard, but that after a year he felt it was a good time to have the Planning Commission take a look at the standards in light of the overall infill standards and the fact that although the standards were “fresh,” there was already a Measure 37 claim. He averred that the standards should be reviewed in order to determine if there was a way, with minor changes, to fine-tune the standards so that they would meet with the neighborhood’s approval. He thought it would dovetail well with the work that was slated to happen on infill standards and that it might allow some beneficial infill. He opined that it did a disservice to the growth management policies and the infill standards the City was working to develop to not review the standards in the Chambers Area Special Zone. Councilor Taylor commended the neighbors for their work. She thought the resolution of the claim had transpired easily and quickly. She saw no need to reopen the standards to review. Councilor Bettman recalled that there had been some expectation that the new infill standards could cause a Ballot Measure 37 claim when they were enacted. She commented that the neighborhood remained active and involved and worked to resolve the claim to the benefit of the claimant, the City, and the neighborhood. She said it did not make sense to add considerable work to the Planning Commission’s workload. She did not support sending the standards back. Councilor Papé noted his respect for Councilor Kelly’s planning ability and his desire to plan the community so that it provided a “great physical environment.” He recalled that the Chambers Area Special Zone had a sunset date in July 2008. Additionally, he felt the Planning Commission was tasked way beyond its capacity for getting the work plan completed. He said the process should go forward as established. Roll call vote; the motion failed, 7:1; Councilor Kelly voting in favor. 4. PUBLIC HEARING and POSSIBLE ACTION: An Ordinance Concerning the Police Auditor and Civilian Review Board; Amending Section 2.013 of the Eugene Code, 1971; Adding Sections 2.240, 2.242, 2.244, 2.246, 2.454, and 2.456 to that Code; and Providing an Effective Date for Implementation City Manager Dennis Taylor introduced the newly hired Police Auditor Cristina Beamud and asked her to introduce the ordinance set for public hearing. Ms. Beamud stated that the public hearing sought testimony on the proposed ordinance that would govern the work she did in the Police Auditor’s Office. She said the proposal had appeared on the City’s Web site over the previous ten days, in compliance with requirements set forth in the City Charter, and the original work had been framed through work with many stakeholders and primarily the Police Commission. Mayor Piercy opened the public hearing Zachary Vishanoff , a resident living on Patterson Street, wanted more specific information in regard to the investigations. He felt that some people would receive different treatment from other people. He hoped for a clear date for when action could be analyzed. He was curious as to how many patrol cars had video capacity. th Michael Carrigan , 1439 West 4 Avenue, spoke on behalf of the Community Alliance of Lane County (CALC). He said CALC had worked to pass the ordinance and he urged the council to pass it prior to the MINUTES—Eugene City Council December 11, 2006 Page 6 Regular Meeting end of the year so that Ms. Beaumud could begin her work. He urged the council to preserve the integrity of the Police Auditor by guaranteeing that the office functioned independently from the City Manager and the Chief of Police. He thanked the Mayor, City Council, Police Commission, and all others who had worked hard to create the Police Review Board and the position of Police Auditor and to pass the ballot measure. Charles M. Zennaché , 4845 Fox Hollow Road, averred that the ordinance was part of the community healing process and he urged the council to adopt it. He felt it was very important to recognize that the Police Auditor’s role was limited to reviewing adjudications and making sure the cases were adjudicated, handled, and investigated appropriately and that she should not be involved in discipline. He stressed that discipline should remain the purview of the Police Chief. He commented that community policing should be the end result, a situation in which the community knew the officers as individuals and the officers knew the community members. Regarding some of the issues in the ordinance, he believed that it should be clear that the Auditor’s Office was independent of the City Manager. He believed the ordinance, as proposed, did so and that the City Manager should give that authority exclusively. He urged the City Manager and the council to work in cooperation with the Police Auditor and to make it clear that the Police Auditor controlled her staff. He supported inclusion of language that made it clear that the Police Auditor answered to the City Council and not the Citizens Review Board. He recommended the council adopt the definition of what constitutes a criminal investigation suggested by Councilor Kelly. He also thought the Police Auditor should be free to ask for external assistance when necessary. Charles Biggs , 540 Antelope Way, looked forward to the day when the Police Auditor’s Office was open and the community had the opportunity to meet Ms. Beamud. He felt having the Police Auditor