Loading...
HomeMy WebLinkAboutCC Minutes - 08/05/98 Work Session MINUTES Eugene City Council McNutt Room--City Hall August 5, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Betty Taylor, Ken Tollenaar. COUNCILORS ABSENT: Laurie Swanson Gribskov. I. CALL TO ORDER The adjourned August 3, 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. Work Session/Action: Authorization of City Manager to Enter into Project Cooperation Agreement with the Army Corps of Engineers (ACOE) for the Lower Amazon Creek Environmental Restoration (Section 1135) Project Les Lyle, Public Works, provided the report, introducing Matt Rea of the US Army Corps of Engineers. He reviewed the agenda material and indicated that the City was at a critical stage and needed to enter into a project cooperative agreement with the ACOE. He noted that normally the agreement would be executed by the City Manager but there were two components that required council action: 1) commitment to condemnation, should it become necessary; and 2) address the lack of a "cost cap" clause for the City. He explained that the ACOE's responsibility is capped at $5 million but there is no such protection for the City's portion and staff has no authority to enter into such an agreement so concurrence from the council is needed. In response a question from Mr. Meisner, Mr. Lyle said contract oversight and supervision will be provided by the ACOE. Mr. Meisner expressed concern that subcontractors, under this sort of arrangement, often seem not to be as concerned about cost overruns and delays and hoped there was some recourse for the City. Mr. Lyle said staff would work closely with the ACOE to ensure that was not the case and the project would be completed in a timely manner. Addressing a question from Mr. Farr, Mr. Lyle said the project in question was 398 acres total and there were four remaining properties yet to acquire. He explained that those remaining owners are well aware of the process and are reviewing appraisals for property values with staff. Mr. Lee asked for an explanation of the last paragraph in Section V(A) of the item summary. City Attorney Glenn Klein explained that the issue was the authority question; one City Council cannot bind a future City Council to a legislative action, but it can bind itself. He said that is why a request for condemnation authority (if needed) is to come back in the fall to ensure that staff is MINUTES--Eugene City Council August 5, 1998 Page 1 11:30 a.m. dealing with the same council. If the council did not approve the condemnation ordinance and if it was necessary, the ACC)E, theoretically, would have a claim against the City for breach of contract. Addressing a follow-up question, Mr. Klein said the agreement binds the City to pay whatever the additional costs are; but in the event that the cost estimates are inaccurate, staff from the ACC)E and the City have discussed restructuring the project to get back to the budgeted amounts. But in the end, he said, if the ACC)E did not agree with a reduced scope, the City would be obliged to pay whatever the amount was. Mr. Lyle added that historically there have been no problems with these types of agreements and the ACC)E has outlined the good faith "practices" that would be used should there be areas of disagreement. Mr. Lee expressed support for the plan, saying it met established goals and was best for the larger community. Ms. Nathanson said the council has considered acquisitions such as this previously and their worth, reiterating that condemnation is a last resort. She said she has heard no objections to the proposal so she was confident that all the property owners understand that the project must go forward. She agreed that the timing was critical and said she supported the project. Mr. Tollenaar noted that this is a local project and there has been excellent cooperation from the federal government and the City should accept the good faith efforts made by those agencies. Mayor Torrey pointed out that in the discussion of parks and open space numerous people wished for available land to be used as buffer space around the City's periphery and this project will provide such a buffer. Mr. Meisner recalled his experience with condemnation when his home was acquired to attach to a City park some 15 years ago and agreed with Ms. Nathanson that it should be used only as a last resort. He reminded the council that takings of this nature cannot be done without "just compensation." Mr. Fart ascertained that with this project the foundation for the Amazon bike path will be tied to Roosevelt Boulevard and Terry Street, ultimately tying into Greenhill Road and Royal Avenue as well. Mr. Lyle added that local funding will be needed to carry the path all the way to Royal Avenue and the path will be a separate project. Mr. Fart moved, seconded by Mr. Tollenaar, to authorize the City Manager to approve the Project Cooperation Agreement, and to direct the City Manager to return to the council before the end of this year with a condemnation resolution in the event that