HomeMy WebLinkAboutAMENDED Agenda Packet 10-14-19 MeetingOctober 14, 2019, Meeting
AMENDED AGENDA
EUGENE CITY COUNCIL
October 14, 2019
7:30 p.m. CITY COUNCIL MEETING Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
Meeting of October 14, 2019;
Her Honor Mayor Lucy Vinis Presiding
Councilors Betty Taylor, President Emily Semple, Vice President Greg Evans Chris Pryor Mike Clark Claire Syrett Jennifer Yeh Alan Zelenka
Note: This amended agenda reflects the addition of Item 2C.
7:30 p.m. CITY COUNCIL MEETING
1. PUBLIC FORUM
2. CONSENT CALENDAR
A. Approval of City Council Minutes
B. Approval of Tentative Working Agenda
C. Approval of Amendment to City Manager’s Employment Agreement
3. ACTION: An Ordinance Concerning Protections for Individuals and Amending
Section 2.497 of the Eugene Code, 1971.
4. ACTION: Resolution on Youth-Led Climate Strike
October 14, 2019, Meeting
The Eugene City Council welcomes your interest in these agenda items. This meeting location is wheelchair-accessible. For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana.
For more information, contact the Council Coordinator at 541-682-5010, or visit us online at www.eugene-or.gov.
October 14, 2019, Meeting – Item 1
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Forum Meeting Date: October 14, 2019 Agenda Item Number: 1 Department: Central Services Staff Contact: Beth Forrest
www.eugene-or.gov Contact Telephone Number: 541-682-5882
ISSUE STATEMENT This segment allows citizens the opportunity to express opinions and provide information to the council. Testimony presented during the Public Forum should be on city-related issues and should not address items which have already been heard by a Hearings Official or are on the present agenda as a public hearing item.
SUGGESTED MOTION No action is required; this is an informational item only.
FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882Staff E-Mail: bforrest@eugene-or.gov
October 14, 2019, Meeting – Item 2A
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Approval of City Council Minutes Meeting Date: October 14, 2019 Agenda Item Number: 2A Department: Central Services Staff Contact: Beth Forrest
www.eugene-or.gov Contact Telephone Number: 541-682-5882
ISSUE STATEMENT This is a routine item to approve City Council minutes.
SUGGESTED MOTION Move to approve the minutes for the work sessions on September 9, 11, 16, and 18 of 2019; the meeting on September 9, 2019; and the public hearing on September 16, 2019.
ATTACHMENTS A. September 9, 2019, Work Session B. September 9, 2019, Meeting C. September 11, 2019, Work Session D. September 16, 2019, Work Session E. September 16, 2019, Public Hearing F. September 18, 2019, Work Session
FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov
MINUTES – Eugene City Council September 9, 2019 Page 1
Work Session
M I N U T E S
Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 9, 2019
5:30 p.m.
Councilors Present: Emily Semple, Jennifer Yeh, Alan Zelenka, Mike Clark. Chris Pryor, Betty Taylor, Greg Evans, Claire Syrett Councilor Taylor opened the September 9, 2019, Work Session of the Eugene City Council in Mayor Vinis’ absence.
1.Committee Reports and Items of Interest
MOTION: Councilor Taylor, seconded by Councilor Clark, moved to direct the City Manager to not begin a process for complying with HB 001 and, instead, work to obtain a legislative repeal of HB 2001 during the 2020 legislative session. Council Discussion
•Councilor Taylor – stated her objections to House Bill 2001, noting that it pre-empts localcontrol.
•Councilor Clark – supported Councilor Taylor’s motion; expressed disapproval for HB 2001related to housing affordability and housing costs.
•Councilor Evans – recounted historical conversation about the bill and supportedcompliance with the law while working towards revision or repeal; discussed the timeframefor compliance with the bill’s requirements; voiced support for motion in principle butpractical opposition to the motion because of law passed.
•Councilor Pryor – discussed reasons why Council doesn’t support HB 2001; expressedconcern about not beginning a plan for complying with the law; opposed the intendedmotion and encouraged compliance, followed by work to repeal or revise the law.
•Councilor Syrett- said she would not support the motion because the City has an obligationto comply with a duly processed law; discussed previous work with the City lobbyist andefforts opposing bill; expressed concern that the motion could cause uncertainty indevelopment efforts.
•Councilor Semple – expressed disapproval of motion despite opposition to law; asked howmuch time it would take to be compliant with the law and how much time would it take torepeal the law; inquired about the consequences if the City has no plan in place forcompliance while waiting for repeal; expressed desire to fight the bill but hesitancy as it hasalready passed; supported moving forward with compliance while working towardrevision or repeal.
Councilor Zelenka arrived at 5:50 p.m.
•Councilor Taylor – clarified the timing implications of the motion, noting that HB2001passed by only one vote.
•Councilor Clark – inquired about potential model ordinance from Governor, Covenants,Conditions, and Restrictions (CCR) considerations and litigation concerns; expressedsupport for intended motion because of how this bill will be dealt with in the courts; voicedsupport for effort to fight the bill due to its negative impact on Eugene citizens.
ATTACHMENT A
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 9, 2019 Page 2
Work Session
•Councilor Semple – asked how long it would take to get the organization in compliance withthe law and whether efforts to repeal can be started on a parallel track.
MOTION TO AMEND: Councilor Semple, seconded by Councilor Pryor, moved to amend the motion to “I move to direct the City Manager to work to obtain a legislative repeal of HB 2001 during the 2020 legislative session.
•Councilor Zelenka – shared reasons for opposition to HB2001; discussed considerationsabout how the City can work to repeal the law; requested information from City Attorneyregarding what recourse the City has on preemption.
VOTE ON MOTION TO AMEND: PASSED 5:3, Councilors Yeh, Taylor, and Syrett
opposed.
VOTE ON MAIN MOTION AS AMENDED: Move to direct the City Manager to work to obtain a legislative repeal of HB 2001 during the 2020 legislative session.
PASSED 5:3, Councilors Yeh, Pryor, and Syrett opposed.
•Councilor Evans – asked for clarification of the motion as amended.
•Councilor Yeh – announced that she was working with Oregon Recovers to bring aresolution to council on prevention, treatment and recovery support for those sufferingfrom the disease of addiction; announced upcoming Lane County Walk for Recovery.
2.WORK SESSION: Eugene Airport Master PlanAirport Director Tim Doll, Assistant Airport Director Cathryn Stephens, and Steve Domino andMichael Becker from Reynold, Smith and Hills Company presented the updated Airport MasterPlan for the Eugene Airport. The 20-year, forward-looking document requires City Council toinitiate a refinement plan update process to adopt the Eugene Airport Master Plan as arefinement to the Metro Plan.Council Discussion
•Councilor Syrett – expressed appreciation for recalibration of airport, noting vision isappropriate for growth and safety; expressed curiosity about moving general aviation to thenorth end; inquired about consolidation of general aviation and movement of other airportpartners; inquired about realignment of left turn into airport.
•Councilor Zelenka - asked about the increase of airport use and why there has been a jump;asked about the percentage of passengers who go to Portland instead of using Eugene;inquired about and discussed funding mechanisms, including not using General Fundmoney to support expansion; raised questions about the breakdown of PAL 1 costs.
