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HomeMy WebLinkAboutCC Minutes - 08/08/05 Mtg M I N U T E S Eugene City Council Regular Session Council Chamber—City Hall August 8, 2005 7:30 p.m. COUNCILORS PRESENT: George Poling, Jennifer Solomon, Bonny Bettman, David Kelly, Gary Papé, Chris Pryor, Betty Taylor, Andrea Ortiz. Her Honor Mayor Kitty Piercy convened the meeting of the Eugene City Council. 1. PUBLIC FORUM Mayor Piercy welcomed everyone to the City Council meeting and reviewed the rules of the Public Forum. Gerry Gaydos , 440 East Broadway Street, Suite 302, spoke in support of the enterprise zone. He recognized that its merits had been amply debated. He felt this indicated that good people can disagree on the importance of many things, including tax incentives. He believed the enterprise zone to be important for both the business community and the community at-large as it would help increase the tax base and fund public services. He appreciated the risk Mayor Piercy took in looking for a compromise between the City and the County. He commended Hynix Semiconductor, Incorporated, and expressed appreciation to the County Commissioners for their efforts toward resolution. He said it was very important to provide adequate jobs for the community. He noted the time he recently spent with United Way looking at ways to do so and to improve the economy. He opined that the council’s support of the enterprise zone would be helpful in that regard. Mayor Piercy acknowledged that County Commissioner Faye Stewart was present. Zachary Vorhies , 1693 Mill Alley, suggested there be a parking fee waiver for people who drink and then choose not to drive. He related that, according to Mothers Against Drunk Driving (MADD), the State of Oregon recorded 512 traffic-related deaths in 2003, of which 40 percent were alcohol-related. He shared that he enjoyed his right to drink and that he made the responsible decision not to drive if he drank too much. He alleged that the City of Eugene aggressively ticketed cars and that his vehicle recently was impounded. He commented that $82 was a lot of money to a college student. He felt there should be a way of getting one’s fees dropped, such as showing receipts from a drinking establishment to demonstrate that a car was parked illegally because of a responsible choice not to drive after having imbibed too much alcohol. Sara Fay , 2033 Sixth Avenue, Seattle, Washington, spoke on behalf of the Pacific Housing Advisors. She thanked the City Council for its support of affordable housing and for its consideration of a property tax th exemption for the Redwood Park Apartments on the corner of 18 Avenue and Bertelsen Road. She said Redwood Park would be converted to 100 percent affordable housing after substantial renovations. She stated that the renovation would add 16 new units bringing the total of low-income units in that project to MINUTES—Eugene City Council August 8, 2005 Page 1 Regular Session 232. She indicated that the transaction was scheduled to close in September and asked that the council approve the property tax exemption. Zachary Vishanoff , Patterson Street, expressed hope that everyone would participate in a public forum regarding the proposed basketball arena to be built on the old Williams Bakery site. He asked if the council could correspond electronically and confirm a date on which to hold the forum or forums. He remarked that it seemed the burden to organize this lay on his shoulders. He suggested a staff person help him determine a date that would allow students to attend. He thought the “ground-truthing” that could happen would save the City from a “land use quagmire.” Mr. Vishanoff asked the council to Google search ‘Genetic Doping 2008 Olympics’ in order to see that the City had a “problem coming with the Olympics.” He encouraged the council to think about what would happen if the Olympic trials were held in Eugene in 2008. Mayor Piercy explained that the next three people had come to her most recent one-on-one meeting and she had invited them to speak at the Public Forum. Olga Grecova , 1743 Ferry Alley, spoke on behalf of the Slavic Home, a new non-profit organization in Eugene. She stated that the mission of the organization was to promote cultural diversity in the community through a variety of programs that were closely related to Eastern European cultures, life, and educational systems. She said courses would be offered in Slavic languages, Eastern European history, natural sciences, theater, art, music, and adaptation services for recent immigrants. She noted that some classes would be held for senior citizens as well. She hoped the organization would bring together people of different ages, including children, and broaden cultural awareness. She averred that the programs would give young people constructive activities in which to participate. She stated that Slavic Home was largely dependent on grants and donations and that anyone who wished to help was welcome. She felt the work of the Slavic Home would be impossible without City Council support. She added that the organization would focus on how to globalize business ideas and establish community organizations such as the Rotary Club in Eastern Europe. Irina Grigorian Best , 3808 Peppertree Drive, sought help and support for the establishment of social service programs at the Slavic Home. She wondered if the bullying of a local school boy of Eastern European descent could have been prevented if he had a place to go to talk about what was happening