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HomeMy WebLinkAboutCC Minutes - 10/27/08 MeetingM I N U T E S Eugene City Council Regular Meeting Council Chamber—Eugene City Hall 777 Pearl Street—Eugene, Oregon October 27, 2008 7:30 p.m. COUNCILORS PRESENT: Chris Pryor, Bonny Bettman, Betty Taylor, George Poling, Jennifer Solomon, Mike Clark, Alan Zelenka. COUNCILORS ABSENT: Andrea Ortiz. Her Honor Mayor Kitty Piercy called the meeting of the Eugene City Council to order. She noted that the council had addressed items 2 (Consent Calendar) and 4 (Appointments to Boards, Commissions, and Committees) at the earlier work session. 1. PUBLIC FORUM Mayor Piercy recognized City Manager Jon Ruiz to discuss the City’s Spay and Neuter Clinic. City Manager Ruiz acknowledged the importance of the closure of the Spay and Neuter Clinic to the community. He suggested the actual question for the community was how best to provide an affordable, easily accessible, and robust spay and neuter program for residents. He said a community forum on the subject of the City’s role in providing spay and neuter services and how those services could be provided safely and effectively would occur on November 6 at the Washington Park Community Center from 5:30 to 7:30 p.m. Mayor Piercy reviewed the rules of the Public Forum. Zachary Vishanoff commended Councilor Bettman for her recommendation for whistle blower protections. He shared his own experience with the police and the justice system in support of his suggestion for a “ten- year roundup” of all retaliation against City staff members or members of the public who were retaliated against by the “machine.” Mr. Vishanoff then asserted that Councilor Zelenka and City Manager Ruiz lied about the nature of the University of Oregon basketball arena “model” process. He averred the process had been closed and leveled conflict of interest charges against the neighborhood leaders who participated in those meetings due to the fact one was an architectural professor at the University and the other was a real estate agent. Mr. Vishanoff asked the City Manager why the meetings were closed, the “rationale for finding consensus behind closed doors,” and the reason minutes of the proceedings were not taken. He noted the decision of the Hearings Official in regard to the arena could be appealed to the City Planning Commission and then to the Land Use Board of Appeals, two processes which he considered significant hurdles. MINUTES—Eugene City Council October 27, 2008 Page 1 Regular Meeting Rita Castillo , 6825 F Street, a Springfield resident, shared information with the council that indicated two cats could produce 240,000 kittens in seven years. She said she was a volunteer at the Lane Council Animal Regulation Authority (LCARA) and while volunteering she saw many people who used the Spay and Neuter Clinic but were disappointed because they arrived too late in the day to take advantage of its services. She asked those present to stand if they were there to speak on the issue of spaying and neutering. Many in the audience did so. She also asked those present to indicate if they participated in rescue activities. Many stood. th Deb Frisch , 3003 West 11 Avenue, Eugene, criticized Councilor Zelenka for his attendance at council meetings since the council’s decision to grant the University of Oregon’s alley vacation application. She announced she would be presenting her justification for requesting his resignation the following day. She also announced the upcoming Land Use Board of Appeals (LUBA) hearing on the arena appeal on November 13 at 9:00 a.m. in Salem. Ms. Frisch criticized Interim Police Auditor Dawn Reynolds for leaking information to the press. She thought Ms. Reynolds should resign as soon as possible. She criticized the Crest-Storey-Friendly area residents for their opposition to bicycle paths on the streets to be renovated. Cynthia Kokis , 2465 Jefferson Street, Eugene, was opposed to the closure of the Spay and Neuter Clinic. She did not want to have to attend a later hearing to say why she opposed it. She complained that when she arrived in the area in 1973 many things used to be free and there was something for everyone. Now there was no lack of low-income people but everyone had to pay for everything. She suggested that those most hurt by the clinic’s closure were unable to attend the meeting because they were dependent on mass transit, were unaware of the proposal, or had to work. Daniel Cooper , Eugene, discussed his experience as an LTD rider. Lisa Warnes , 5020 Nectar Way, Eugene, representing the Southeast Neighbors, opposed the closure of the Spay and Neuter Clinic. She criticized staff for making the proposal and asked staff to explain how it was a sound idea. Ms. Warnes asserted that there were fees that completely offset the shortfall. She also asserted cutting the program would cost the City through an increase in unwanted pets. She said even if the closure of the clinic actually saved money, the closure lacked humanity and ethics. She urged the council to reverse the staff decision. Dr. Patricia Shea , PO Box 40314, Eugene, opposed the closure of the Spay and Neuter Clinic. She believed its closure would have an adverse effect on residents and their pets. Poor people have pets and