•Councilor Clark – expressed appreciation for the information; asked whether “people”versus freight flights were considered in the presentation; discussed industrialopportunities in the area, retail considerations, and competitor challenges, noting theymight make Eugene more attractive for freight and inquiring if these concepts wereconsidered; asked how Eugene’s climate recovery ordinance fits in with AMP, particularlyrelated to fuel use; asked for more information on fuel use.
•Councilor Evans – inquired if hotel development is a part of the AMP or if is tangential to theAMP; asked whether Eugene could ever be considered as an aviation hub and if it was partof a plan to relieve pressure on the Portland airport; inquired about what other commercialretail development is being considered as part of AMP; asked about public transit options toand from the airport.
•Councilor Zelenka – asked about the AMP’s nexus with the 2021 games and how it couldimpact travelers and transportation needs.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 9, 2019 Page 3
Work Session
•Councilor Syrett – noted that there are currently no alternatives to the fuels used foraviation; expressed appreciation for efforts to address climate recovery goals by focusing onthose areas of the airport and airport services the City controls; asked council and staff tomindful that significant airport growth isn’t seen as a positive development by everyone inthe community.
•Councilor Taylor – expressed support for flying out of Eugene, noting it is more efficient andreduces the number of vehicles travelling on the highway.
•Councilor Evans – said there are alternative fuels being developed for airplanes andsupported efforts to adapt to new technologies.
•Councilor Clark – shared his thoughts about some of the inconsequential actions taken bythe City to address climate change while it does nothing to address the major polluters.
MOTION AND VOTE: Councilor Semple, seconded by Councilor Pryor, moved to initiate a process to consider adopting the updated Eugene Airport Master Plan as refinement to the Metro Plan. PASSED, 8:0. The City Manager advised the council that the Sign Code work session would be rescheduled.
Council Discussion
•Council Pryor - discussed the need and process for a code amendment related to digital signwork session and will encouraged a prompt rescheduling of the topic.
The meeting adjourned at 6:48 p.m. Respectfully submitted,
Beth Forrest City Recorder
(Recorded by Samantha Roberts)
Link to the webcast of this City Council meeting: here.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council Meeting September 9, 2019 Page 1
MINUTES
Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 9, 2019
7:30 p.m.
Councilors Present: Emily Semple, Jennifer Yeh, Alan Zelenka, Mike Clark. Chris Pryor, Betty Taylor. Greg Evans, Claire Syrett Councilor Taylor opened the September 9, 2019, meeting of the Eugene City Council in Mayor Vinis’ absence.
1.PUBLIC FORUM1.Sabrina Siegel – spoke in opposition to 5G.2.Barbara Wade – spoke in opposition to 5G.3.Joshua Korn – spoke in opposition to 5G.4.Victor Odlivak – spoke in opposition to 5G.5.Robin Bloomgarden – spoke in opposition to 5G.6.Pete Knox – expressed support for MUPTE application in an upcoming council discussion.7.Tiffany Edwards – expressed support for MUPTE application in an upcoming council discussion.8.Ralph Parshall – expressed support for MUPTE application in an upcoming council discussion.9.Bill Whalen – expressed reasons for support for the proposed MUPTE application.10.Alexis Biddle – shared reasons for support of ADUs in providing more affordable housing.11.Chelsea Jennings – shared reasons for support of ADU development in Eugene.12.William O’Brien – spoke in opposition of 5G.13.Amy Pincus – spoke about residential elder care and related concerns about regulations.14.Abe Luedtke –voiced concerns about urgency of council’s climate recovery goal development.15.Dover Sikes – spoke in opposition to use of natural gas and climate recovery goals.16.Ryan Moore – expressed support for ADU development and those speaking about climate.17.Tim Morris – shared reasons for supporting ADU development.18. David Igl – spoke about Dunn Report and for the City Council to …. 19.Otis Root – spoke in support of the homeless and related issues to homelessness.20.Dimitria Hawn – discussed work with Oregon Recovers and supported proposed resolution.21.Kimalyn Brown – discussed work with Oregon Recovers and supported proposed resolution.22.Teri Morgan – discussed work with Oregon Recovers and supported proposed resolution.23.Bonnie Windham – discussed work with Oregon Recovers and supported proposed resolution.24.Debra McGee – spoke about climate recovery ordinance and NW Natural franchise agreement.25.Linda Perrine – spoke about climate recovery ordinance and NW Natural franchise agreement.26.Linda Heyl – expressed need for work sessions related to CRO and natural gas concerns.27.Jim Neu – discussed reduction of use of natural gas in lieu of electric resources.28.Sherri Schultz – spoke to reasons for support of ADU development.29.Eric Jackson – spoke in support of legal homeless camping and criminalization.30.Erik Parrish – spoke to reasons for support of MUPTE application.31.Jerry Harris – expressed reasons for support of MUPTE application.32.Malcom Wilson – discussed work of Upper Willamette Water and environmental quality.33.Matt McRae – discussed expectations for climate recovery goals and NW Natural agreements.34.Claire Barnum – expressed reasons for support of MUPTE application.35.Chad Barczak – expressed reasons for support of MUPTE application.
ATTACHMENT B
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council Meeting September 9, 2019 Page 2
Council Discussion:
•Councilor Taylor – spoke about the work the city is currently doing regarding 5G.
•Councilor Pryor – expressed appreciation for speakers and especially for the Oregon Recoversgroup, noting his previous work with addiction and recovery services; spoke about the manyfactual inaccuracies in a recent op ed piece in the Register-Guard.
•Councilor Semple – expressed appreciation for the amount of work represented in the speakers’comments; spoke about the need to address homelessness, including shelter and bathrooms;asked that emails sent to the council about homelessness include ideas or suggestions forsolutions.
2.CONSENT CALENDAR
A.Approval of City Council Minutes
July 8, 2019, Work Session
July 8, 2019, Meeting
July 10, 2019, Work Session
July 15, 2019, Joint Work Session
July 15, 2019, Public Hearing
July 17, 2019, Work Session
July 22, 2019, Work Session
July 22, 2019, Meeting
July 24, 2019, Work Session
B.Approval of Tentative Working Agenda
C.Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-25-
21, Tax Lot 3200, Located at 112 and 114 Hansen Lane) (City File: Craig and Holly
Kohler; A 19-3)
D.Adoption of a Resolution Annexing Land to the City of Eugene (Assessor’s Map 17-04-02-
42, Tax Lot 402; Located 187 Swain Lane) (City File: Therrell, Mathew; A 19-2)
E.Adoption of a Resolution Annexing Rights-of-Way to the City of Eugene (Sections of:
Harvey Avenue; Maynard Avenue from River Road West: Hatton Avenue West to Parnell
Drive: Manzana Street from Howard South: and Evergreen Drive from Howard Avenue
South to Rosetta Avenue.) (Hatton Annexation; A 19-4)
MOTION: Councilor Semple, seconded by Councilor Pryor, moved to approve the items on the Consent Calendar. Council Discussion
•Councilor Clark – expressed desire to pull item E from Consent Calendar.
VOTE ON MAIN MOTION EXCEPT ITEM E: PASSED 8:0 Council Discussion
•Councilor Clark – asked if there was a timing issue requiring Item E to be voted on atthis meeting; discussed desire to allow neighbors to provide council with feedback;supported rescheduling in two weeks.
MOTION AND VOTE: Councilor Clark, seconded by Councilor Semple, moved to postpone voting on Item E until September 23. PASSED 8:0 The meeting adjourned at 9:18 p.m.