to him. She averred that the immigrant population from that area was growing and needed help with translation and learning to access services. She noted, as an example, that Head Start had information available only in English and Spanish. She hoped to be able to help people make a successful transition into the diverse community of Eugene. She said she would meet with parents and children and would be available to meet with them at their children’s schools to help with parent-teacher conferences, etc. She also intended to organize activities at the Slavic Home to keep children interested and occupied after school. She experienced first-hand how desperately a liaison was needed between social service providers and the Russian-speaking community. She shared that she had been volunteering her time but it had become more difficult given the growth in population. In order to develop the program, the appropriate building needed to be found. She stressed that everyone would be welcome in the Slavic Home and she hoped it would foster a greater understanding between cultures. Matvey A. Ivashov , 1956 Woodson Loop, explained that the Slavic Home was a new organization incorporated in April 2005. He underscored that the organization’s primary need was a location for its consulting office or center for the community and a place to develop the programs they had begun. He also MINUTES—Eugene City Council August 8, 2005 Page 2 Regular Session hoped for some help in applying for 501(c)(3) status. He asked that the Mayor and council support the Slavic Home and perhaps provide a reference. He also wondered if information was available on where to find contacts to private foundations and public support for an organization such as the Slavic Home. He observed that Eugene was diverse and many similar programs were already established, but none of them related to the Slavic culture. He noted that the City of Springfield had a large Ukrainian population and held a Ukrainian celebration. Members of the Slavic community in Eugene have held a Russian New Year celebration since 1996. He provided a folder of information to the City Council. Rusty Rexius , 86301 Panorama Road, Springfield, business address: 1275 Bailey Hill Road, Eugene, thanked Mayor Piercy for the compromise she reached with County commissioners in regard to the enterprise zone. He remarked that the definition of a compromise was an agreement in which people did not get exactly what they wanted. He thanked the City Council and Lane Board of County Commissioners for their work on the enterprise zone. He observed that no one got exactly what they wanted in the compromise. He recalled his work on the Mayor’s Committee on Economic Development and thanked the council for finishing what the committee started two years earlier in hopes that the council would leave its meeting with “something that is very beneficial, helpful, and ultimately good for the community.” Melody Spear , 1442 Pearl Street, explained that she and her husband owned a local chiropractic office called Body of Light. She announced an event they were holding called “Kids Day America,” which was happening all over the world on the same day and was being sponsored by chiropractic offices. She said the event was free to the community, though donations would be accepted to benefit the Literacy Partners Program sponsored by the Eugene Area Chamber of Commerce. She stated that Kids Day America was dedicated to health, safety, and environmental awareness. She related that the health aspect would be covered by her office, which would be conducting spinal screening and providing health information on topics such as nutrition and breastfeeding. She noted that the police or sheriff’s department would be present to fingerprint the children and create identification cards using photos taken at the event. Additionally, she said, a dentist would be present to start a record of the unique dental features of the children. She underscored that the event was free and would be held on September 17. She thanked the Mayor for signing a proclamation for Kids Day America. Paul Solomon , 2100 Tyler Street, Director of Men’s Services at the Sponsors program, explained that the program provided transitional services for ex-offenders for the past 32 years. He thanked the council for considering funding for the purchase of a quad in the West University Neighborhood through the Home Investment Partnership Program. He stated that the purchase would allow Sponsors to serve greater numbers of low-income ex-offenders in their bid to become more constructive, law-abiding members of the community. He called it an invaluable opportunity for the City, for Sponsors, and for the clients it serves. th Eugene Drix , 307-½ East 14 Avenue, introduced himself as a resident of the West University neighborhood. He said Charlotte Lennon named the neighborhood association the West University Neighbors. He thanked the council for the recent alley improvements it authorized. He commented that the alleys looked good and the names and dates of each alley were posted on a sign. He announced that the neighborhood was holding a “walk of names” on August 11, at which names of people who had a positive influence on the neighborhood would be on display. He suggested the council check his Web site at www.drix.org for more details. Rob Handy , 455-½ River Road, opined that the Bethel Pedestrian Path was an important project for an underserved segment of the community. He thanked the Public Works Department, the Department