voluntary negotiations to acquire the necessary properties are not successful. The motion passed unanimously, 7:0. Mayor Torrey asked Mr. Rea to relay the City's appreciation for the federal support for the project. B. Work Session and Action: Recreation Add Back (FY99 Budget Discussion) (Postponed from July 29, 1998) Linda Phelps, Library, Recreation and Cultural Services Department, provided the report, recalling that the council had asked staff to explore budget add-backs to senior and youth programs. She reviewed Option A, Volunteer Resource Link and Option B, Partial Restoration of Funds for Recreation Services, and noted that Option A would generate up to $200,000 in matching resources. MINUTES--Eugene City Council August 5, 1998 Page 2 11:30 a.m. Ms. Taylor ascertained that if services were fully restored there would there be less need for volunteers. Ms. Phelps said volunteers had always been used in delivering services but there currently was no staff available to coordinate the activity to the optimum degree, adding that using volunteers was an important way to build community. Ms. Taylor agreed that these types of activities were community-building and more likely to instill citizenship. She said the program should be added to previous services, not substituted for them. Mr. Tollenaar said that substituting volunteers for staff was generally a good idea but their effective use placed a demand on front line employees. He expressed concern about the proclivity to bring in more coordinators and middle managers when the responsibility really fell on front line workers. He said he would be more comfortable with the proposal if it called for only one coordinator and more direct line staff to compensate for the added burden. Ms. Phelps explained that direct services delivery is mostly done by temporary, part time people supervised by middle managers/program supervisors who also deal with the demanding paperwork that goes along with managing volunteers. Ms. Nathanson said the proposal seemed like a redesign of the original concept. She noted that Option B-2 identified youth needing the services and plans activities for them, and a second component expanded services. Ms. Nathanson said she assumed that program staff will invent programs instead of just matching kids to services. Ms. Phelps said the council approved a half- time special events coordinator to help support the program, noting that the idea was that the position would work closely with the volunteer program. Ms. Nathanson noted that the end result would be more activities being available for people. She wondered if contractual oversight could not be handled by the central administrative function. City Manager Jim Johnson said the Administrative Services Department had the capability for doing the legal minimum, but the proposal provided an opportunity for doing a better job of that. Mr. Farr expressed support for the program and thanked Ms. Nathanson for her contribution to the proposal. Mr. Lee said he believed in intergenerational partnership and it could be applied in many areas. He said would raise the issue of more support for the Campbell Senior Center at another time. Ms. Taylor said the council should approve both Option A and B, at minimum, and funding should be explored through savings for legal services, or in the airport or administrative services funds. Ms. Taylor moved to adopt both Options A and B using contingency funds if money cannot be found elsewhere. The motion died for a lack of a second. Mr. Meisner said he could not support use of the contingency fund (one-time funds) for funding ongoing programs. Mr. Lee added his support for restoring services but said he preferred to address that issue in a more comprehensive way through the regular budget process. In response to a question from Mr. Laue, Mr. Johnson said there have been a series of add- backs totaling approximately $150,000. Mayor Torrey asked to have a report in six months or a year on how the money used, along with an assessment of the programs. MINUTES--Eugene City Council August 5, 1998 Page 3 11:30 a.m. Addressing a question from Mr. Farr, Mr. Johnson said the balance in the Measure 47/50 Reserve Fund is about a $500,000. Mr. Farr moved, seconded by Mr. Tollenaar, to approve the Volunteer Resource Link program proposal totaling $89,000 as described in Attachment A. The motion passed unanimously, 7:0. Mr. Farr moved, seconded by Mr. Laue, to approve Option B-2, $62,941 and 1.0 FTE for Targeted Outreach and Preventive Services for Youth. Mr. Tollenaar expressed concern with duplication of services and asked how this program compared to those offered by Looking Glass. Ms. Phelps said the City worked closely with the agency and added the program as a complement to its offerings. Ms. Taylor moved, seconded by Mr. Lee, to amend the motion by adding Option B-3, $29,778 and .5 FTE, to create an "Arts Magnet Center" at Amazon. Mr. Farr opposed the amendment because it targeted a narrow group and did not address the needs of the entire community. Ms. Nathanson