would help the community feel safer and better about itself. He hoped the new auditor would meet some of the “former victims.” He also hoped it would dispel the notion that the police overlooked things that should have been reported. He felt the Citizen Review Board should not be biased toward the Police Department or in opposition to it. He wished Ms. Beamud luck. Ruth Deumler , 1745 Fircrest Drive, urged the City Council to vote to support the Citizens Review Board. She felt that the Eugene Police Department (EPD), Chief of Police, City Council, Police Auditor, Civilian Review Board, and the public formed a great working team. She thought the relationship between the community and the police force would be better for it. She opined that the citizens of Eugene were surprised that this idea had not been voted upon before by the City Council. Rob Handy , 455 ½ River Road, urged the council to preserve the integrity of the Police Auditor’s function by keeping it independent from the City Manager and the police chief. He wished the council a happy holiday. Lisa Warnes , 5020 Nectar Way, commented that her concerns had been largely addressed. She echoed support for seeing the council vote on the item at the present meeting, especially given that two councilors were leaving. She suggested a vote would lend continuity to the issue. She also supported keeping the Police Auditor’s job independent of the City Manager and the Chief. th Will Shortt , 182 West 19 Avenue, asked to see the motion pass at the present meeting. He said it was not about “us and them,” rather it was about the community and about the people “on the front lines” of the community. He wanted all of the community to have confidence in the Police Department. He believed that the checks and balances the Auditor’s Office would provide would be critical to that confidence and to the ability of the police to work hand in hand with the community. MINUTES—Eugene City Council December 11, 2006 Page 7 Regular Meeting Majeska Seese-Green , PO Box 11692, Eugene, conveyed support for the ordinance on behalf of the Whiteaker Community Council. She added that the Whiteaker Community Council also supported the amendments that Councilor Kelly intended to put on the table. She believed it would strengthen the ordinance. She felt the ordinance was the product of a lot of work and had been generated through a transparent process. She thought many other parts of the City could benefit by this kind of community process. She noted that in addition to the involvement of the Whiteaker neighbors, Police Commission, and EPD, other members of the public including the Eugene Police Employees Association (EPEA) had participated in crafting the ordinance. She urged the council to take action at the present meeting. Susanna Fontana , 488 Blair Boulevard, echoed the comments of Ms. Seese-Green. She thanked the council for doing this work. Janet Marshall-O’Bryant , 85 North Madison, said she also wished to voice support for the ordinance. She expressed appreciation to the City Council for its efforts to bring the Police Auditor on board. She supported moving on the action at the present meeting. Additionally, Ms. Marshall-O’Bryant thanked councilors Kelly and Papé for their responsiveness and interest in establishing a quiet zone for trains through the Whiteaker neighborhood. David Hinkley , 1350 Lawrence, #1, averred that the Police Auditor had to be independent and it had to be perceived as independent. He felt that the credibility of the office would be called into question if it was not perceived as being independent. He said the office needed to be transparent, as well, and the public should know all of the results of any investigations. He believed that the public needed to know of any sanctions that resulted from an investigation because there was a need to know whether the penalty fit the “piece.” He asserted that Oregon Public Records Law allowed the council to determine whether this record should remain confidential or not. Mayor Piercy closed the public hearing and called for council comments. Seeing that no councilor wished to speak at that time, she asked if the council wished to take action on this item. Councilor Papé was not ready to take action at the present meeting. He wanted time to digest the informa- tion and to review Councilor Kelly’s intended amendments. Mayor Piercy indicated the item would be brought forward for action at the December 13 work session. Councilor Kelly stated that his amendments were intended to fine-tune the ordinance. He encouraged his colleagues to ask questions if they had them. Councilor Ortiz said she was willing to refrain from acting on this ordinance until the work session but she intended to support it. Councilor Bettman remarked that she wished to vote on the ordinance at the present meeting, but was glad that the council would vote at the work session. She provided her interpretation of Councilor Kelly’s amendments for the edification of those present. She said one amendment intended to provide a legal definition of when the conclusion of a criminal investigation was, and another one included wording to clarify that the Civilian Review Board was answerable to the City Council. She noted, regarding the latter, that it was implicit in the ordinance but not explicit. MINUTES—Eugene City Council December 11, 2006 Page 8 Regular Meeting Councilor