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HomeMy WebLinkAboutCC Minutes - 11/18/98 Work Session MINUTES Eugene City Council McNutt Room--City Hall November 18, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Ken Tollenaar. COUNCILORS ABSENT: Betty Taylor. I. CALL TO ORDER The adjourned November 9, 1998, Eugene City Council meeting was called to order at 11:30 a.m.; His Honor Mayor James D. Torrey presiding. II. APPROVAL OF MINUTES Mr. Farr moved, seconded by Mr. Tollenaar, to approve the City Council Minutes of the October 12, 1998, Dinner Work Session. Mr. Meisner asked that the following corrections to the minutes be made: 1) the second sentence in the first full paragraph on page 3 should read "He noted his own foreign background and said he appreciated the opportunities created by the program for more understanding and openness."; 2) substitute the word "beyond" for the word "between" in the first sentence of paragraph 2 on page 3. The minutes were approved unanimously, as corrected, 7:0. Mayor Torrey called attention to the timely minutes approval process and said it was very helpful. ITEMS FROM MAYOR, CITY COUNCIL AND CITY MANAGER A. Public Library Community Workshops Mr. Meisner announced two public library community workshops today, at 4 and 7 p.m., with the Library Advisory Committee and the architectural team, at the Eugene Public Library. Minutes--Eugene City Council November 18, 1998 Page 1 11:30 a.m. B. Garden Way Street Improvement Ms. Swanson Gribskov asked staff to keep her and Councilor-elect David Kelley apprized of the outcome of the ongoing hearing process, which will be followed by a council decision in December. C. Public Safety Coordinating Council (PSCC) Ms. Swanson Gribskov reported on a November 16 meeting of the policy group of the Public Safety Coordinating Council and noted that Mr. Tollenaar articulated the council's debriefing session on the election results. The group's discussion included the possibility of conducting follow-up election polls and establishing a subcommittee to address alternative resources and time lines. Addressing a question from Mr. Meisner, City Manager Jim Johnson said the vote recount on Ballot Measure 20-06 would be done around November 20. D. Hurricane Mitch Victims Assistance Drive Mr. Farr brought to the public's attention staff's assistance effort for the victims of Hurricane Mitch, saying that about five truckloads of food, clothing, and other essential items were collected and forwarded. He noted that the drive was initiated by the City's Human Rights staff and well- received by all City departments. E. State Street Park Mayor Torrey expressed appreciation for staff who participated in a walk-through of the State Street Park in the Bethel area for ideas on improvements for reopening the park F. Springfield Youth Violence Forum Mayor Torrey reported on the November 17 City of Springfield Youth Violence forum co- sponsored by the City of Eugene, noting that all the questions posed following the Thurston High School shooting incident were addressed by the entire group. He said the suggestions included a "turnaround center" and early prevention elements. IV. WORK SESSION: ORDINANCE TO CREATE A POLICE COMMISSION Acting Police Chief Jim Hill provided the staff report, noting that the proposed commission would have a much broader charge than the External Review Advisory Committee (ERAC) turned down by voters recently. He said his vision was to convene a policy group with strong links to the council to deal with a wide range of policy issues. Chief Hill indicated that the recommendation Minutes--Eugene City Council November 18, 1998 Page 2 11:30 a.m. did not require an amendment to the City Charter and asked the council to support the draft ordinance and hold a public hearing. He said the proposal had been reviewed by he Human Rights Commission (HRC), the Police Forum, and the Council Committee on Public Safety (CCPS), incorporating their input and addressing their concerns, particularly the issue of overlap in responsibility with the Police Forum. He added that the forum was in hiatus at this time and its fate should be left to the permanent police chief. Ms. Swanson Gribskov expressed support for the proposal, saying it offered a broader opportunity for citizens to be involved early in processes affecting their community. She said the next council will need to address major public safety issues and the proposed group may be of great help, including assisting in future public safety levy measures. Ms. Nathanson said she was concerned about the public perception of the council discussion at this time, in light of the recent election. She predicted much public confusion and misunderstanding about the proposal leading to criticism of the council for failing to solicit reports from staff or another group on external review and/or policy. To some citizens, she said, the message will be: "the council is really doing external review although it lost in the election"; others "will be enormously insulted that their 'no' vote didn't actually mean no." Mr. Meisner said the potential for confusion should not preclude the possible creation of the commission. He expressed support for the proposal but suggested that representation from the HRC be broadened to include "a representative recommended by the HRC, e.g. a member of the Human Rights Support System." Mr. Meisner said calls he has received from the community recognize that the council "is looking at the issue of external review with respect for the fact that it was defeated but at the same time a very conscious acknowledgment that almost half of the community found this an important issue." Mr. Laue expressed support for the proposal and said he did not share the concern about public confusion. He said that given the proposal's support from the Police Department, the City Manager, and many in the community, the council should move forward with it. Public confusion and concerns can be addressed in the public hearing, he added. Mr. Tollenaar agreed with Mr. Laue, saying the election result seemed to "toss the ball right back into the council's court." Mr. Lee noted that the Police Department was one of the city's major budget items and from a management and policy standpoint, very complex. The commission, he said, would enhance efficiency by allowing staff to concentrate on one policy group. He urged the council to move forward with a public hearing. Mr. Farr