wondered if there were a way that the concept could be beneficial citywide. She explained that the City seemed to emphasize sports and athletics and some youth were interested in other things. She said she hoped there were a way to address Mr. Farr's concern about this program. Ms. Phelps noted that the Arts Magnet Center at Amazon would serve kids from across the community, with transportation in the planning stages to move kids in from the entire community. Mr. Johnson asked the council to keep in mind the six-year financial forecast as it considers add- backs, adding that the out years of the forecast do not look favorable. Mr. Tollenaar agreed and said for that reason he must oppose the amendment as irresponsible. Mr. Farr ascertained that the City would be spending money on that program with or without the amendment. Mr. Johnson said the City was currently working with Maude Kerns and other nonprofits to run arts-related programs at Amazon Center, primarily because the center was originally designed as an arts center. Ms. Taylor said she continued to hope that the council will find another tax revenue source to support services. Mayor Torrey reminded the council that services were open to all youth, not just at-risk youth. He cautioned the council about moving too quickly and said he favored having the issue come back when other than one-time funding has been identified, and with the understanding that it would compete with other demands on the general budget during the regular budget process. MINUTES--Eugene City Council August 5, 1998 Page 4 11:30 a.m. Mr. Meisner said he agreed with Ms. Nathanson that kids need more options, but at the same time did not want to support the program for just one year. He supported the idea of having it brought back before the council in the fall. Ms. Nathanson said she also agreed it should be raised again in the fall, adding that she was concerned the council, once it started adding back services beyond those previously identified, was violating its own commitment to working through the Budget Committee and the budget process. In response to a question from Mr. Laue, Administrative Services Director Warren Wong said the Assessor's Office report was due by September 15 and staff was in the process of updating the six-year financial forecast. He added that the City has also just been notified that its contribution to PERS would be increased by one or two percent. Mr. Wong said the staff report would be completed by the end of September. Mr. Taylor said all recreation programs were important. Mr. Meisner clarified that there would be a program, regardless of the vote. The motion to amend failed, 2:5; Ms. Taylor and Mr. Laue voting in favor. Ms. Nathanson clarified that funding for the main motion was one-time funds from the Measure 47 Reserves (formally the Transition Fund) and expressed concern with spending it for something other than what it was intended for. Mr. Tollenaar reminded the council of its decision to set aside the $700,000 in anticipation of the budget "crunch" in two years. Mr. Meisner asked for a status report on the Transition Reserve Fund. Mayor Torrey added his request for an accounting of everything that has been supported by the fund. Mr. Meisner said he would support the motion, although he is concerned about the source of funds and the City's ability to continue to fund the program. Citing the barrage of requests for youth programs, he asked for a report on how these programs related to each other. Mr. Johnson said staff would include information on pertinent Public Safety Coordinating Council activities. Mayor Torrey said he was supportive of the program but believed it was premature. He explained that the Homelessness and Youth Committee has identified a problem with Oregon law-- apparently, non-resident runaways can be "picked up" by law enforcement officers but not Oregon resident runaways. He said a subcommittee was working to identify a way to amend or interpret State law, allowing for picking up all runaways and placing them in a safe and secure facility. Mayor Torrey asked the council to postpone action on the motion until it is clear how the law change will work. He noted that the Rotary Club has expressed interest in providing a facility, with support for operating costs yet to be identified. Mr. Lee said he served on the committee addressing the issue, but the problem is that it has to go before the legislature, and it could take years for a resolution. He added that the council will likely have to review all programs after the November election anyway. MINUTES--Eugene City Council August 5, 1998 Page 5 11:30 a.m. Having reserved judgement until the council had spoken, Mr. Farr agreed that the program should be reconsidered in the fall and he withdrew his motion. The second concurred and the motion was withdrawn. C. Action: Council Committee on Homelessness and Youth Richie Weinman, Planning and Development Department, provided the report and noted the revised ordinance before the council was based on its previous discussion. He