of MINUTES—Eugene City Council August 8, 2005 Page 3 Regular Session Environmental Quality (DEQ), and the consultants for Union-Pacific Railroad for their work on “getting some of the kinks out of this project” and moving it forward. Mr. Handy related that a recent River Road Community Organization meeting had a big turnout because of the potential for a Rasor Park Mixed-Use Center. He said residents were excited about what this could mean for the neighborhood and supported the recent application to the State for a Transportation Growth Management (TGM) grant. He averred that more protective infill standards were needed in order to protect the character and stability of neighborhoods. He thought neighborhood protection and higher density should be compatible goals. He conveyed his gratitude to the council for making the Neighborhood Initiative a priority. He suggested that one thing the City could do was to ensure the backload of street maintenance projects was prioritized, as well as create policies to fund and implement safe parks for families to gather. He recommended looking at Albany’s development ordinance, which encouraged developers to meet with neighborhoods before submittal of land use applications. Mr. Handy asked the council to look toward the Neighborhood Leadership Council (NLC) and what it could do to help with citizen involvement. In closing, Mr. Handy expressed discomfort with the stance the County commissioners took on the enterprise zone. He asserted that the commissioners undermined the intent of what the City Council sought to accomplish. He asked if “staff had missed the boat on this.” He wondered if the “publicly funded Metro partnership” was “involved in duplicity and the encouragement of contentiousness between the commissioners and council.” He thought the City of Eugene should look into an independent auditor for the City. Councilor Poling, seconded by Councilor Solomon, moved to extend the time by ten minutes. Roll call vote; the motion passed unanimously, 8:0. Randy Prince , PO Box 927, Eugene, reiterated his concerns regarding earthquake preparedness. He said a recent geologic discovery indicated that “giant” earthquakes did not happen randomly in this area, but rather happened at regular intervals. He averred that the “next one was due” and expressed concern that not enough was being done. He felt the government’s role was to get information out to people, site critical facilities such as hospitals in the right places, identify facilities needing retrofitting such as dams, and ensure the Emergency Management System was working correctly. He remarked that the big problem was fear. He asserted that the City should take on its fear by preparing accordingly. Ruth Duemler , 1745 Fircrest Drive, opposed the enterprise zone. She said the large amount of poverty in Lane County and the Eugene area became apparent when one read the United Way study. She asserted that citizens would be expected to pay for those services that some businesses in the enterprise zone would be relieved of paying for. She alleged that schools and human service providers would lose money. She recalled that Hynix had come to town needing “cheap” labor and abundant water and said it did not need tax breaks. She thought tax breaks were a thing of the past and should be eliminated. She was saddened by the lack of public forum on this issue. She averred that voting on the enterprise zone during summer break sought to undermine public involvement. She wanted a more open democratic process in the community. While she thought an enterprise zone could help small business people at times, the City should find another way to support them without spending and giving money away. Mayor Piercy closed the Public Forum and called for questions and comments from the council. MINUTES—Eugene City Council August 8, 2005 Page 4 Regular Session Councilor Kelly thanked everyone for their testimony. He wished to thank the representatives from Sponsors and from the Pacific Housing Advisors for coming to speak about their projects. He applauded the work of Sponsors. He also reiterated his support for any additional low-income housing project. Councilor Kelly wished the people who sought to find a location and funding for the Slavic Home the best of luck. He said they were dreaming big and he appreciated their efforts. He did not think the City Council could provide a recommendation for non-profit status. Rather, he thought it was a matter of establishing a board and meeting the requirements set forth by the Internal Revenue Service (IRS). Councilor Papé concurred with comments made to the proponents of the Slavic Home. He thought United Way could be a good resource for them regarding the 501(c)(3) process. He noted that there was a manual, updated annually, that listed all foundations, both public and private, and he was relatively certain it was in the Eugene Public Library. Councilor Taylor echoed comments made about the testimony from the Slavic Home representatives. Councilor Taylor agreed with Mr. Handy’s comments regarding the need for standards for infill. She felt they were desperately needed, alleging such development was “happening all the time with no reasonable standards.” Councilor Taylor agreed with Ms. Duemler’s assertion that the council was acting on the enterprise zone during the summer when people were on vacation and also was taking on large issues “without any public involvement.” 