said it was up to the council to make it clear to the public what its intention was in moving forward with the ordinance. Had this group been in existence when the June 1, 1997, incident happened, he concluded, it would have addressed the policy issues raised and avoided much of the controversy after the event. Minutes--Eugene City Council November 18, 1998 Page 3 11:30 a.m. Ms. Swanson Gribskov pointed out that the Police Forum was a departmental group and it was up to the department head to decide whether to continue it. Ms. Nathanson said that as long as two or three years ago, she expressed great interest in the issue of policy level review, which the proposal speaks to. When the ERAC was appointed, she continued, she was interested in hearing what the options were for external review. The proposal presented to voters was just one of the ways to do external review, she said, and when there is a subsequent discussion, she hoped it would include the concept of external review. Ms. Nathanson made the following suggestions on the ordinance: 1) the commission membership representing the HRC be "a member from the HRC or one of its permanent subcommittees"; 2) eliminate "one member from the citizen review board" (Mr. Johnson noted a clarification on the second page. Ms. Swanson Gribskov suggested simply adding the phrase "if in existence"); 3) listing sequentially items 1 and 5 under "Powers and Duties" as they are very similar; and, 4) clarify what is meant by "reviewing revenue measures" in 2 under Powers and Duties. She added that she had previously recommended that the citizen members of the Budget Committee do that type of oversight on a rotating schedule. Mr. Johnson pointed out that budget review is usually done by the Budget Committee or a subcommittee. Mayor Torrey said he was opposed to have a revenue strategy developed by the same group identifying needs. Mr. Meisner expressed the same concern. Mr. Johnson noted that item 3 under Powers and Duties gave the council the authority to assign to the commission whatever it wants so it was possible to have the group work on revenue measures or alternative strategies. Ms. Swanson Gribskov suggested rephrasing item 2 to read: "Provide input on service and resource needs for community safety." Mr. Tollenaar reminded the council that the public hearing would generate public input to consider and address in the final ordinance and he was inclined to listen carefully to public input before deciding. Responding to the suggestion that the issue of the Police Forum versus a Police Commission be left to the new permanent chief, Mr. Tollenaar said it was a difficult first step for the new leader and the council should address the issue at the same time it finalized the question of the commission. He expressed concern that the Police Department would end up with too many groups to staff. Mr. Laue cautioned the council against making decisions about departmental committees. Regarding revenue issues, he said he did not believe the intent was to have the commission develop measures but rather review them. He supported moving forward with the public hearing. Minutes--Eugene City Council November 18, 1998 Page 4 11:30 a.m. City Attorney Glenn Klein reviewed the changes generated by the discussion: on page 1, change "one member from the HRC" by adding "or a subcommittee" change the following line by adding "if in existence" following "citizen review board member" on page 3, under (4)(a), change 1 to read: "Review and make recommendations on police policies..." change 2 to read: "Provide input on service and resource needs for the community safety," and eliminate 5. Mr. Johnson expressed concern about delegating from the HRC to another group, saying that having an actual voting member of the HRC carried with it more status. Several councilors and the Mayor agreed. Mr. Meisner said his intention was to include on the commission someone who was more actively involved in these issues, i.e., the Human Rights Support System. Mayor Torrey asked to have Mr. Lee ask the HRC for comment at the public hearing before changing the draft ordinance. Mr. Lee noted that at its November 17 meeting, the HRC voted to adopt the present language. V. WORK SESSION: AIRPORT SERVICES ISSUES Airport Manager Mike Boggs introduced members of the Airport Advisory Committee and the Eugene Air Service Committee in the audience. He provided an overview of airport services and discussed a Federal Aviation Administration (FAA) guideline for use of airport revenues "that says that money generated at an airport can only be used for certain things," limiting it for air service development efforts other than marketing efforts. Mr. Boggs said the funding strategy adopted by the airport over the last five years has been to increase reserves as much as possible because the industry has been very volatile. He explained that much of the revenue is based on passenger traffic. He indicated that the one-time transfer of the $1.13 million was the only time money could be moved from airport reserves that would have 100 percent flexibility of how it could be spent, and asked the council not to make changes in the status of airport funds. In response to a question from Mr. Tollenarr, Mr. Boggs clarified that airport money could be used for any airport-related purpose including airline marketing but it could not be used as a direct subsidy to an airline. Public Works Director Chris Andersen explained that the airport was strictly limited to using these funds for marketing approach to bring airlines to the airport. She said that anytime the airport has entered into an agreement to bring an airline in to serve out of the Eugene Airport, the airport has more than recovered those marketing dollars spent. Minutes--Eugene City Council November 18, 1998 Page 5 11:30 a.m. Ms. Swanson Gribskov said there were two issues: How do you recruit an airline for Eugene" and "How do we deal with one-time funds?" She wondered if the airport's need was more important than any other General Fund need. Addressing a question from Mayor Torrey, Ms. Andersen clarified that the airport reserve fund under discussion could be used for whatever purpose the council wished. Airport investments have been prudent and appropriate, Ms. Swanson Gribskov said, but the question is how much an appropriate reserve should be. Mr. Tollenaar asked for clarification on how this was General Fund money since it is not property tax