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HomeMy WebLinkAboutCC Minutes - 07/29/98 Work Session MINUTES Eugene City Council McNutt Room--City Hall July 29, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor Betty Taylor, Ken Tollenaar. COUNCILORS-ELECT: Gary Pape, Gary Rayor. COUNCIL CANDIDATE: David Kelley. I. CALL TO ORDER The adjourned July 27, 1998, Eugene City Council meeting was called to order at 11:30 a.m.; His Honor Mayor James D. Torrey presiding. II. ACTION ITEMS A. Action: Appointment of City Manager, or City Manager Recruitment and Selection Workplan; and Adoption of Position Description for City Manager Ms. Taylor moved, seconded by Mr. Lee, to postpone a regional recruitment process to September and complete it after the November election. Ms. Taylor called attention to the memorandum from the Neighborhood Leaders Council asking the council not to rush to hire a city manager--a position she agrees with. Ms. Taylor said councilors-elect should participate in the city manager recruitment and hiring process. Mr. Farr reminded the council that less than two years ago it conducted a national search for a city manager and interviewed the top candidates--all regional candidates. He said not much has changed since then and conducting such a search would be a futile effort. Citing his stellar qualifications, Ms. Swanson Gribskov said she hoped the council will appoint Jim Johnson to the position today, noting that the council had unanimously agreed to his pro tern appointment. She said the council's interest in an in-house applicant would discourage many from applying for the job and proceeding with Mr. Johnson's appointment would save both time and money. Mr. Kelly said he was impressed with Mr. Johnson's qualifications, but many citizens have voiced concern with the council's haste. He urged the council to postpone the process to the fall to allow additional time for: 1) additional council questions of Mr. Johnson; 2) council adoption of a position description; 3) more public involvement in the process; and 4) a regional recruitment process estimated to take 10-12 weeks. MINUTES--Eugene City Council July 29, 1998 Page 1 11:30 a.m. Mr. Tollenaar said this was not an easy call for him to make because of his commitment to the council/manager form of government, but after Mr. Johnson's July 27 presentation and his assessment of Eugene's unique situation, he has changed his position and now favors Mr. Johnson's appointment. He cited Mr. Johnson's outstanding performance as pro tern manager and the fact that there would be no learning curve as other reasons for appointment. Mr. Tollenaar said the current council was in the best position to make the decision about the city manager. In response to a question from Mr. Lee, Administrative Services Director Warren Wong said the time line depended on the scope of the search should the council decide on a recruitment process. He said a regional search could be done in-house and take from eight to ten weeks. Mr. Lee said he was hesitant to make a decision that another council will have to "live with" and it might polarize the future council. He also expressed disappointment at not having an adopted position description. Mr. Lee agreed with others that Mr. Johnson's qualifications are excellent but he objected to the process and urged the council to open up the process and involve councilors-elect. Mr. Rayor agreed with Mr. Lee and said it was also difficult for him because Mr. Johnson was such an excellent candidate. He cited a public perception of "complacency" that hindered Mr. Johnson's acceptance by the public, adding that initiating a regional recruitment process would address this public concern. Mr. Rayor said Mr. Johnson would likely prevail if such a process were implemented but if the council chose to appoint Mr. Johnson, he was prepared to work closely with him. He said people "want the government back on track, and responsive." Mr. Meisner said to his surprise it is precisely for the reason stated in Mr. Rayor's final comment that he also has changed his mind and is prepared to appoint Mr. Johnson to the position at this time. He added that he has been impressed with Mr. Johnson's performance both in City and County government. He said he agreed with Ms. Swanson Gribskov's assessment of the types of candidates a recruitment process would draw. He urged the council to move forward with the appointment and preserve the stability it has found in Mr. Johnson through the upcoming election when it would be important due to the significant measures on the ballot. Ms. Nathanson commented that postponing major decisions for future councils narrows the window of opportunity for many council decisions. She said she can make a decision with a clear conscience today, and although she is concerned about what her relationship with the future council