2. CONSENT CALENDAR A. Approval of City Council Minutes June 29, 2005, Work Session - July 13, 2005, Work Session - July 18, 2005, Work Session - B. Approval of Tentative Working Agenda C. Approval of Home Investment Partnerships Program Funding to Acquire Existing Housing Units D. Adoption of Resolution 4852 Approving a Low-Income Rental Housing Property Tax th Exemption for the Property Located at 265 West 8 Avenue, Eugene, Oregon (Assessor’s Number 17-03-31-12 Tax Lots 13700, 14100, 14200) (Metropolitan Affordable housing Corporation) E. Adoption of Resolution 4853 Approving Low-Income Rental Housing Property Tax th Exemption for the Property Located at 4103 West 18 Avenue, Eugene, Oregon (Assessor’s Number 0718914) (Redwood Partners, LLC.) F. Appointment to the Citizen Planning Committee for the Whilamut Natural Area of Alton Baker Park G. Approval of Overseas Travel Request MINUTES—Eugene City Council August 8, 2005 Page 5 Regular Session Councilor Poling, seconded by Councilor Solomon, moved approval of the Consent Calendar. Councilor Bettman said she previously submitted minutes corrections. She pulled Item G. Councilor Papé provided a correction to the minutes of the work session held on June 29. He wished to emphasize in the minutes that he had done his best to participate by telephone and was unable to get connected due to problems with technical equipment. He also wanted to pull Item C. Mayor Piercy noted the corrections to the minutes and deemed them accepted. Roll call vote; the motion to approve the Consent Calendar, with the exception of items C and G, passed unanimously, 8:0. Councilor Papé asked for clarification of Item C on the Consent Calendar. Urban Services Manager for the Planning and Development Department, Richie Weinman, explained that the St. Vincent DePaul proposal had been pulled and would be brought back before the council at a later time. Councilor Papé wondered if passing the Sponsors proposal would change the amount to be allocated to St. Vincent DePaul. Mr. Weinman replied that it would not. Roll call vote; the motion to approve Consent Calendar Item C, the Home Investment Partnerships Program funding to acquire existing housing units, passed unanimously, 8:0. Mayor Piercy asked the council to consider Consent Calendar Item G. Councilor Bettman, seconded by Councilor Kelly, moved to amend the motion so that an overseas travel request would be granted to only one representative. Speaking to the motion to amend, Councilor Bettman averred that while the Sister City Program was valuable, it had not fared well. She said it was de-funded and struggled to survive. She preferred sending only one representative, adding that the benefit to the program would not be doubled by sending two. Councilor Kelly supported the Sister City Program as evidenced by his support of its continued partial funding. He observed that generally the City had only paid the travel expense for one representative. He supported the amendment. Councilor Papé disagreed. He recalled times when two representatives had been sent as part of official delegations. He pointed out that this trip would visit two Sister Cities and would have a double impact. He called the trip a worthy effort. The motion to amend failed, 6:2; councilors Bettman and Kelly voting in favor. The main motion passed, 7:1; Councilor Bettman voting in opposition. MINUTES—Eugene City Council August 8, 2005 Page 6 Regular Session 3.ACTION: Resolution 4851 Establishing Interim Local Criteria Applicable in the West Eugene enterprise zone and Adopting a Public Benefit Scoring System; And Repealing Resolution 4845 Councilor Poling, seconded by Councilor Solomon, moved to adopt Resolution 4851 establishing interim local criteria applicable in the West Eugene enterprise zone and adopting a public benefit scoring system; and repealing Resolution 4845. Mayor Piercy explained that this was the proposal she had taken to the Lane Board of County Commissioners in the hope that it would move forward with a compromise position. She said the Board of Commissioners supported it and expressed hope that the council would as well. Mayor Piercy called on the council for questions and comments. Councilor Bettman asserted that in the proposal and the examples cited in the Agenda Item Summary (AIS) and The Register-Guard, $4.4 million would be refunded. She asked which zone sponsor would receive this payment. She alleged that the County had, in 1997, insisted it receive 50 percent of the refunded benefit, though it contributed only 10 percent. Denny Braud of the Planning and Development Department explained that the payment in lieu of taxes would come as a public benefit contribution similar to the public benefit contribution made under the public benefit criteria. He further clarified that per the resolution, 40 percent would be distributed to the County, 40 percent would be distributed to the City, and 20 percent would be distributed to the education-related fund. Councilor Bettman asked what percentage of its revenue the County was foregoing compared to the City. Mr. Braud replied that it was based on the tax rate in that the City paid approximately $7 per $1,000 and the County paid approximately $2 per $1,000 of real value. He stated that the breakdown of the public benefit was in the exhibit that held the public benefit criteria. Councilor Bettman opined that it was a “good deal for the County.” Councilor Bettman recalled that Hynix had a layoff during its previous upgrade and asked if the company would get credit for hiring back a laid off work force as if it the jobs were newly created. Mr. Braud