Papé, seconded by Councilor Solomon, requested that the record remain open un- til 5 p.m. December 12. City Attorney Glenn Klein explained that a motion was not necessary because this was not a land use proceeding and there was no official record. He clarified that the motion would have to be withdrawn or voted upon, but a vote on the motion would not affect the ability of members of the public to continue to contact the councilors to provide input on the issue. Councilor Papé asked for comments from the City Attorney with regard to pulling the language and other applicable City policies and collective bargaining agreements. He wanted to know specifically how the effect of the amendment to 2.456(3)(a) which would delete the language “the investigation or criminal proceedings have concluded.” Councilor Papé withdrew the motion. Councilor Taylor indicated her support for the amendments to the ordinance and the ordinance. She said she preferred on principle not to take action on the same night as a public hearing. Mr. Klein asked that the requested memorandum be allowed to be disseminated to the public. Mayor Piercy ascertained from the council that there were no objections to making the City Attorney’s opinion on the amendments public. Councilor Poling agreed with Councilor Kelly in spirit. He said he could support all of the amendments except the two that deal with the verbiage pertaining to collective bargaining agreements. He related that in his 15 years as a police union member and 15 years on the management side of the bargaining table, he had come to realize and understand the importance of the collective bargaining agreements. He pointed out that police officers were not allowed to go on strike for wages or benefits, unlike other unions with the exception of fire employees. He said the police contract went into binding arbitration instead. He believed that there were issues and questions that needed to be answered regarding the ramifications of what would happen to the City if the amendments were passed as they were currently worded. He stated that as the amendments stood, he could not support them. Councilor Kelly said his amendment would strike the terms “applicable City policies” and “collective bargaining agreements.” He said the reason for striking the former was because it was too broad and the reason for striking the latter was because he understood that regardless of whether the language was in the ordinance, the collective bargaining agreement that was currently in force was legally binding for both the City and the Police Auditor. He stated that the reason he wished to strike the language regarding the collective bargaining agreement had to do with thinking ahead to a future negotiation of a future collective bargaining agreement. He believed that leaving the words in would allow the City Manager, police management, and the EPEA to reach an agreement that would be binding on the Police Auditor and the council, though neither entity would be a party to the negotiations. Councilor Kelly related that he had spoken with the City Attorney and the City Attorney proposed that there could be some language that indicated the current bargaining agreement clearly applied but in a future collective bargaining agreement the confidentiality provisions would not be broadened without involving the Police Auditor or the council in some way. He anticipated that if the amendment passed at the work session, the City Attorney would work to clean up the language, given that there was not enough time at present. MINUTES—Eugene City Council December 11, 2006 Page 9 Regular Meeting Councilor Bettman averred that the phrase “City policies” was broad, undefined, and “could mean anything and could easily go beyond the law.” Regarding language that pertained to collective bargaining, she felt the amendment was strictly in relation to confidentiality of records. She stated that there were federal, state, and local laws that governed this confidentiality and the City was required to function within them. She said in situations having to do with a union negotiating a contract “that goes above and beyond that law,” the ordinance should not be governed by the collective bargaining contract. She asserted that the ordinance as written would give the Police Chief, City Manager, and EPEA “the ability to dictate policy for the City of Eugene” as it pertained to the Police Auditor. Councilor Papé said it seemed that the collective bargaining agreement could not violate the ordinance or the law, but the law could not be changed to violate the agreement. He asked if it depended on what happened first. Mr. Klein responded that his colleague Attorney Sharon Rudnick seemed to think the language could be crafted to accomplish the objective Councilor Kelly sought. He added that in addition to being bound by federal, state, and local law, the City was also bound by the existing collective bargaining agreement and could not take carte blanche with what a future collective bargaining agreement could say. He stressed that the issue of confidentiality was a mandatory subject of bargaining. He said the council could direct the City Manager to not agree to broaden the confidentiality provisions but the council could not refuse to bargain on that subject and in the end, should there not be agreement the arbitrator would dictate what the collective bargaining agreement