Respectfully submitted,
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council Meeting September 9, 2019 Page 3
Beth Forrest City Recorder (Recorded by Samantha Roberts) Link to the webcast of this City Council meeting: here.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 11, 2019 Page 1
Work Session
M I N U T E S
Work Session of the Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 11, 2019
12:00 p.m.
Councilors Present: Emily Semple, Betty Taylor, Alan Zelenka, Jennifer Yeh, Mike Clark, Claire Syrett, Chris Pryor, Greg Evans Councilor Taylor opened the September 11, 2019, Work Session of the Eugene City Council in Mayor Vinis’ absence.
1.WORK SESSION AND POSSIBLE ACTION: Ferry St. Manor – Application for Multiple-Unit
Property Tax Exemption for Mixed-Use PropertyBusiness Development Analyst Amanda D’Souza, Community Development Director, MichaelKinnison, and Economic Development Planner, Anne Fifield, presented information to councilabout a request for a Multi-Unit Property Tax Exemption for the Ferry St. Manor project, aproposed multi-unit housing development located at 1040 and 1050 Ferry Street.Discussion
•Councilor Semple – inquired about the boundaries of the MUPTE; inquired about parkingfor the building associated with the MUPTE; expressed concern about the plan for FerryStreet Manor and Eugene Manor to share parking; expressed opposition to parkingsituation and inquired about alternatives; asked how developers will emphasize alternativemodes of transportation, what month construction would begin; and what would happen ifdevelopers don’t maintain the rates during the exemption period; asked about risks for theCity regarding rental rates and potential upcoming recession; asked about a response to theminority report; expressed appreciation for project but hesitancy about investment andparking; expressed concern about tax exemptions.
•Councilor Clark – expressed appreciation for Councilor Semple’s comments; discussedcouncil development of public benefits criteria and how this project fits within thosecriteria; asked how the project tests concepts developed through conversations withneighborhood association and local developers.
•Councilor Pryor – discussed rent control bill restrictions to allay fears of increasing rents;discussed work in rewriting MUPTE requirements (public benefits) and support for MUPTEbased on compliance with rules developed; expressed confidence in developers; sharedconcerns related to parking downtown but said it should not stall the project; discussedwhat could be developed on the lot instead of housing.
•Councilor Evans – inquired about the tax history of lot related to revenue the City hasreceived from the lot.
•Councilor Syrett – asked if tax dollars are given to developers, whether the current propertytax would continue to be paid during the exemption period, and if the developer would paySystem Development Charges for parks, transportation and infrastructure; inquiredrhetorically if project would take away from ability to pay for subsidized affordablehousing; noted general community disapproval of MUPTE and other tax breaks in light ofcommunity needs; expressed reasons for approval of project and MUPTE.
•Councilor Zelenka – asked how student housing provision works for project; expressedsupport for the student housing provision despite lack of faith in that particular test;
ATTACHMENT C
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 11, 2019 Page 2
Work Session
expressed appreciation for aspects of the project; discussed history of MUPTE applications within his experience on council and opinions about projects that received and didn’t receive a MUPTE in similar locations; asked questions related to necessity of MUPTE program; raised the concept of “but for” test.
•Councilor Taylor – asked whether there was a provision about using gas or electric energy;asked about eligibility for vacation rental use; inquired about 18-month validation relatedto green building requirements and the potential for extensions; inquired about moderateincome rental rates for affordable rents; discussed concerns about affordability of moderateincome rental units and to which units these belong; discussed concern regarding timing ofapproval and belief that the community and council need more time to learn about theproject; discussed desire to postpone action until further consideration.
•Councilor Syrett – spoke to points by Councilor Zelenka regarding student housing andgeneral program skepticism; noted the council has the option to review the MUPTEprogram and revisit the program criteria; shared reasons for preferring projects thatinclude a financial contribution rather than providing subsidized units as part of MUPTEapplication.
•Councilor Yeh – expressed support for the project given developer’s meeting or exceedingexceeding program requirements; expressed concern about issues that are raised after-the-fact if developers are meeting the requirements set by councilors.
•Councilor Zelenka – reiterated comments about student housing and the “but for” test;discussed rent considerations and disapproval of the provision; reiterated concerns aboutparking downtown; expressed opposition to application.
•Councilor Clark – discussed report created regarding student MUPTE applications andcurrent property tax revenue and impact on the City; cited reasons for rebutting CouncilorZelenka’s “but for” test concern; expressed agreement with Councilor Yeh’s commentsregarding council-imposed requirements for MUPTE applications.
•Councilor Pryor – discussed Councilor Zelenka’s concerns regarding student housingprovision and appreciation for provision; discussed appreciation about concerns about “butfor” test discussed by Councilor Zelenka, and support for the conclusion determined by theproject’s financial analysis; discussed historical approval of MUPTE applications consideredby council and support for approval of applications being considered by council only aftermeeting MUPTE requirements.
•Councilor Zelenka – discussed “but for” test further and difficulty in using that test todetermine if there is true financial need for MUPTE in developing a property; expressed lackof faith in the test for determining the need for tax break.
•Councilor Taylor – discussed contracted financial advisor’s potential lack of familiarity withEugene; expressed agreement with parking concerns in downtown and need for councilconsideration; commented on Councilor Pryor’s comments related to approval of MUPTEapplication by council after requirements met; expressed belief that not all properties of taxbreaks will represent a return on investment.
•Councilor Syrett – commented on concerns about parking downtown; discussed reality ofrental rates of downtown market rate units; discussed Councilor Zelenka’s comments onproperties which did not receive a MUPTE versus those that did in similar areas and furtherresearch on outcomes of these properties and the MUPTE program’s viability.
•Councilor Clark – inquired about requirement regarding parking provision by developer inthe downtown area they are located; discussed parking related to developer ownership ofnearby properties.
•Councilor Pryor – asked what would happen if council took no action at all and council’srole in approval or denial of application; reiterated support for MUPTE application based onprogram requirements and timelines.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 11, 2019 Page 3
Work Session
•Councilor Taylor – commented on Councilor Pryor’s comments related to MUPTEapplication approval timelines.
•Mayor Vinis – reiterated comments made by Councilor Pryor, Clark, Syrett and Yehregarding MUPTE requirements; expressed appreciation for development of housing indowntown core and for requirements being consistent and reliable for developers wantingto build in the community; expressed support for reviewing MUPTE requirements separatefrom approval of a specific application.
MOTION AND VOTE: Councilor Taylor, seconded by Semple, moved to postpone vote for approval of application until the next meeting. FAILED 3:5, Councilors Semple, Pryor, Yeh, Clark and Evans opposed.
MOTION AND VOTE: Councilor Semple, seconded by Councilor Pryor, moved to adopt a resolution approving a multiple-unit property tax exemption for residential property located at 1040 and 1050 Ferry Street, Eugene, Oregon (Applicant RNS Management, LLC. PASSED 5:3, Councilors Taylor, Semple, and Zelenka opposed. The meeting adjourned at 1:17 p.m. Respectfully submitted,
Beth Forrest City Recorder
(Recorded by Samantha Roberts) Link to the webcast of this City Council meeting: here
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 16, 2019 Page 1
Work Session
M I N U T E S
Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 16, 2019
5:30 p.m.
Councilors Present: Betty Taylor, Emily Semple, Alan Zelenka (via telephone), Mike Clark, Greg Evans, Chris Pryor, Claire Syrett, Jennifer Yeh Councilor Taylor opened the September 16, 2019, work session of the Eugene City Council. Mayor Vinis attended the meeting by phone.