will be, it was more important to her what her relationship with the citizens she represents and making a good decision for the citizens of Eugene. Ms. Nathanson said some things seemed to be "on hold" because there was no permanent city manager and many issues and project needed committed leadership. She said she was ready to appoint Mr. Johnson based on his record, adding that she had seen the opposite of complacency in him. She cited his innovative responses to cuts in the Library, Recreation, and Cultural Services Department as an example. Mayor Torrey said the current position description was adequate and the council at any time can make adjustments to that description, so if the new council decides to change it, it can. He said he was tired of "processing" and urged the council to moved forward with the appointment. Mayor Torrey communicated many endorsements, including public officials, for the appointment that evidenced community support. MINUTES--Eugene City Council July 29, 1998 Page 2 11:30 a.m. Mr. Taylor opined that the reason the city was "on-hold" was that it prematurely fired the previous city manager. Mr. Farr said he took seriously Mr. Lee's concern with future councils but believed Ms. Nathanson had spoken to that issue. He reiterated his support for the appointment. The motion failed, 2:6; with Ms. Taylor and Mr. Lee voting in favor. Addressing a question from Ms. Taylor, Mr. Johnson said the first thing he would do in the Planning and Development Department (PDD) is hire a director and involve that person in the process of the changes entertained for that department. He noted that a policy direction change from the council has changed the role of the PDD. Mr. Johnson said he would rather wait and work on those changes with the director and staff. In response to a follow-up question form Ms. Taylor, Mr. Johnson said he does not "expect to be here the rest of his life" and suggested a very thorough review by both sides in five years. Mr. Farr moved, seconded by Mr. Tollenaar, to appoint James R. Johnson to the position of City Manager for the City of Eugene and direct the Council President to negotiate an employment agreement with Mr. Johnson for council review and approval. Ms. Taylor reiterated her position, saying she would not be able to vote "yes" without more discussion and the opportunity to ask additional questions. Mr. Lee said he would support the motion with the understanding that work has yet to be done. Ms. Swanson Gribskov reiterated her support for the appointment, noting that to her "even the 'no' votes sound like 'yeses'." Ms. Meisner asked the councilors-elect and council candidate how they would vote on the question. Mr. Kelley said he did not believe it was a yes/no question and he did not wish to extend the discussion time. Mr. Rayor said he would vote "yes," given that the charter allows the council to dismiss the manager at any time. Mr. Farr agreed with Ms. Swanson Gribskov that even the "no" positions sound like a "yeses" and asked for a unanimous vote on the question. Ms. Nathanson expressed gratitude at having someone like Mr. Lee at the table. Addressing those criticizing the council for moving too slow or too fast, she argued that the speed with which the council moved through processes was situational. Ms. Nathanson said she believed the process was not rushed, recalling that it was initially raised last March, adding that perhaps there was not sufficient discussion time. Mr. Laue said he understood the positions of the councilors-elect and council-candidate and said Mr. Johnson was the best choice for this community and council. The motion passed, 7:1; with Ms. Taylor opposed. MINUTES--Eugene City Council July 29, 1998 Page 3 11:30 a.m. Mr. Johnson thanked the council for its support, saying he was confident he could do the job and was well-supported by a great staff. Mayor Torrey asked Mr. Johnson to develop a process for review of the City Manager's position description. B. Action: Ordinance: Library Local Option Levy and Voter Pamphlet Decision Mr. Johnson introduced the topic, saying there was no formal staff presentation beyond the material in the meeting packet. Addressing a question from Ms. Swanson Gribskov, Mr. Johnson said the option before the council was whether to put all of the money required on the levy or do some interfund borrowing. Administrative Services Director Warren Wong explained the implications of interfund borrowing. He recalled adopted council policy of carrying a two-month unappropriated ending fund balance in the general fund, noting staff has provided two options: a "technical" approach carrying a five-month balance; and a "minimal" approach following the general fund practice of two months. Mr. Wong said if the council chooses the second of these, it will have to do some interfund borrowing from another fund that has