replied that this would not be possible; only jobs that had previously not existed qualified for the credit. City Attorney Glenn Klein concurred with Mr. Braud. Councilor Bettman averred that Hynix had, in 1995, indicated that its Phase 2 development would be an investment of $2 billion, but it was now projected to cost $500 million. She postulated that on an investment of $2 billion the job cap would become moot. Mr. Braud responded that the mathematics was complicated because one needed to factor in depreciation. Councilor Bettman remarked that depreciation usually kicked in after the zone had expired and the taxes were due. Councilor Ortiz indicated her support for Mayor Piercy’s resolution. She remained unhappy with the resolution as it stood. However, she had consulted her constituents and they were, by and large, in support of something that brought more jobs to the community. She observed that many people in her neighborhood MINUTES—Eugene City Council August 8, 2005 Page 7 Regular Session worked two jobs at minimum wage with no benefits and had a paper route in addition just in order to pay their rent. She said anything she could personally do that would help to bring jobs and increase the quality of life for her constituents would be “great.” She wished to note when the topic of vacations was raised that people in her neighborhood did not get vacations. Rather, they went to the park or had a day of swimming and “called it good.” Councilor Papé thanked the Mayor and Councilor Ortiz for their work with the Lane Board of County Commissioners to reach a resolution. He also thanked Commissioners Green and Stewart. In response to further postulation from Councilor Bettman, Mr. Braud explained that a hypothetical $2 billion investment that resulted in 500 new jobs would bring the one-third rule into play and Hynix would receive a 67 percent tax exemption. If the company created 1,000 new jobs, Hynix could receive a 100 percent exemption. Councilor Bettman understood the example in the AIS to be merely an example and not the anticipated scenario. She wished to reinforce what Councilor Ortiz said regarding the people in the community who needed jobs. However, she asserted the enterprise zone was a “massive giveaway.” She thought the magnitude of the “giveaway” would negatively prejudice the ability of people to have economic justice in the community. She alleged that one entity would receive a gift from the community, the magnitude of which so far outweighed the benefit that it was not justifiable. Councilor Taylor also opposed the enterprise zone. She was disappointed that this “deal was brokered without the City Council consent.” She did not think that Hynix should have a voice in the zone. She did not believe Hynix was waiting on a tax break nor did she wish to subsidize that sort of job. She averred that working for “less than $30,000 a year” would not allow a person to afford housing in the community. She wanted to subsidize real assets to the community, those businesses that paid a living wage and were environmentally friendly. Councilor Kelly expressed disappointment that the issue had “led to simple polarization” in which one was only pro-business or anti-business. He thought the council had worked hard to get “into subtlety and consensus” and that was now “out the window.” He reiterated that the council had supported an enterprise zone in April by a 7:1 vote. He still supported this original idea for an enterprise zone. He thought the council should ask what magnitude of tax break was enough. He observed that the City was being asked to give a $96,000 tax break per job over the course of three years. He recalled that he originally had not wanted to apply for an enterprise zone but decided to support it because the council “properly” targeted and capped it within the constraints of State law. He opined that the resolution before the council abandoned “a reasonable maximum amount of tax” given up per job agreed to in good faith by the council. Councilor Kelly said Hynix was an asset to the community and he did not wish to appear to be opposed specifically to that company. However, he felt a $3 million tax break was enough. Councilor Poling observed that the councilors had not achieved unanimous agreement on the caps; the Mayor had broken the tie and the cap had been added in. He underscored that the 7:1 vote was in support of pursuance of an enterprise zone. He declared that the council and County needed to get past the “quagmire” they had fallen into, which he attributed to a lack of communication between the two governments. He said the resolution returned control to local government bodies and allowed the City and County to initiate the broader discussion. MINUTES—Eugene City Council August 8, 2005 Page 8 Regular Session Regarding the specifics of Hynix that had been cited, Councilor Poling wished to point out that seven companies were currently looking at the City of Eugene and one thing they were looking at was the enterprise zone. He felt an enterprise zone was not the deciding factor for a business seeking to move, but it was “the icing on the cake.” He pointed out that some cities were nearly giving land away. Councilor Poling stated that while Hynix received a $50 million tax break, it provided a return of $270 million into the economy, and $1.9 million in 2003-2004 into the education system alone above the property taxes. He felt it was time to stop picking on one company and look at the larger view. He wanted to get beyond personal differences and