if they are unvaccinated and non-neutered they create a public health hazard and consume public and private resources. She thought the clinic a valuable service that should be maintained and the City should pass an ordinance that would force residents to spay and neuter their pets. She said such a precedent existed in California and Eugene could set a precedent for this in Oregon. Such an ordinance would give LCARA more jurisdictional options to deal with animal collectors, backyard breeders, and irresponsible pet owners. Dr. Ann Samsell , 30075 La Bleu Road, Eugene, a former employee of the clinic, opposed the closure of the Spay and Neuter Clinic. She said the community previously had three components needed to deal with animal-related complaints: comprehensive laws and strong enforcement, an education program, and a spay/neuter program. For the clinic to be effective it must be easy to access, work closely with public regulation, and provide services at a low cost. The clinic was well established. It had drastically reduced unwanted and problem animals and served those who could not afford private veterinary services. She MINUTES—Eugene City Council October 27, 2008 Page 2 Regular Meeting pointed out the clinic served to reduce the number of unwanted animals and urged the council to keep the clinic open. th Katherine Ford , 75 West 35 Place, Eugene, representing the Willamette Animal Guild (WAG), opposed the closure of the clinic. She maintained that the clinic formerly showed a profit and asked how it could now be in deficit. She demanded “some real figures” as she saw no rental, utility, or janitorial expenses reflected in the budget. She demanded to know where the money was going. th Joan Walter , 220 East 36 Avenue, Eugene, submitted and reviewed written testimony opposing the closure of the Spay and Neuter Clinic. th Jill Winans , 75 West 35 Place, Eugene, representing the Willamette Animal Guild Spay and Neuter Project, said the recently opened WAG spay and neuter clinic was not intended to supplant the City’s Spay and Neuter Clinic but rather to augment it to make inroads into the problem of excessive pet populations. She spoke of the high number of stray cats in the community and said the spread of stray cats could only be stopped by spaying and neutering. She had issues with the costs cited in the memorandum authored by staff. She submitted prices she had secured from private clinics that demonstrated no one offered lower prices than the City clinic except WAG, which was running on a deficit. The contemplated vouchers would not go far. She asked the council to take action to keep the clinic open. Dr. Sally Cogenie , 27333 Old River Road, Lowell, a clinic employee, said the employees were being lost in the discussion. She commended the quality and work of the employees. She said that the clinic served residents on their schedule and those served were grateful for it. She said closing the clinic would be a disservice to the community, and she asked the council to reconsider the decision. st Scott Bartlett , 1445 East 21 Avenue, Eugene, spoke of the initial formation of LCARA. He believed more animals would die if the Spay and Neuter Clinic was closed and more animals would sicken and die in the streets. He found it “unbelievable” a budget staff person could have proposed the closure, and demanded a public hearing where residents could offer their opinions. Joe Collins , PO Box 24411, Eugene, said not one more dollar for street repairs should be spent. He praised the involvement of the Crest area neighbors in the road project in their neighborhood. Mr. Collins questioned why there were no road repairs over the past summer, particularly on the roads he regularly traveled. However, Roosevelt Boulevard, which he had used only twice in his 15 years of residence, was being repaired. He suggested that repair was attributable to the fact that wealthy people were thinking of building there with the assistance of tax breaks granted by the City Council. He suggested the council had directed staff to avoid repairs to “main thoroughfares” as a means to retaliate against citizens who opposed the last road repair measure and to blackmail citizens into voting for the bond measure. Mr. Collins went on to assert that the City Council regularly gave tax breaks to wealthy developers and downtown developers and expected the rest of the citizens to pay their taxes and the taxes of those individuals as well. Speaking to the proposed closure of the Spay and Neuter Clinic, Mr. Collins said he watched Animal Planet and knew how dedicated the people who supported the animals were. Nancy Sautell , 40177 Little Fall Creek Road, Fall Creek, praised the staff at the Spay and Neuter Clinic for their support in the past year because of the number of people who dropped cats and dogs off near her family’s property. It had been an enormous financial and emotional burden for her family. She could never have afforded to spay and neuter 30 feral cats without the assistance of the clinic. The clinic was essential MINUTES—Eugene City Council October 27, 2008 Page 3 Regular Meeting to stopping unwanted litters. Those who wanted to be responsible pet owners would not have the means to neuter or spay their pets, particularly in a time of economic