sufficient cash. He said staff recommends not using the latter to establish a precedent if in the future the council decides to go for local operating levies because it may force the council to borrow on the open market. Mayor Torrey's ascertained that no one was opposed to the second option (the two-month balance). Mr. Tollenaar expressed concern with communicating clearly with the public, saying a clear and explicit statement about the disconnect issue must be made. Mr. Tollenaar moved, seconded by Mr. Laue, to direct staff to draft a resolution that would express the sense of the council on several points: 1. The council does urge voter support of the local operating levy for library operations that will appear on the November ballot. A revenue stream already exists to support debt service for about $18 million in urban renewal bonds that will be sold to fund most of the cost to construct a new library, and there are other sources to make up the difference between the $18 million and the actual cost. The new downtown library would be scheduled to open in the year 2,002; 2. If the voters fail to approve the library operating levy in November, there will be no branch libraries, no expanded library hours, no increase in the library budget for books and materials, and no increased funding to operate the larger downtown library. If the levy fails in November, however, the council will still have at least three years in which to identify alternative funding sources before the library opens. The alternatives could include one or more new, non-property tax sources or another property tax levy could be submitted to the voters in November, 2000; 3. In the event that none of those alternatives is successful, the new library could still open as scheduled but with a reduced level of programming and service. Some of the space that would not be needed for library purposes could be used MINUTES--Eugene City Council July 29, 1998 Page 4 11:30 a.m. for other City offices that are now leasing private space or it could be leased out to private tenants until there was sufficient funding for the full utilization of the library. Several additional options exist in the event that the voters reject the library levy in November: some resources for branches and enhancements might be identified within the regular budget if, in fact, future property tax revenue exceeds the levels we hare currently predicting, i.e., if the City should experience a higher that expected growth rate for the city of Eugene; existing City reserves might be utilized to finance a one-time move-in cost for a downtown library; and other one-time sources may materialize during the three years prior to opening a new downtown library. Ms. Swanson Gribskov expressed appreciation for Mr. Tollenaar's work, adding that if voters vote "yes," the branches would open on "such-and-such a date," and furthermore, the hours will be increased to..." Ms. Taylor said saying what would happen if voters vote yes was excellent, but had questions about saying what will happen if voters say "no." Mr. Meisner said the sense of the resolution was useful but asked what does the council intended to do with it. Mr. Tollenaar said it expressed legislative history but even more than that, it communicated clearly to the public what the council meant by the "disconnect." He said he assumed the media was picking up on this and would carry the message. Mayor Torrey clarified that the motion asked that staff to bring back a resolution for the council's adoption. The motion passed unanimously, 8:0. Mr. Johnson asked the council to consider Council Bill 4661, relating to an ordinance that places a library local option levy on the November ballot. The local option levy is for a total of $8,760,000. Mr. Fart moved, seconded by Mr. Tollenaar, that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote. City Attorney Glenn Klein noted the following changes to the ordinance: Section E--the figure will be changed to $8,760,000; Section F--the figure will be changed to $2,190,000; and also in Section F, the amount will be changed from 31 cents per thousand will change to 29 cents per thousand, and the $39.50 changes to $37.50. The motion passed unanimously, 8:0. Mr. Johnson asked the council to consider Council Bill 4661 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that the bill be approved and given final passage. Roll call vote. Having passed unanimously, the bill was given final passage and became Ordinance Number 20129. Mayor Torrey thanked Mr. Meisner and his committee. MINUTES--Eugene City Council July 29, 1998 Page 5 11:30 a.m. C. Work Session: Recommendations from the Council Committee on Homelessness and Youth Richie Weinman, Planning and Development Department, provided the staff report and called attention to the committee's recommendations displayed on the wall. He reviewed the