begin the “real” discussion about permanent community standards. He thanked the Mayor for continuing the discussions in order to bring control of the enterprise zone back to the local jurisdictions. Councilor Bettman alleged that Hynix worked with the County, the Mayor, and selected councilors to “dictate” what the foregone tax revenue would be. She said she would not have supported an application for the enterprise zone had she known the State statute was “immutable” in terms of guaranteeing a two-thirds benefit “no matter what.” She felt she had been misled about this. Councilor Bettman reiterated her disappointment that the council’s original intent had been altered. She thought the way the council designed the maximum job cap was a “good, strategic, economic tool.” She felt the zone could allow Hynix, should it make a larger capital investment, to have a $70 million “write-off.” She asked if the Mayor and councilors knew that when they were “negotiating this so-called compromise.” Councilor Kelly asserted that the lack of communication between the bodies was because City staff had not kept the council informed that the County Commissioners had to concur on the local criteria. He averred that had he known, he would have been communicating with them regularly and asking to hold joint meetings. Councilor Pryor called this situation a “poster-child example” of the old adage that says the two things one did not want to watch being made were sausage and government. He stated that it had been a long road and most everything that needed to be said had been said. He encouraged the council to move ahead and vote. Councilor Papé commented that most of the discussion at the table was about what the City was giving up, but it was important to look at what the City would be receiving. He asserted that the City would be gaining mostly good jobs, the majority of which would come through expansion of existing businesses. He pointed to the testimony of business representatives that spoke to the successes of the enterprise zone in jobs and benefits gained. He hoped that Hynix would build a $2 billion addition to its plant as the exemption would go away in three years. Even with depreciation, he observed, the City stood to gain. Mayor Piercy acknowledged the hard work of all the elected officials. She underscored that she tried to be transparent in her efforts. She tried to pay attention to the desire not to count existing employees and to get community standards in place. She stressed that the City had an enterprise zone in place with no community standards and no cap and was facing a legal remedy that she did not believe the City would win. She arrived at the proposal because she believed it to be in the best interest of the community. She related that she discussed the zone with many people and in an article in The Register-Guard. She appreciated the support of the Lane Board of County Commissioners and asked the council for its support as well. MINUTES—Eugene City Council August 8, 2005 Page 9 Regular Session Roll call vote; the motion passed, 5:3; councilors Kelly, Taylor, and Bettman voting in opposition. 4. ACTION: Resolution 4850 Calling a City Election on November 8, 2005, for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Amending the Eugene Charter of 2002 to Authorize the City Council to Provide for External Review of Police-Related Complaints Councilor Poling, seconded by Councilor Solomon, moved to adopt Resolution 4850 calling a city election on November 8, 2005, for the purpose of referring to the legal electors of the City of Eugene a measure amending the Eugene Charter of 2002 to authorize the City Council to provide for external review of police-related complaints. Councilor Poling pointed out that the motion on the table used the updated Resolution 4850 which was distributed to the councilors. Mayor Piercy called on the council for questions and comments. Councilor Poling opposed the motion. He did not believe the resolution was about instilling trust in the Eugene Police Department (EPD), making people feel safe, or whether the council wanted an external auditor and citizen review board. He observed that the council supported an auditor and review board, but should the measure be sent to the voters it would change the fundamental structure of Eugene’s government. He noted that Police Commissioner Tim Laue recommended that the auditor and review board report directly to the City Council, but said it also would work to have them report to the City Manager. He underscored that the City Manager could implement the external audit and form the review board “tomorrow” at no added expense to the citizens of Eugene, but this motion, should it pass, would cost approximately $120,000 and would delay action for months until the election was certified. He did not understand why the council would choose to exercise this option. Councilor Papé indicated that he felt both an external auditor and a citizen review board had merit. While he agreed with Councilor Poling’s remarks, he said that he would not oppose going to the voters, though he disliked spending the money. He believed, however, that the public would be better served by splitting the external auditor and review board into separate votes. He thought combining them could place them at risk. Councilor Bettman averred the recommendation vested authority in the two bodies and they had complementary authorities. She said splitting the recommendation would drastically change and “blow apart” the Police Commission’s