would provide. Mayor Piercy called for a five minute break at 9:05 p.m. 5. PUBLIC HEARING and POSSIBLE ACTION: Resolution 4897 Adopting a Supplemental Budget; Making Appropriations for the City of Eugene for the Fiscal Year Beginning July 1, 2006, and Ending June 30, 2007 City Manager Taylor stated that this was the annual reconciliation of the budget. He asked Budget Manager Kitty Murdoch to briefly describe the issues subject to the public hearing. Ms. Murdoch explained that the first supplemental budget of the year contained $19.1 million in adjust- ments, primarily reconciliations of estimates put into the budget when it had been adopted. She cited, as an example, the beginning capital estimate which would be “trued up.” She said the budget also recognized new revenue and budget grants that had been awarded but not received in previous years were rebudgeted and new grants were recognized. She highlighted the supplemental budget, as outlined in the Agenda Item Summary (AIS). Mayor Piercy opened the public hearing. Kathy Saranpa , 3015 Friendly Street, chair of the Crest Drive Citizens Association (CDCA), presented a motion passed at the most recent meeting of the CDCA that endorsed the request made by the Crest Drive Community Team to have City staff request an additional $58,000 to enlarge the scope of the engineering survey to include Middle Crest. As a private citizen and member of the Crest Drive Community Team, she thought it was significant that the inclusion of Middle Crest originated in the traffic study that the neighbors had put together. She felt it indicated that the citizens and city staff had worked well together. She anticipated bringing a context-sensitive solution to the council later in the year. She supported adoption of the Supplemental Budget. MINUTES—Eugene City Council December 11, 2006 Page 10 Regular Meeting John Barofsky , 2010 Hubbard Lane, thanked Councilor Kelly and Councilor Papé for their hard work. He asked that the citizen members of the Budget Committee receive a copy of the Supplemental Budget prior to its presentation. He said it would enable a greater understanding of the whole budgetary process. He had not known the supplemental budget was scheduled for approval until earlier in the day. He asserted that a change in the budget of ten percent or greater required notification of the citizen members of the committee as well as a meeting of the full Budget Committee. He wanted the citizen members of the committee to be involved in the budget more fully in order to better prepare them for the task of working on the budget. Mayor Piercy closed the public hearing. Councilor Bettman wished to ensure that citizen members of the Budget Committee would receive information on supplemental budgets. Ms. Murdoch responded that it was as simple as requesting it. She said she would send out the same packet of information that the council members received to the citizen members. Additionally, she clarified that any time there was a 10 percent change in the budget, a supplemental budget was brought into play, but the citizen members were not required to be part of the approval process. She said if 10 citizens wish to have a “full Budget Committee look” at the supplemental budget, there could be a petition to do so. She noted that this had not happened during her tenure with the Finance Division. In response to a question from Councilor Bettman, Ms. Murdoch affirmed that the $900,000 capital transfer listed on page 119 of the Agenda Item Summary was not in addition to the capital transfer, but rather was the amount of the complete capital transfer. Councilor Bettman asked if the placeholder of $1 million for Phase 3 of the City Hall Master Plan would come to the council for approval of the plan for initiation of Phase 3 before the expenditure of the money was triggered. Ms. Murdoch replied that the supplemental budget would appropriate the funds so the funds could be spent. Facilities Division Manager Glen Svendsen added that the plan was similar to the other phases, as staff intended to come before the council to get direction on the scope and the dollar amount before they proceeded with the project. Councilor Bettman said, given that there was still council discretion regarding the spending for Phase 3 of the City Hall, she would support the supplemental budget. She noted that most of it was just business that needed to be “taken care of.” She pointed out that she had opposed approving the Connect Oregon funds, though the council had voted to support the funds. She asserted that it would bond on future lottery revenue and she likened this to putting children in the position of having to pay off lottery bonds. She alleged that the City was building “basically a warehouse” at the airport with the funds. She called it a “travesty.” Councilor Papé asked if the money for the Crest Drive context-sensitive planning process was coming from the General Fund. He wondered if it would qualify for a Community Development Block Grant (CDBG). City Manager Taylor replied that the funding would come from the council contingency fund. He did not think such a project would qualify for CDBG funds. Councilor Papé asked for clarification on the budget change for the Echo Hollow Pool. He noted that it had been referred to as an oversight. Ms. Murdoch responded that it was because of an accounting mechanism that was budgeted