1.WORK SESSION: An Ordinance Concerning Accessory Dwellings; Replacing the
Term “Secondary Dwelling” with “Accessory Dwelling” Throughout the Eugene
Code 1971; Making Additional Amendments to Sections 9.0500, 9.2010, 9.2011,
9.2740, 9.2741, 9.2750, 9.2751, 9.2775, 9.3060, 9.3115, 9.3125, 9.3210, 9.3215,
9.3310, 9.3510, 9.3615, 9.3810, 9.3811, 9.3815, 9.3910, 9.3915, 9.6410, and
9.8030 of that Code; and Addressing the Oregon Land Use Board Of Appeals’
Remand of Ordinance Nos. 20594 And 20595.
MOTION: Councilor Taylor, seconded by Councilor Semple, moved to not take action on the ordinance at the work session. Council Discussion
o Councilor Clark – agreed with the motion in principal, but also thought the votecould be reversed later in the meeting by the majority.
o Councilor Semple – expressed disappointment that the ordinance was draftedthrough a straw poll; would like to give more time for residents to comment.
o Councilor Evans – wanted more time to consider the motions Councilor Yehemailed prior to the meeting; would like to consider how Senate Bill 1051 andHouse Bill 2001 overlap and pass an ordinance that plans for them both.
o Councilor Syrett – asked for clarification on what was included in the previouspublic hearing regarding the ordinance and changes made to the draft since thattime; was not amenable to the motion.
o Councilor Pryor – affirmed that the ordinance was not significantly differentfrom what was included in the previous public hearing; asked for clarification onwhether the City was currently out of compliance with State law; did not supportthe motion.
o Councilor Zelenka – said he thought a public hearing or more time to hear fromconstituents at the next public forum would be helpful.
o Councilor Clark – thought some of the changes to the ordinance were significant;preferred not to move quickly, but to have more time for people to weigh in atthe next public forum or public hearing.
ATTACHMENT D
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 16, 2019 Page 2
Work Session
o Councilor Semple – asked for clarification about the dates when codeamendments must be in place; asked what the process would be locally if HB2001 were to be repealed in the next legislative session; reminded everyone thatcouncil instructed staff to work on advocating for a repeal of HB 2001.
o Mayor Vinis – reminded everyone that the topic was on the agenda for “possibleaction” and council has the option not to vote on a topic at any time.
o Councilor Taylor –wanted more time to respond to public concerns on the topic.
o Councilor Syrett – noted that not all councilors were in favor of changing theregulations on ADUs simply because the state legislature was requiring it, butthat some members wanted to make it easier for ADUs to be built.
VOTE: PASSED 5:3, Councilors Yeh, Syrett and Pryor opposed. Principal Planner Alissa Hunter Hansen gave an overview of the history of council’s discussion of the topic and listed which regulations were included in the previous public hearing. Deputy City Attorney Emily Jerome reviewed the cases appealed to the Land Use Board of Appeals over the summer and explained that the parking regulations had been eliminated from the draft ordinance to comply with State law in time for the deadline at the end of the calendar year.
o Councilor Clark – asked whether council could prohibit ADUs from becoming short-term rentals and any other standards council could include to protect the stabilityand integrity of neighborhoods; shared plan to introduce a motion to explore thecreation of a 10-year property tax exemption on any additional structural value foranyone who builds an ADU
MOTION: Councilor Clark, seconded by Councilor Syrett, moved to direct the City Manager to return to council with language that would allow a 10-year property tax exemption for any additional property value from building an ADU.
o Councilor Clark – said he thought a property tax exemption would make ADUs moreaffordable to build.
o Councilor Syrett –seconded the motion because she would like to make ADUs morefinancially accessible to residents; would be interested in strategies.
o Councilor Yeh – wanted to know what other options might accomplish the sameoutcomes, such as waiving system development charges; proposed friendlyamendment— accepted by Councilor Clark and Councilor Syrett—that wouldinclude additional strategies to ease the development costs of ADUs.
o Councilor Semple – said she was not supportive of a tax exemption but would besupportive of a reduction in system development charges.
o Councilor Pryor – supported the idea of a property tax exemption, but not ofreduced SDCs because people building new properties should be required to fundthe community benefits.
o Councilor Evans – echoed Councilor Pryor’s sentiments, noting a gap between thecurrent SDCs and park needs; was supportive of a tax exemption.
o Councilor Clark – disagreed that there was need for more SDCs to fund parks.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 16, 2019 Page 3
Work Session
o Councilor Zelenka – asked for clarification of the motion
o Councilor Clark – said he wanted to incentivize the building of ADUs; would preferaction on the ordinance to happen at the same time council acts to incentivize ADUs.
RESTATED MOTION (with friendly amendment): Move to direct the City Manager to come back with a memo addressing a 10-year property tax exemption for any additional property value attained from an ADU, an SDC discount or credit for ADUs, and other financial incentives identified by staff.
o Councilor Taylor – requested clarification on whether the motion was to be votedupon that evening.
o Councilor Zelenka - requested clarification on whether the City already had SDCcredits for ADUs; sought confirmation that a tax exemption would only apply to thecity of Eugene portion of the property taxes and which SDCs could be reduced.
o Mayor Vinis – questioned whether there was time to prepare the research memoand also take action on the ADU regulations prior to the State’s deadline.
o Councilor Syrett – said she did not think the concurrent work on the ADU incentivesand regulations was necessary and preferred the two conversations to happensequentially.
o Councilor Semple – said she was not supportive of a property tax exemption, butwas willing to vote for the motion in order to move the entire topic of ADUincentives forward for staff to work on.
VOTE: PASSED 6:2, Councilors Taylor and Zelenka opposed.
MOTION: Councilor Yeh, seconded by Councilor Syrett, moved to direct the City Manager to revise the draft ordinance to eliminate the ADU standards for the AG, R-1, R-2, R-3, R-4 and S-E zones that apply only to flag lots, making ADUs on flag lots in those zones subject to the same flag lot standards that apply on regular (non-flag lot) lots in the same zone.
o Councilor Yeh – said she found special regulations for flag lots to beunreasonable.
o Councilor Clark – noted the motion, if passed, would reverse the R-1 codeamendments from 2014; planned to vote against the motion because he thoughtit would make the conversation about ADUs more complex, thereby furtherdelaying the building of them.
o Councilor Pryor – recalled that the 2014 code amendments had significantimpact in the number of ADUs built; planned to vote for the motion because itwould make ADUs more viable.
o Councilor Syrett – said she voted against the code changes in 2014 because theywere deliberately designed to restrict ADU development; thought looseningregulations would help to support families and homeowners to build moreADUs, though she did not expect it to be a high number.
o Councilor Taylor – said she thought council should take care not to reverseprevious decisions.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 16, 2019 Page 4
Work Session
o Councilor Zelenka – asked staff which specific standards for flag lots the motionwould impact; asked what council’s ability was to restrict lot size standardsunder HB2001.
o Councilor Semple – asked how many flag lots would be impacted by the motion;asked how density would be calculated with ADUs; thought that flag lots shouldbe treated differently.
o Councilor Clark – wanted to protect the property values and land rights of R-1homeowners with the 2014 code amendments; noted there seemed to bedifferences of opinion on what livability means to different people.