reviewed the changes, noting it reduced finds for basic violations but increased the finds for willful violations (repeated violations). He warned the council that the changes increased the risk of confrontations with the Police. Mr. Weinman asked the council to approve a contingency request for $60,000 in conjunction with the ordinance. The request would pay for a facilitator to manage the City-identified camping spaces, respond to complaints, document incidents, and recruit others to participate in the program. Mr. Farr expressed support for the amended ordinance, adding it would most help families striving to improve their situation. In response to a question from Ms. Nathanson, Mr. Weinman said it was understood that the facilitator would also make service referrals. He added that portable toilets would be placed near the City sites. Addressing a follow-up question, Mr. Weinman said some community agencies manage renter rehabilitation programs that provide limited amounts of money for repairing credit ratings and loaning move-in amounts to homeless families. Ms. Nathanson said a citizen suggested that the money would be better spent helping individuals find jobs. Mr. Meisner said he supported the ordinance in general, but expressed concerned that none of the proposals were permanent solutions. He said public input suggested that this was the best solution the public was willing to support. He expressed concern about the facilitator's ability to accomplish all the tasks identified. He recalled that the prior ordinance permitted overnight camping on private property and prohibited charging a fee, and wondered if it would it be reasonable to allow businesses to charge a minimal per diem fee. Mr. Weinman said the committee discussed the idea but decided it was best to avoid a tenant/landlord law situation. Mr. Meisner noted that in approving this, the council was, in effect, changing densities without any public process. He emphasized that this was only temporary. Ms. Taylor agreed that this should only be a temporary solution. She expressed concerns about attracting people from outside the area and forcing people out after the term ends. Mr. Taylor said she could only support Part A. Mr. Lee said the reason someone would not leave a location was because they have no place to go. He urged the council to find a way to incorporate the homeless population into society. He said the proposal was far more realistic than saying there is no vehicle camping in Eugene. Mr. Lee said "we cannot deny the existence of homelessness." He supported the proposal as an acceptable compromise. Mayor Torrey said this was a high-profile issue in the community that brings a potential problem for the City's police force. He urged council to vote for the facilitator to help support police, adding that if nothing can be done before October 1, the facilitator should be hired by September 1 to contact and inform homeless campers of the impending change. MINUTES--Eugene City Council August 5, 1998 Page 6 11:30 a.m. Mr. Fart said there is insufficient time to implement the ordinance before the current one expires so he supports the extension. He noted that the City will be working with both Lane County and the City of Springfield to provide the same types of solutions. Ms. Nathanson acknowledged that this does not address the fundamental issue of "criminalization of not having a home other than on the street." She said it was important to acknowledge that Eugene cannot solve this problem on its own but the ordinance goes a step further in getting out of the way of people helping people. She described the proposal as a reasonable approach and compromise that did not "turn our backs on people," noting that it, in fact, added more help from a year ago. Ms. Nathanson said renters get a 30-day notice so she would later move to amend Section 4, extending the current ordinance to September 5. Mr. Johnson asked the council to consider Council Bill 4662--A council bill relating to authorizing overnight sleeping in specified areas; adding Section 4.816 to the Eugene Code, 1971; amending Section 4.990 of that Code; repealing Ordinance No. 20124; and declaring an emergency. 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. Ms. Nathanson moved, seconded by Ms. Taylor, to amend Section 4.990 of the new ordinance by changing the date from September 30 to October 5. Mr. Johnson said it was physically impossible to give 30-day notice. Mr. Weinman said it may be impossible to hire a facilitator in the next 30 days. Mr. Meisner confirmed that the council was voting on the ordinance distributed that day, not the one in the packet. Ms. Taylor confirmed that if the proposed ordinance was not approved that day, the current ordinance would expire on August 30 so people were already prepared for that and in a sense had already received notice. The motion to amend failed, 4:3; with councilors Laue Lee, and Tollenaar opposed. The main motion on the first reading passed unanimously, 7:0 Mr. Johnson asked the council to consider Council Bill 4662 by