revenue. He said it was his understanding that the money had been generated from airport services and it was only available now because of the FAA ruling that an amount equal to what the airport had received from the City's General Fund during a specific fiscal period could now be used for General Fund purposes. Ms. Andersen confirmed that the airport reserve fund, although generated by the airport, may be handled like any other reserve fund. Addressing a question from Mr. Farr, Mr. Boggs said the money was generated from airport parking, concessions, restaurants, rental car operations, and similar activities. Ms. Anderson addressed a follow-up question by clarifying that this was the only time that money could be transferred without "strings." Mr. Farr said he supported the staff recommendation, comparing it to spending money on advertising. Mr. Meisner pointed out that in the examples used, a marketing effort alone had returned many fold what had been invested and wondered where the "profit" had gone. He asked what else, specifically, the airport wished to do. Ms. Andersen said the airport was seeking to establish a reserve fund for a variety of reasons; it was not intended to be a set aside for strictly a recruitment effort but included such things as the Capital Improvement Project (CIP) and was a means to address the volatility of FAA regulations, which at any time could implement changes, e.g., eliminating revenue sources such as the passenger facility charge (PFC). She emphasized that the point was not to make money but rather to provide air service to the community. Mr. Meisner asked for more detailed budget numbers. Mayor Torrey indicated that Councilor Taylor has asked that the council not vote on the issue in her absence. He suggested that Mr. Meisner submit staff questions in writing, with responses distributed to the entire council. Ms. Nathanson said what was needed was more of an overview. She said that because the airport is self-sustaining the City needed to ensure that there was a reserve sufficient to pay for ongoing operations as well as addressing its capital needs as they arise. She pointed out that many of the City's assets are in dire condition because it fails to maintain an adequate reserve fund for those capital needs. Ms. Nathanson said the reserve should be sufficient to avoid a huge drain on the Minutes--Eugene City Council November 18, 1998 Page 6 11:30 a.m. City General Fund due to a major capital improvement for the airport in future years. With regard to spending money on marketing, Ms. Nathanson said two things mitigated her concern: 1) although money was spent on airlines that did not stay, there was a net gain; and 2) while those airlines were here, they provided competition for the major airline and held ticket prices down and increased flights. She concluded that based on the what she has learned and pending further analysis, it appeared the reserve fund was needed. Mr. Laue said the discussion, in fact, was about setting up a management sub fund that could be spent at the airport's discretion--something he did not oppose and left to the airport management and its advisory committee. He questioned that the $1.13 million management sub fund was enough to have any influence on air traffic in the region, adding that that would be determined by the growth in the community, the way it evolved, and the competitive advantages or comparative disadvantages regionally. Mr. Johnson said he supported the proposal because it is consistent with how the council and City has historically used reserve funds and there is no history of the council "raiding" reserves. He said the council was justified in treating reserves for the airport and Hult Center differently, describing them an entrepreneurial activities. He discouraged the council from raiding those reserves. Mr. Lee said what the airport was in fact asking for a "flex money" to compete. He asked the airport to reduce ticket prices for students, reminding the council that students infuse much money into the local economy. Ms. Swanson Gribskov said she was ready to support the staff recommendation, noting that the City Manager's comments were important to the discussion. Mr. Tollenaar said he also was ready to support staff's recommendation with one qualification: marketing the airport and air service and the community as distinguished from making cash payments to airlines. He asked that if the airport management were considering cash payments to any airline, it come before the council for approval. Ms. Andersen suggested it would be more effective to schedule a subsequent work session to discuss strategies the airport might consider for airline recruitment in general. She indicated that non-general fund six-year forecasts were due after the first of the year and that seemed an appropriate time to report back on this item. Mr. Johnson quoted from the briefing statement: "Authorization to expend these funds would be subject to the normal budget process." Mr. Meisner reiterated his request for more detailed figures. The bigger issue, he said, is to look at things the City does in isolation. He pointed out that the council's goals and service priorities do not include the airport and the capital needs of the airport should be weighed against all the Minutes--Eugene City Council November 18, 1998 Page 7 11:30 a.m. other capital needs of the City. Mr. Meisner said it was important to him that the council do things on a policy, goal, and service priority basis. Mr. Johnson highlighted the need for a council philosophical discussion about the budget policies. Mayor Torrey indicated support for the staff recommendation, saying that it is important to hold professional management staff accountable for their decisions but he refuses to micromanage their processes. Using the stormwater fund and potential Environmental Protection Agency regulations as an example, he agreed that it would be risky to take money out of reserves for General Fund needs. Mayor Torrey emphasized the airport's importance to small businesses. He said the council vote on this item was scheduled for November 23, 1998. Ms. Andersen ascertained that the only written response requested was clarification on the fund and the net revenues associated with marketing and air service. The meeting adjourned at 1:20 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Yolanda Paule) Minutes--Eugene City Council November 18, 1998 Page 8 11:30 a.m.