MOTION: Councilor Evans, seconded by Councilor Syrett, moved to table the motion on flag lots. VOTE: PASSED 5:3, Councilors Yeh, Syrett and Pryor opposed.
o Councilor Syrett – noted there was a previous successful effort in 2014 to limithow many people could live in a neighborhood; thought reducing regulationsand making ADUs more affordable could increase the numbers of them, but stillthought the numbers would be few.
o Councilor Taylor – said people chose their neighborhoods because they wereless dense.
o Councilor Clark – clarified that his concerns were about what percentage of theneighborhood is homeowners as opposed to renters; said more renters couldresult in a different neighborhood character.
o Councilor Yeh – thought the land use code was not the place to addressundesirable behaviors and that the City should not presume that renters werebad neighbors; thought council had talked about the topic for a long time and,while they had not reached consensus, they needed to make a decision.
o Councilor Pryor – questioned whether there was a mutually exclusive choicebetween density and livability; felt the community needed to have aconversation about what livability means in the 21st century compared to what itmeant in the 20th century; said council needed to confront the rate of growth itnow faces.
o Councilor Zelenka – noted that the impact of the ordinance may vary byneighborhood; asked staff whether there was a way to have different rules fordifferent parts of the city.The meeting adjourned at 7:01 p.m. Respectfully submitted,
Beth Forrest City Recorder (Recorded by Cas Casados) Link to the webcast of this City Council meeting.
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 16, 2019 Page 1
Public Hearing
M I N U T E S
Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 16, 2019
7:30 p.m.
Councilors Present: Betty Taylor, Emily Semple, Mike Clark, Greg Evans, Chris Pryor, Claire Syrett, Jennifer Yeh, Alan Zelenka (via phone) Councilor Taylor opened the September 16, 2019, public hearing of the Eugene City Council in Mayor Vinis’ absence. 1.PUBLIC HEARING: An Ordinance Concerning Protections for Individuals and
Amending Section 2.497 of the Eugene Code, 1971.Speakers1.Michael Gannon – expressed frustration about communication systems.Council Discussion:
o Councilor Syrett – asked why a motion was not included in the materials for thepublic hearing, noting that she was interested in taking immediate action on theordinance.
MOTION: Councilor Syrett, seconded by Councilor Semple, moved to adopt the ordinance concerning protections of individuals and amending section 2.497 of the Eugene Code, 1971.
o Councilor Clark – expressed concern about not having more time to review theproposed ordinance.
o Councilor Syrett – withdrew her motion.The meeting adjourned at 7:40 p.m. Respectfully submitted,
Beth Forrest City Recorder (Recorded by Cas Casados) Link to the webcast of this City Council meeting: here.
ATTACHMENT E
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 18, 2019 Page 1
Work Session
M I N U T E S
Eugene City Council
Harris Hall, 125 East 8th Avenue
Eugene, Oregon 97401
September 18, 2019
12:00 p.m.
Councilors Present: Betty Taylor, Emily Semple, Mike Clark, Chris Pryor, Claire Syrett, Jennifer Yeh
Councilors Absent: Alan Zelenka, Greg Evans Councilor Taylor opened the September 18, 2019, work session of the Eugene City Council in Mayor Vinis’ absence.
1.WORK SESSION: Digital SignsSenior Planner Jenessa Dragovich introduced the topic, defining digital signs, providing someexamples, and outlining the benefits, drawbacks, and regulation options.Council Discussion
o Councilor Semple – expressed concern about the safety of digital signs, particularlyconsidering the City’s Vision Zero policy; would prefer to reduce signage for both safety andaesthetic reasons; asked staff for the legal minimum of what the City would be required tochange.
o Councilor Syrett – asked when Springfield changed its code to allow digital signs; askedwhether there could be a limit on the number of digital billboards within the city, andwhether those signs could be limited to billboards currently in existence; supported digitalsigns generally, though would like their number to be limited.
o Councilor Yeh – requested input from the Vision Zero advisory body; asked for a copy of theCity of Springfield’s code; asked about the energy use difference between lighting forexisting billboards and digital signs; asked staff how the City could use the billboards forAmber Alerts and nonprofit use; noted that digital signs make advertising less expensive fornonprofits and small businesses; expressed support for the draft motion contained in thematerials.
o Councilor Pryor – asked staff for statistics on accidents associated with digital signs;thought the content of a sign determined its level of distraction, not the medium itself;supported exploration of regulations to address and enable new technology.
o Councilor Clark – supported the motion, noting that digital signs were economical andeffective for mass communication; thought they could be a helpful tool for communicatingwith residents in emergency situations.
o Councilor Taylor – agreed with Councilor Semple that digital billboards were distractingand not aesthetically pleasing; supported efforts to limit or reduce the number of signs;supported making the message on the Hult Center readerboard static.
o Councilor Syrett – said that opinions about what is attractive or distracting are subjective;would also like to receive the answers to Councilor Yeh’s questions; noted that regulationsare key to maintaining livability and public safety.
ATTACHMENT F
September 14, 2019, Meeting - Item 2A
MINUTES – Eugene City Council September 18, 2019 Page 2
Work Session
MOTION AND VOTE: Councilor Pryor, seconded by Councilor Syrett, moved to initiate land use code amendments to allow digital billboards and digital readerboards within the city and to implement changes to the sign regulations identified by staff that are legally required or necessary to clarify the current regulations. PASSED 4:2, Councilors Taylor and Semple opposed.
2.WORK SESSION: Alley Access LotsPrincipal Planner Alissa Hunter Hansen introduced the topic, explaining what an alley access lotis, where they are permitted, and the standards that currently apply to them.Council Discussion
o Councilor Pryor – thought the issue needed to be addressed within the confines of HouseBill 2001; supported opportunities to add to the community’s housing stock while ensuringand protecting neighborhood livability.
o Councilor Syrett – expressed concern that many building requirements for alley access lotswere different from regular lots; supported looking at regulations that only mitigate uniqueissues such as size and privacy considerations.
o Councilor Semple – supported efforts to create more housing, including on alley lots; agreedthat regulations for building on alley access lots should be the same as regular lots exceptwhere unique aspects need to be addressed; asked questions about who is responsible formaintaining and improving the alleys, what width an alley is required to be, and whatparking requirements there are for alley lots.
o Councilor Clark – noted that tiny or smaller homes are not necessarily more affordable;construction and operation costs are expensive.
o Councilor Taylor – said the restrictions on alley access lots make a lot of sense and are theproduct of a detailed process; warned against making casual changes to current laws.The meeting adjourned at 1:07 p.m. Respectfully submitted,
Beth Forrest (Recorded by Cas Casados) View the webcast of this work session here.
September 14, 2019, Meeting - Item 2A
October 14, 2019, Meeting – Item 2A
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Approval of Tentative Working Agenda Meeting Date: October 14, 2019 Agenda Item Number: 2B Department: City Manager’s Office Staff Contact: Beth Forrest
www.eugene-or.gov Contact Telephone Number: 541-682-5882
ISSUE STATEMENT This is a routine item to approve the City Council Tentative Working Agenda.
BACKGROUND On July 31, 2000, the City Council held a process session and discussed the Operating Agreements. Section 2, notes in part that “The City Manager shall recommend monthly to the council which items should be placed on the council agenda. This recommendation shall be placed on the consent calendar at the regular City Council meetings (regular meetings are those meetings held on the second and fourth Monday of each month in the Council Chamber). If the recommendation contained in the consent calendar is approved, the items shall be brought before the council on a future agenda. If there are concerns about an item, the item may be pulled from the consent calendar at the request of any councilor or the Mayor. A vote shall occur to determine if the item should be included as future council business.” Scheduling of this item is in accordance with the Council Operating Agreements.