council bill number only. Mr. Fart moved, seconded by Mr. Tollenaar, that the bill be approved and given final passage. Roll call vote. Mr. Lee noted that even with this motion, Eugene has the harshest law in the County so when people insist the City attracts outsiders, it is a perception problem. He reiterated that the proposal allows the community to help itself and the government should not get in the way of that. Ms. Taylor said the council was trying to "solve the problem for the whole area "so she could not support the motion. MINUTES--Eugene City Council August 5, 1998 Page 7 11:30 a.m. Ms. Nathanson summarized the discussion by saying the council had been allowing vehicle camping in the industrial areas and this ends that, but the part of the ordinance that was working is being changed to expand camping sites and enhance services. The motion to adopt Council Bill 4662 passed, 6:1, with Ms. Taylor opposed, and became Ordinance 20130. Mr. Farr moved, seconded by Mr. Tollenaar, to allocate $60,000 from contin- gency fund to facilitate homeless camping alternatives. The motion passed unanimously, 7:0. D. Contingency Requests Mr. Fart moved, seconded by Mr. Tollenaar, to approve the use of contingency funds for the following: 1) $35,972 to offset the Systems Development Charges (SDCs) for the 30,000-square-foot Food for Lane County warehouse at the Bailey Hill Road site; 2) $3,770 for police services for the 1998 Fiesta Latina; 3) $15,000 to support the Court School for the 1998/1999 school year; and 4) $5,000 for the Police Activity League (PAL). Mr. Meisner asked to pull requests 1 and 2. Ms. Taylor questioned approving the requests when the council refused to spend approximately $30,000 for the Magnet Arts program for kids. In response to a question from Mr. Meisner, Mary Walston, Office of the City Manager, said it is her understanding that contingency funds are usually used for special projects, not ongoing programs. Mr. Meisner noted that the Court School was an ongoing program. With respect to the PAL request, he reiterated his concern that he has no information on how this program relates to other youth programs. Finally, Mr. Meisner asked for a council work session on use of the Contingency Fund. Mr. Tollenaar noted that Court School was included in the public safety levy and the request was for one time funding--to cover the gap between the current school year and the time the levy goes into effect. The motion to approve requests 3 and 4 passed unanimously, 7:0. Mr. Fart left the meeting. Mr. Laue declared a potential conflict of interest as one of the firms he works with is involved in the building the new Food for Lane County facility. Mr. Tollenaar moved, seconded by Mr. Laue, to approve the use of $35,972 to offset the Systems Development Charges (SDCs) for the 30,000-square-foot Food for Lane County warehouse at the Bailey Hill Road site. MINUTES--Eugene City Council August 5, 1998 Page 8 11:30 a.m. Mr. Meisner reiterated his concerns, emphasizing that he appreciates the program and noting that the program receives money from the Intergovernmental Human Services Committee to which the City contributes. He said he would support a lessor amount. Mr. Johnson noted that Food for Lane County has asked the County for $17,311 for street assessments. Ms. Nathanson said the facility was moving from Mr. Meisner's ward to hers and while she supports the agency, which serves all citizens in Lane County, she was inclined to approve a portion--that not related to transportation. Mr. Laue said the request was high for a contingency request and the fund has evolved into something more than it was intended for. As an alternative, he suggested paying the portion used to serve Eugene citizens (about 60 percent). Mr. Laue moved, seconded by Mr. Lee, to amend the motion by approving the request "up to" $35,972; and asking Lane County and Springfield to contribute their portion. Ms. Nathanson left the meeting. Mr. Laue noted that there was no urgency in approving the request and he withdrew his motion. The second concurred and the motion was withdrawn. Mr. Laue moved, seconded by Mr. Lee, to table the request to September 1998. The motion passed unanimously, 5:0. Mr. Meisner moved, seconded by Mr. Lee, to table the request for contingency funds for the 1998 Fiesta Latina to September 1998. The motion passed unanimously, 5:0. iii. ITEMS FROM THE MAYOR, CITY COUNCIL, AND CITY MANAGER A. Contingency Fund Request Mr. Tollenaar requested council consensus to present a funding request from the Willamette Valley Livability Council to help finance a public opinion survey. The council concurred. B. School District 4J Request Mayor Torrey said the school district has asked the City for assistance in locating a site for its football field, which may include a funding request. The meeting adjourned at 1:45 p.m. Respectfully submitted, MINUTES--Eugene City Council August 5, 1998 Page 9 11:30 a.m. James R. Johnson City Manager (Recorded by Yolanda Paule) MINUTES--Eugene City Council August 5, 1998 Page 10 11:30 a.m.