recommendation. She thought it should be referred to the voters as it stood. Regarding the cost, Councilor Bettman noted that the City spent $109,000 on the Police Executive Research Forum (PERF)/International City/County Management Association (ICMA) report and $70,000 on the study and research that the Police Commission had recently undertaken. She also pointed out that the City was expending “untold millions” in litigation and settlement. She said the City spent $25,000 to $30,000 to place a new police station on the ballot. She thought the issue had been studied and researched “to death.” She supported the resolution. MINUTES—Eugene City Council August 8, 2005 Page 10 Regular Session Councilor Solomon supported an external auditor and a police review board but not at the expense of the City’s form of government. She felt it would undermine the relationship the council had with the City Manager. She also did not believe that this should be a charter amendment as it would take another charter amendment to change it and, without it, the resolution could be “tweaked” as needed. She reiterated that the auditor and citizens’ board could be formed immediately at the direction of the City Council. Councilor Poling asked how such action would be interpreted if the charter amendment lost at the ballot. City Manager Dennis Taylor called it a conundrum. He observed that everyone was in support of this type of review and the only opposition was how to go about bringing it to fruition. He recommended that the City go forward within the charter and implement the police auditor as well as determine how to provide civilian review to increase police accountability, transparency, and complaint-handling. In response to a question from Councilor Poling, City Manager Taylor affirmed that the auditor and review board could be brought into play with a simple vote of the City Council to authorize the City Manager to do so. Councilor Poling asked how many other external auditors and/or citizen review boards report directly to an elected body. City Manager Taylor said he was aware of no local governments that had this capacity. He stated that many local governments had an auditor who reported to the administrative head of the government - either the City Manager or the Mayor. Regarding the civilian review, he noted that there were many instances where boards that assist in some phase of the complaint-handling process existed in both the strong Mayor and City Manager forms of government. In response to a question from Councilor Poling, City Attorney Klein affirmed that a council-appointed body would meet the definition of a governing body according to the language of the Public Meetings law. Councilor Poling asked how this would affect arbitration in cases where a police employee was subject to an investigation and review and then decided to appeal the decision. Mr. Klein said those issues had been addressed by City Attorney Sharon Rudnick and included in the Agenda Item Summary. He understood that mechanisms to significantly reduce that type of problem had been identified that could be incorporated into an ordinance resulting from passage of the charter amendment. Councilor Kelly disputed the assertion that the charter amendment would be a change to the City’s form of government. He averred that council/manager governments around the country came “in a variety of flavors.” He cited the City of Springfield as an example and pointed out that the Springfield City Council approved all department head hires. Councilor Kelly averred that allowing the City Manager by a simple motion of the City Council to contract the services of an external auditor and form a civilian review board would only work if it was credible in the community. He believed, given the current environment in the community, making such a move would not be perceived as credible. He added that he could not support Councilor Papé’s suggestion to split the motion. Councilor Pryor supported the Police Commission’s report but had been troubled by the vote. Ultimately he supported the recommendation because the enormity of the police review issue warranted a significant response. He believed there to be a crisis of confidence the extent of which could only be determined by MINUTES—Eugene City Council August 8, 2005 Page 11 Regular Session placing this resolution on the ballot. He said if the voters did not feel there was a crisis, they would not vote to support the measure. Councilor Pryor observed that the language indicated the new body would be prepared to report on complaints and trends and police practices in general. The latter made him wonder if this was the beginning of a move toward a general city auditor, which he did not support. He sensed that the Police Commission sought to adjudicate complaints about the EPD and not general police practices. While he supported this, he indicated he would watch closely to see where this was going. Councilor Taylor supported the motion. Regarding the idea of splitting the two issues, she said the council could establish a civilian review board without a vote. She thought there were very good reasons that both the auditor and the civilian review board would report to the council. Councilor Ortiz maintained that this resolution was not “personal,” but rather was about a change in process that sought to reestablish community trust. She commended the people who were “doing the job so well for us” at this point in time. Mayor Piercy supported the resolution. She thought it was