RELATED CITY POLICIES There are no policy issues related to this item.
COUNCIL OPTIONS The council may choose to approve, amend or not approve the tentative agenda.
CITY MANAGER’S RECOMMENDATION The City Manager has no recommendation on this item.
SUGGESTED MOTION Move to approve the items on the Tentative Working Agenda.
October 14, 2019, Meeting – Item 2A
ATTACHMENTS A. Tentative Working Agenda
FOR MORE INFORMATION Staff Contact: Beth Forrest Telephone: 541-682-5882 Staff E-Mail: bforrest@eugene-or.gov
Work Session Action Public Hearing Public Forum Consent Calendar
Committee Reports/Items of Interest Ceremonial Matters Pledge of Allegiance
Updated October 3, 2019
Meeting Location: Harris Hall, 125 East 8th Avenue, unless otherwise noted
October 2019
Date Day Time Title Length Dept. Contact
9‐Oct Wednesday 12 pm
Parks and Recreation SDC
Methodology Update
(Work Session)
Small Cell Technology
(Work Session)
45 mins
45 mins
Carolyn Burke, PW
Scott Milovich, PW
Expected absences for 10/9: none
14‐Oct Monday
5:30 pm
Committee Reports and Items of
Interest
Human Rights Commission
Annual Report and Work Plan
(Work Session)
Riverfront and Downtown Urban
Renewal Overview
(Work Session)
45 mins
45 mins
Fabio Andrade, CS
Michael Kinnison, PDD
7:30 pm Public Forum
Ordinance on Data Collection and
Protection of Individuals
(Action)
Resolution on Youth Led Climate
Strike
(Action)
Jen Van Der Haeghen,
CS
Expected absences for 10/14: Yeh
16‐Oct Wednesday 12 pm
CAP 2.0 – Transportation Fuels
Gap Strategy
(Work Session)
Rivers to Ridges Update
(Work Session)
45 mins
45 mins
Chelsea Clinton, CS
Craig Carnagey, PW
Expected absences for 10/16: Yeh
ATTACHMENT A
October 14, 2019, Meeting – Item 2B
2
21‐Oct Monday
5:00 p.m. MovingAhead Open House
Harris Hall Lobby
7:30 pm MovingAhead w/LTD Board
(Joint Public Hearing) Chris Henry, PW
Expected absences for 10/21: none
23‐Oct Wednesday 12 pm Accessory Dwelling Units
(Work Session) 90 mins Alissa Hansen, PDD
Expected absences for 10/23: none
28‐Oct Monday 5:30 p.m.
Committee Reports and Items of
Interest
Riverfront Urban Renewal
Follow‐Up
(Work Session)
NW Natural Update and CAP 2.0
Energy in Buildings Gap Strategies
(Work Session)
45 mins
45 mins
Michael Kinnison, PDD
Ethan Nelson, CS
7:30 pm Public Forum
Expected absences for 10/28: none
30‐Oct Wednesday 12 pm
Downtown Fiber Update
(Work Session)
Town Square Update
(Work Session)
45 mins
45 mins
Anne Fifield, PDD
Will Dowdy, PDD
Expected absences for 10/30: none
November 2019
Date Day Time Title Length Dept. Contact
12‐Nov Tuesday
5:30 pm
Committee Reports and Items of
Interest
Emergency Management Update
(Work Session)
CAP 2.0 Gap Strategies
(Work Session)
45 mins
45 mins
Randi Bowers‐Payne,
CS
Chelsea Clinton, CS
7:30 pm Pledge of Allegiance to the Flag
Public Forum
Town Square
(Public Hearing & Poss. Action) Will Dowdy, PDD
Expected absences for 11/12: none Meeting Location: Bascom/Tykeson Room, Library
13‐Nov Wednesday 12 pm
Riverfront Urban Renewal
Follow‐Up #2
(Work Session)
Process Session
(Work Session)
45 mins
45 mins
Michael Kinnison, PDD
Beth Forrest, CS
Expected absences for 11/13: none October 14, 2019, Meeting – Item 2B
3
18‐Nov
Monday
5:30 pm
Sustainability Commission
Annual Report and Work Plan
(Work Session)
URA – Steam Plant Deal Points
(Work Session)
45 mins
45 mins
Mark Nystrom, CS
Amanda D’Souza, PDD
7:30 pm
Ordinance on Polystyrene
(Public Hearing)
Ordinance on Plastic Bags
(Public Hearing)
Ordinance on CAP 2.0
(Public Hearing)
Anna Reid, PDD
Anna Reid, PDD
Chelsea Clinton, CS
Expected absences for 11/18: none
20‐Nov
Wednesday
12 pm
Transit Tomorrow
(Work Session)
Eugene/Springfield Consolidated
Plan
(Work Session)
45 mins
45 mins
Rob Inerfeld, PW
Stephanie Jennings,
PDD
Expected absences for 11/20: Taylor, Evans, Semple
25‐Nov
Monday
5:30 p.m.
Committee Reports and Items of
Interest
Community Safety Update
(Work Session)
2021 Update
(Work Session)
60 mins
30 mins
Kristie Hammitt, CS
Stephanie Scafa, PW
7:30 pm
Public Forum
Ordinance on Polystyrene
(Action)
Ordinance on Plastic Bags
(Action)
Anna Reid, PDD
Anna Reid, PDD
Expected absences for 11/25: none
27‐Nov
Wednesday
12 pm
** MEETING CANCELLED **
Expected absences for 11/27: none
December 2019
Date Day Time Title Length Dept. Contact
9‐Dec
Monday
5:30 pm
Committee Reports and Items of
Interest
Downtown Activity Zone
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Michael Kinnison, PDD
October 14, 2019, Meeting – Item 2B
4
9‐Dec
Monday
7:30 pm
Public Forum
Resolution Acknowledging Receipt
of FY19 Comprehensive Annual
Financial Report
(Consent Calendar)
URA – Resolution Acknowledging
Receipt of FY19 URA Annual
Financial Report
(Action)
Supplemental Budget #1
(Public Hearing and Action)
URA Supplemental Budget #1
(Public Hearing and Action)
Finn Cronin, CS
Finn Cronin, CS
Vicki Silvers, CS
Vicki Silvers, CS
Expected absences for 12/09: none
11‐Dec
Wednesday
12 pm
CAP 2.0 Final Action
(Action)
Short‐Term Vacation Rentals
(Work Session)
45 mins
45 mins
Chelsea Clinton, CS
Lydia Kaye, PDD
Expected absences for 12/11: none
Council Break: December 12 – January 8
January 2020
Date Day Time Title Length Dept. Contact
8‐Jan
Wednesday
5:30 pm
2020 State of the City
Elena Domingo, CS
Expected absences for 1/8: none Hult Center – Soreng Theater
13‐Jan
Monday
5:30 pm
Committee Reports and Items of
Interest
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
7:30 pm
Election of Council Officers for
2020
Public Forum
Expected absences for 1/13: none
15‐Jan
Wednesday
12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 1/15: none October 14, 2019, Meeting – Item 2B
5
21‐Jan
Tuesday
5:30 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
7:30 pm
TBD
(Public Hearing)
Expected absences for 1/21: none Location: TBD
22‐Jan
Wednesday
12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 1/22: Evans
27‐Jan
Monday
5:30 p.m.