in two funds. She explained that the Facilities Fund had done the work and then billed the General Fund for Library, Recreation, and Cultural Services (LRCS). She said it had been put into the Facilities Fund but it had not been appropriately placed into the LRCS budget to pay the bill. MINUTES—Eugene City Council December 11, 2006 Page 11 Regular Meeting In response to a question from Councilor Papé, Ms. Murdoch affirmed that the $1 million for the jet bridges would come out of Airport revenues. City Engineer for the Public Works Department, Mark Schoening, added that the jet bridges were replacements. Councilor Taylor congratulated Mr. Barofsky for being “so involved and so well-informed.” She also commended the Crest Drive citizens who had cooperated with staff and each other in planning. She hoped it would turn out well. She asked Mr. Schoening to explain why Middle Crest had been added to the study. Mr. Schoening responded that the section was added because it was integral to the overall transportation system in that neighborhood and carried a significant amount of traffic and because it was a parallel route to Story Boulevard. He said of the initial allocation requested from the General Fund, $80,000 would be for the process and the public outreach and $160,000 would be for surveying and design. He stated that the latter could be rolled forward into a Local Improvement District (LID) at the conclusion of a successful process, allowing the City to recover the cost. He explained that the $58,000 for Middle Crest could also potentially be rolled into a future LID. Councilor Kelly noted that on page 127 a footnote said $1,611,000 would be rebudgeted for “externally funded transportation project.” He asked who was paying who and for what. Mr. Schoening replied that the agreement was with the Oregon Department of Transportation (ODOT) and it had been fully executed; ODOT had paid the City $1.6 million. Councilor Kelly thanked Mr. Barofsky for bringing the citizen budget committee members’ interest in the supplemental budget to the attention of the council and staff. He also thanked Ms. Murdoch for being willing to disseminate the supplemental budget information to the citizen members. He encouraged staff to circulate the information to the citizen members a week before it came to the council as councilors were “used to reacting” to something read on Saturday on the following Monday; committee members might need more time to digest the information. In response to a question from Councilor Papé, Mr. Schoening reiterated that the General Fund would be reimbursed for any funds that could be included in the LID for Crest Drive. Councilor Papé encouraged staff to keep the council abreast of the situation on Crest Drive. He asked if CDBG funds could be used for the planning process. Mr. Schoening replied that Crest Drive was not in a portion of the City that met criteria for CDBG eligibility. In response to a question from Councilor Kelly, Mr. Svendsen affirmed that the remaining money for Phase 3 of the City Hall planning would be returned to the Facilities reserve fund. Councilor Kelly encouraged his colleagues to look carefully at the costs of Phase 3. Mayor Piercy ascertained that there was no objection to taking action at the present meeting. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 4897 adopt- ing a Supplemental Budget; making appropriations for the City of Eugene for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007. Roll call vote; the motion passed unanimously, 8:0. Mayor Piercy adjourned the meeting of the Eugene City Council and convened the meeting of the Eugene Urban Renewal Agency at 9:39 p.m. MINUTES—Eugene City Council December 11, 2006 Page 12 Regular Meeting 6. PUBLIC HEARING and ACTION: Resolution 1040 Adopting a Supplemental Budget; Making Appropriations for the Urban Renewal Agency of the City of Eugene for the Fiscal Year Beginning July 1, 2006, and Ending June 30, 2007 City Manager Taylor asked Ms. Murdoch to speak to the item. Ms. Murdoch said this was a $4.8 million supplemental budget and as with the City of Eugene, the first supplemental budget engaged in a number of reconciling transactions for the beginning working capital and capital carry forward estimates. She said the key items to be reappropriated in the budget included payments to the City of Eugene for the Cultural Policy Review and the East Broadway garage. Mayor Piercy opened the public hearing. Zachary Vishanoff , somewhere on Patterson Street, reiterated his unhappiness regarding the demolition of the former cannery. He thought it would be “delusional” to name the area surrounding the new federal courthouse “Cannery Square” given that the cannery was gone. He felt the public planning process was flawed and would alienate the public. He wanted public discourse to occur regarding the riverfront area adjacent to the courthouse. He preferred that area to be returned to its natural state. Mayor Piercy ascertained that there were no objections to taking action at the present meeting. Councilor Solomon, seconded by Councilor Ortiz, moved to adopt Resolution 1040 adopt- ing a Supplemental Budget; making appropriations for the Urban Renewal Agency of the City of Eugene for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 9:44 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council December 11, 2006 Page 13 Regular Meeting