necessary for the community and for EPD. She wanted assurance that the City was not shortchanging its efforts to mount a winnable campaign by placing the charter amendment on the November ballot. Councilor Papé expressed similar concern about of the timing of the proposed ballot measure. He asked Police Commissioner Tim Laue to speak to the commission’s recommendation. Mr. Laue reiterated that the highest recommendation of the Police Commission was to have both the external auditor and the civilian review board report to the City Council. He said the commission’s intention was that it could work either way, though there was no discussion about splitting the two and making one under the auspices of the City Manager. He averred that placing them separately on the ballot could result in only the auditor passing, which would not be a workable scenario. Regarding Councilor Pryor’s concern about the language referring to general police practices, he stated that this was intended for the service improvement component for police services. He said it had always been the commission’s intention that the auditor was not just there to ferret out complaints and identify things that were not working well. He stated that the commission was in no way advocating for a general auditor for the entire City organization. Mr. Laue shared concerns expressed regarding the possibility of failure on the ballot and the short time frame prior to the vote, but was confident that it would work either way. Councilor Bettman asserted that a civilian review board without an auditor would not have any power. She felt this would be a breach of trust with the citizens of the community. Regarding the date of the election, she pointed out that the community had been promised action more than a year ago. She opposed moving the election to May 2006. Councilor Papé voiced his support for the motion. However, he indicated that that he was not in favor of having the auditor report to the City Council. Roll call vote; the motion passed, 6:2; councilors Poling and Solomon voting in opposition. MINUTES—Eugene City Council August 8, 2005 Page 12 Regular Session Councilor Poling, seconded by Councilor Solomon, moved to authorize the expenditure of up to $100,000 from the General Fund contingency account to pay for a special election on November 8, 2005. Councilor Bettman wondered if the $100,000 included money to provide public information. City Manager Taylor replied that it did not. Councilor Bettman asked why no money was provided for neutral information for voters. City Manager Taylor explained that the next motion the council would consider authorized the expenditure of $20,000 for information to be disseminated. Councilor Bettman averred that this was specifically for the Voters’ Pamphlet. She stated that she had in her files the Parks and Open Space bond measure and the Police bond measure; they both contained neutral informational material. She asked why the charter amendment was being treated differently. Mr. Klein clarified that staff at the City Recorder’s Office asked about neutral information and he advised that on this measure, unlike the Parks measure which could offer specific factual information, the kind of factual information the City could provide would be very limited. He said the City could not explain why an external review would be a good idea because this was not neutral information. He stressed that very little information on the charter amendment could be provided in a neutral manner. Councilor Bettman asked if the Police Commission report could be summarized and provided as information. Mr. Klein replied that he read the Police Commission report. He reiterated that the City could not pay to put information out that explained why there was a need for this. He stated that the City could not take a recommendation from the report and print it as information because of this reason. Councilor Bettman asked if there was a way to make the Police Commission report more available. Mr. Klein responded that it was already on the Web site and there was nothing against the law in leaving it there. Councilor Bettman asked if additional copies of the report could be made and provided at community centers and the library. Mr. Klein replied that this was not legally possible to do so. Councilor Papé asked if the amount the ballot would cost would be reduced if another entity joined the City on the ballot. City Recorder Mary Feldman affirmed that it would reduce the cost but indicated that no one had expressed interest in doing so. She noted that she contacted the Eugene Water & Electric Board (EWEB) and it appeared EWEB would not include a bond issue on the November ballot. Roll call vote; the motion passed, 6:2; councilors Poling and Solomon voting in opposition. Councilor Poling, seconded by Councilor Solomon, moved to authorize the expenditure of up to $20,000 from the General Fund contingency account to produce a voters’ pamphlet for the November 8, 2005, election. Roll call vote; the motion passed, 6:2; councilors Poling and Solomon voting in opposition. Councilor Poling, seconded by Councilor Solomon, moved to appoint Mayor Piercy, Councilor Ortiz, and Councilor Pryor to the committee to prepare the voters’ pamphlet proponent statement. Roll call vote; the motion passed unanimously, 8:0. The meeting adjourned at 9:24 p.m. MINUTES—Eugene City Council August 8, 2005 Page 13 Regular Session Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—Eugene City Council August 8, 2005 Page 14 Regular Session