Committee Reports and Items of
Interest
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
7:30 pm
Public Forum
Expected absences for 1/27: none
29‐Jan
Wednesday
12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 1/29: none
February 2020
Date Day Time Title Length Dept. Contact
10‐Feb
Monday
5:30 pm
Committee Reports and Items of
Interest
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
7:30 pm
Public Forum
Expected absences for 2/10: none
12‐Feb
Wednesday
12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 2/12: none
October 14, 2019, Meeting – Item 2B
6
18‐Feb Tuesday
5:30 pm TBD
(Work Session)
TBD
(Work Session)
45 mins
7:30 pm TBD
(Public Hearing)
Expected absences for 2/18: none Location: TBD
19‐Feb Wednesday 12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 2/19: none
24‐Feb Monday 5:30 p.m.
Committee Reports and Items of
Interest
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
7:30 pm Public Forum
Expected absences for 2/14: none
26‐Feb Wednesday 12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 2/26: none
March 2020
Date Day Time Title Length Dept. Contact
9‐Mar Monday
5:30 pm
Committee Reports and Items of
Interest
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
7:30 pm Public Forum
Expected absences for 3/9: none
11‐Mar Wednesday 12 pm
TBD
(Work Session)
TBD
(Work Session)
45 mins
45 mins
Expected absences for 3/11: none
October 14, 2019, Meeting – Item 2B
7
Council Break: March 12 – April 8
Work Session Action Public Hearing Public Forum Consent Calendar
Committee Reports/Items of Interest Ceremonial Matters Pledge of Allegiance
Approved Work Session Polls to be Scheduled Councilor Date Approved
Data Collection/Protection of Individuals and Groups – Action 10/14/19
Update Sign Code for Digital Display Techno logy – follow‐up TBD
Short‐term Vacation Rentals – follow‐up TBD
5G/Small Cell – include experience of other cities – scheduled 10/9/19
Syrett
Pryor
Taylor
Clark
7/19/18
2/14/19
5/23/19
5/20/19
Follow‐Up Work Sessions to be Scheduled
TAC Implementation
Commercial Setbacks
October 14, 2019, Meeting – Item 2B
October 14, 2019, Meeting – Item 2C
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Approval of Amendment to City Manager’s Employment Agreement Meeting Date: October 14, 2019 Agenda Item Number: 2C Department: City Attorney’s Office Staff Contact: Kathryn Brotherton
www.eugene-or.gov Contact Telephone Number: 541-682-8447
ISSUE STATEMENT Paragraph 7.1 of the City Manager’s employment agreement prohibits him, within one year of his employment with the City, from accepting employment from, or receiving any financial gain from, any private or public entity engaged in an activity, occupation or industry over which the City had regulatory authority during the City Manager’s term of employment with the City. Over the past few years, Jon Ruiz has taught a course at the University of Oregon regarding public sector leadership. The UO has asked him to teach the course again this spring. In order for Jon to teach at the UO after his October 18, 2019, retirement, council would need to authorize an amendment to 7.1.
SUGGESTED MOTION Move to approve an amendment to the City Manager’s employment agreement that allows him to continue teaching classes at the UO and allows him to undertake similar types of employment after receiving written approval from the Council President, and to authorize the Council President to execute an amendment consistent with this motion.
FOR MORE INFORMATION Staff Contact: Kathryn Brotherton, City Attorney Telephone: 541-682-8447 Staff E-Mail: KBrotherton@eugene-or.gov
October 14, 2019, Meeting – Item 3
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: An Ordinance Concerning Protections for Individuals and Amending Section 2.497 of the Eugene Code, 1971. Meeting Date: October 14, 2019 Agenda Item Number: 3 Department: Central Services Staff Contacts: Jennifer Lleras Van Der Haeghen and Becky DeWitt
www.eugene-or.gov Contact Telephone Number: 541-682-5619
ISSUE STATEMENT The City Council established an Ordinance for the Protection of Individuals in March 2017. This ordinance provides certain protections for all Eugene residents, including immigrants. Following the passage of this ordinance the Eugene City Council requested a work session to better understand which individually identifiable data is collected and how it’s maintained. This information was provided in June 2018 to help City Council determine whether there are amendments to this ordinance that it would like to adopt. Following that presentation and discussion, the council requested that staff draft potential language for amendment adoption to limit the information that is collected and maintained related to individually identifiable immigration status information. In July 2019, the City Council received a presentation with an update on the existing ordinance and was presented with draft language to amend the existing ordinance. Council voted unanimously to move the draft language, which would limit the information collected and maintained related to individually identifiable immigration status, to a public hearing. That public hearing took place on September 16, 2019.
BACKGROUND At the November 14, 2016, meeting, City Council passed Council Resolution No. 5174, “declaring the City of Eugene’s commitment to being a welcoming, inclusive, and safe community for everyone.” In response to continued community interest, City Council, at their December 12, 2016, meeting, directed the Mayor to form an ad hoc committee to establish concepts, goals and outcomes for a potential ordinance. The Ad Hoc Committee met twice in late January and early February 2017 and presented their proposed outcomes for an ordinance to council at the February 22, 2017, work session. At the February 22, 2017, work session, council passed a motion to bring back a proposed ordinance for public hearing that would adopt the provisions of Oregon Revised Statutes 181A.820 and 181A.250 related to law enforcement personnel; expand the applicability of ORS 181A.820 to cover all other City employees; and prohibit all other City employees from collecting and maintaining information regarding political, religious or social views of individuals.
October 14, 2019, Meeting – Item 3
On March 13, 2017, the Eugene City Council unanimously passed the Protections for Individuals Ordinance (Ordinance 20579). This ordinance provides certain protections for all Eugene residents, including immigrants. This action put provisions of an existing state law into City code, preventing the use of City resources (moneys, equipment or personnel) to detect or apprehend individuals whose only violation of the law is that they are present in the United States in violation of federal immigration laws. Beyond the ordinance, the Mayor’s Ad Hoc Committee proposed an expansion that would require the City of Eugene be prohibited from collecting individually identifiable information as it related to 16 categories. These categories included immigration status, race, ethnicity, national origin, gender, gender identity, sexual orientation, housing status, disability, association, activities, organization, corporation, business, partnership or group. In May 2018, to better understand the potential impact of amending the ordinance, the City Manager directed City departments to review their existing policies and practices regarding data collection pertaining to the 16 categories and report back on a series of questions in order to equip council with the information needed to make a well-informed decision on potential amendments to Ordinance 20579. In June 2018, this information was presented to the City Council at a work session. The presentation included data gathered from each City of Eugene department. This data was thorough but not fully comprehensive due to time and capacity limitations. From the data provided, staff found that the City of Eugene is primarily collecting data in three core categories. Those categories include (1) when information is legally required, (2) in service provision, and (3) to advance equity goals. There were two areas where collection of individually identifiable information was more prevalent: in employment-related processes and in program service delivery where a person’s individual experience may qualify them for services (e.g., a person has a disability or is currently unhoused). Based on the information collected, immigration status information was only collected in employment-related processes and/or when shared voluntarily. At the work session, City Council requested staff return to codify language that would limit City employees from collecting or maintaining individually identifiable immigration status in certain circumstances. Council also asked that the City Manager put policies in place to address collection and maintenance of individually identifiable immigration status as an interim measure until it could act on potential amendments. In September 2018, the City Manager signed Administrative Order No. 21-18-09 Establishing City Policy Prohibiting Collection and Maintenance of Immigration Status by City Employees Except in Certain Circumstances. This action confirmed a commitment to City of Eugene law enforcement personnel fully implementing the Eugene Code Sections 2.495 and 2.497 regarding immigration status information and prohibited City of Eugene employees from collecting or maintaining immigration status information, except when voluntarily provided or required to comply with state or federal law. Upon the adoption of Administrative Order No. 21-18-09, City staff received electronic communications about the order through their Executive Directors. In some cases, especially with City staff who have a high level of community engagement at public events, training was offered on how to properly adhere to the ordinance and administrative order in their daily
October 14, 2019, Meeting – Item 3
activities. This training was developed with guidance from the City Attorney’s Office and was provided by the Office of Human Rights and Neighborhood Involvement. In July 2019, City Council received an overview of past actions on this topic, reviewed language for a potential amendment to the Protections of Individuals Ordinance, and learned about administrative policies that would be added to the City of Eugene Administrative Policy Manual, which all staff are required to adhere to in their course of work. Council voted unanimously to move the draft language limiting the information collected and maintained related to individually-identifiable immigration status to a public hearing. At the September 16, 2019, public hearing, one person provided comment.