implications of those recommendations, saying the proposed law would not stand in the way of people helping people and the recommendation asked the City to make 15 spaces available for vehicle camping on City property to set an example for the community. Among the recommendations is a contingency fund request to fund a facilitator to manage the City spaces, encourage others to participate, and arrange for portable toilets and maintenance and signage. Mr. Weinman said the current ordinance allowing camping in industrial areas should be extended for 30 days to allow sufficient time to place the new scheme in place. Addressing a question from Mayor Torrey, Mr. Weinman said the current ordinance bans camping on public streets with the exception of industrial areas, but on September 30 that would sunset. Mr. Farr spoke for the committee, saying the proposal before the council provided some relief to the homeless families, but it was not a good solution for people with emotional/mental instability and those in the "fringe" who chose the homeless lifestyle. He emphasized that this solution was temporary or a "bridge to what happens next." Mr. Farr called for a broader community discussion involving both the private and public sectors. Ms. Nathanson said it was regrettable that all the groups are not satisfied with the proposal, but reminded the council of all it has done for the homeless, noting that it was not what happened in most communities. She expressed appreciation for the committee's work, saying the proposal represented an expansion of current services. Mr. Lee said he fundamentally believes that the camping ban is wrong, saying it is a result of land use laws that were developed without considering the homeless population. He called for a review of the land use laws that consider this population, adding it was a national phenomena that needed to be addressed. Mr. Lee said that the problem is so large that it will not be solved without involving the public, pointing out that the proposal allows people to help each other. He reminded the council of impending inclement weather and said this is the solution for this winter. Ms. Taylor said the dialogue should be broadened to include the City of Springfield, Lane County, and the State. Mr. Meisner said this is not an ordinance looking at homelessness--it looks at vehicle camping. He said the proposal calls for facilitation, not enforcement, and confirmed that the latter would be the responsibility of the City's Police Department. Mayor Torrey reiterated that campers will not be allowed on the street effective September 30 and the facilitator would refer them to the options, which are finite. The cost of the program will be for public safety personnel who will be asked to remove campers from the streets. He asked that police inform people who are visibly on the street on September 1 that effective October 1, they will not be able to continue being there. Mr. Meisner asked that public safety staff familiarize themselves with additional resources and tools in order to effect enforcement. MINUTES--Eugene City Council July 29, 1998 Page 6 11:30 a.m. Mayor Torrey said there should be some type of radius coverage specified in the proposal, along with a time period. He noted a public hearing scheduled for August 3, 1998 and said he hoped for support and ideas for solutions from the public at the hearing. Mr. Fart moved, seconded by Mr. Tollenaar, to accept the recommendations of the Council Committee on Homelessness and Youth, and to schedule a public hearing. In response to a question from Mayor Torrey, Mr. Fart said his suggestions could be discussed in context with the public comments. The motion passed unanimously, 8:0. D. Work Session: Airport Service Issues and Related Management Fund The item was postponed due to time constraints. E. Work Session and Action: Recreation Add Back (FY99) Budget Discussion The item was postponed due to time constraints. MINUTES--Eugene City Council July 29, 1998 Page 7 11:30 a.m. III. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER. A. PAL Contingency Fund Request Mr. Fart asked for the council's consent to bring back a contingency request from the Police Activity League (PAL) program for $5,000. The item was scheduled for August 5. B. Teen Court Ms. Nathanson asked staff to provide analysis for expansion of the Teen Court program. C. Honey Suckle Lane Ms. Swanson Gribskov asked Mr. Johnson to prepare the issue for council discussion. D. Taxi War Ms. Swanson Gribskov asked for an information memorandum on the "taxicab war" going on at the airport. Ms. Taylor said the council should urge the Lane Transit District to provide transportation to the airport. The meeting adjourned at 1:35 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tem (Recorded by Yolanda Paule) MINUTES--Eugene City Council July 29, 1998 Page 8 11:30 a.m.