PREVIOUS COUNCIL DIRECTION February 22, 2017, Work Session Council passed a motion to bring back a proposed ordinance for public hearing that would adopt the provisions of ORS 181A.820 and 181A.250 related to law enforcement personnel; expand the applicability of ORS 181A.820 to cover all other City employees; and prohibit all other City employees from collecting and maintaining information regarding political, religious or social views of individuals. March 13, 2017, Meeting Council adopted an Ordinance for the Protections of Individuals. June 13, 2018, Work Session Council received an update on the Ordinance for Protection of Individuals and Groups; directed staff to return with language to consider that would strengthen protections for immigrants. July 24, 2019, Work Session Council voted to move draft language limiting the information collected and maintained related to individually-identifiable immigration status to a public hearing. September 16, 2019, Public Hearing Public Hearing on code amendments to Ordinance 20579.
COUNCIL OPTIONS The Council may choose to: 1.Vote to adopt the amendments to Ordinance 20579.2.Take no action at this time.
CITY MANAGER’S RECOMMENDATION The City Manager Recommends adopting the amendments to the ordinance.
October 14, 2019, Meeting – Item 3
SUGGESTED MOTION Move to adopt An Ordinance Concerning Protections for Individuals and Amending Section 2.497 of the Eugene Code, 1971.
ATTACHMENTS A. Protections for Individuals Ordinance (Ordinance 20579) B. Draft Code Amendment to 2.947 C. Administrative Order No. 21-18-09
FOR MORE INFORMATION Staff Contact: Jennifer Lleras Van Der Haeghen Telephone: 541-682-5619 Staff E-Mail: jvanderhaeghen@eugene-or.gov
ATTACHMENT A
October 14, 2019, Meeting – Item 3
October 14, 2019, Meeting – Item 3
October 14, 2019, Meeting – Item 3
Ordinance – Page 1
ORDINANCE NO. ________
AN ORDINANCE CONCERNING PROTECTIONS FOR INDIVIDUALS AND
AMENDING SECTION 2.497 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.497 of the Eugene Code, 1971, is amended to provide as follows:
2.497 Information Not to Be Collected or Maintained.
(1)No city law enforcement personnel may collect or maintain information about
the political, religious or social views, associations or activities of any
individual, group, association, organization, corporation, business or
partnership unless such information directly relates to an investigation of
criminal activities, and there are reasonable grounds to suspect the subject of
the information is or may be involved in criminal conduct.
(2)No non-law enforcement personnel working for the city may collect or maintain
information about the political, religious or social views of any individual.
(3)No city employee may collect or maintain individually identifiable
immigration status information unless (a) such collection and
maintenance is required to comply with state or federal law; (b) the
individually identifiable immigration status information is voluntarily
provided to the city by the individual; or (c) the information is provided
to the city as part of a city application process for employment or a
contract with the city, or a business permit or license from the city.
Section 2. The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
______day of _______________, 2019 ____ day of ________________, 2019
____________________________ _____________________________
City Recorder Mayor
ATTACHMENT B
October 14, 2019, Meeting – Item 3
ATTACHMENT C
October 14, 2019, Meeting – Item 3
October 14, 2019, Meeting – Item 3
Item 4:
Action: Resolution on Youth-Led
Climate Strike
October 14, 2019, Meeting – Item 4
Resolution -- Page 1 of 2
RESOLUTION NO. _____
A RESOLUTION SUPPORTING YOUTH-LED CLIMATE STRIKES.
The City Council of the City of Eugene finds that:
A. Climate change is a threat to current and future generations, both locally and
globally.
B. On April 22, 2016, world leaders from 174 countries and the European Union
recognized the threat of climate change and the urgent need to combat it by signing the Paris
Agreement, agreeing to keep global warming well below 2°C above pre-industrial levels and to
pursue efforts to limit the temperature increase to 1.5°C.
C. On October 8, 2018, the United Nations International Panel on Climate Change
released a special report which projected that limiting warming to the 1.5°C target this century will
require an unprecedented transformation of every sector of the global economy over the next 12
years.
D. On September 20, 2019, millions of students around the world, including hundreds
of students in Eugene, Oregon, participated in an international, youth-led Global Climate Strike
by walking out of class and demanding immediate governmental action to address climate change.
The week of Climate Action Strikes, with many local climate awareness events, continued through
September 27.
E. The City Council has adopted numerous Ordinances and Resolutions recognizing
the global threat of climate change and demonstrating a commitment to addressing climate change,
including:
1. Resolution No. 5064 (2012). A Resolution in Support of Reducing
Greenhouse Gals Pollution under the Clean Air Act.
2. Resolution No. 5065 (2012). A Resolution to Oppose the Transport of Coal
for Export through Eugene.
3. Ordinance No. 20540 (2014). Adopting a Climate Recovery Ordinance to
establish goals related to carbon neutrality and reduction in fossil fuel use.
4. Resolution No. 5109 (2014). A Resolution in Support of Fossil Fuel
Divestment.
5. Resolution No. 5130 (2015). A Resolution Supporting a Carbon Pricing
Policy for the State of Oregon.
6. Ordinance No. 20567 (2016). Amending the Climate Recovery Ordinance
to establish a goal related to reducing CO₂ emissions.
Resolution -- Page 2 of 2
7. Resolution No. 5266 (2019). A Resolution Calling for the Federal
Government to Pass a Green New Deal.
F. The City Council’s above-actions are consistent with, and supportive of, the global
youth climate movement.
G. The City Council recently demonstrated its commitment to supporting youth-led
climate action through its May 20, 2019, adoption of Resolution No 5265, a Resolution Calling
for Support of the Juliana v. U.S. Youth Plaintiffs and the Science-Based National Climate
Recovery Plan They Seek.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. The City Council declares its support for youth-led climate strikes, including
the strike that occurred September 20 through September 27, 2019.
Section 2. The City Council applauds citizens, especially the youth, in their continuing
efforts to take actionable steps to address the climate change emergency.
Section 3. This Resolution is effective immediately upon its passage by the City
Council.
The foregoing Resolution adopted the _____ day of __________________, 2019.
____________________________________
City Recorder