downturn, if the clinic closed. She said such dumped pets had a negative impact on wildlife as well, particularly migratory birds. She urged the council to keep the clinic open. Dawn Nelson , 77 Somerset Court, Eugene, opposed the closure of the clinic. She felt the City had lost sight of the clinic’s original purpose, which was to help address pet overpopulation problems. She maintained the clinic was not intended to be self-sufficient in order to keep costs low for the public; in turn, the City would experience lower costs for other animal-related issues. She believed that without the clinic, the population of pets in Lane County would have doubled. The organizations that provided low-cost spay and neuter services were volunteer-driven and such entities often failed. She suggested that the issue for many was not about the bottom line. Ian Howard , 1654 Fairmount Boulevard, Eugene, represented the University of Oregon Community Resource Assistance Program. He reviewed the organization’s goals and provided his contact information. Carol Berg Caldwell , 2510 Augusta Street, Eugene, commended the youth who gave up their Saturdays to attend the recent Prevention Convention event hosted by the Eugene Police Department. She suggested the community think about ways to include the police in future community events as a way to build ties. Dr. Janette Kessler , 27242 Briggs Hill Road, Eugene, owner of the Emergency Veterinarian Clinic in Springfield, opposed the closure of the City’s Spay and Neuter Clinic. She asked the council to avoid raising fees at the clinic because many residents could not afford them. What some considered a low-cost service was difficult for many to afford. She also asked the council to find a long-term solution to the issue of clinic funding. Dr. Marilyn Waters , 1345 Barrington Street, Eugene, worked at the Spay and Neuter Clinic as a veterinarian one day a week. She said the clinic’s clients were not the same clients she would see at her private practice and estimated that 40 percent of the clients did not see a veterinarian regularly and used the clinic as their sole service provider. She said that her clinic’s surgery prices were four times higher than the prices at the Spay and Neuter Clinic. She agreed with Dr. Kessler about the need for a long-term solution. th Karen Church , 220 East 36 Avenue, Eugene, shared her experience as a former animal control officer. She worked at the clinic now and said it was completely full due to the no-kill philosophy, which would only work if the spay and neuter services were provided. All the public and private nonprofit service providers needed to do 300 surgeries a week to keep pet population numbers where they were now. She asked the council to think creatively to reach a funding solution. Gary Gillespie , 2644 Kincaid Street, Eugene, shared information about his own pets, which he had spayed and neutered at the clinic. He urged the council to find a way to save the clinic. Blu Wagner , 22 Frall Lane, Eugene, opposed the closure of the City’s Spay and Neuter Clinic. She thought the recommendation to close the clinic was tragically short-sighted and asked the council to keep the clinic open and aggressively recruit a new veterinarian. She hoped the issue never came up again, and said she would be happy to pay more in property taxes to keep the clinic open. Lou Sinnegar , 25416 Irene Street, Elmira, represented the American Federation of State, County, and Municipal Employees (AFSCME) and spoke on behalf of the employees that would be affected by the MINUTES—Eugene City Council October 27, 2008 Page 4 Regular Meeting closure of the Spay and Neuter Clinic. He said that City Manager Ruiz had indicated no employees would be laid off if the clinic closed and he was committed to a collaborative solution with the community, the stakeholders, and the union. He asserted that the closure was a policy decision, not a management decision. He asked the council to let all the affected groups work together to find a solution. Robert Olson , 32810 Sisters Loop, Eugene, suggested that one needed to consider both the efficiency and equity of the decision to close the clinic. He suggested that in terms of efficiency, it was cheaper to run the clinic than to trap and euthanize animals. In terms of justice or fairness, it was better to have the clinic than to allow animals to run loose and become carriers of disease. Laura Cino , 4427 Fox Hollow Road, #6, Eugene, said that people wanted to take care of their animals and do the right thing but they have no money and few alternatives. She feared that people would stop doing what was right if the clinic was no longer open. She acknowledged the WAG clinic but said no other clinics offered vaccines without an exam fee or individual doses of flea medication. Cathy Lacki , 77 Somerset Court, an employee of the Spay and Neuter Clinic, clarified that she was speaking as a private citizen. She noted the other employees of the clinic present at the hearing and said they knew how important the issue was. She thanked the council for listening and thanked the clinic’s supporters for their advocacy. She thought there was a way to keep the clinic open, and pointed out it had been a long- term community resource without a gap in services. She wanted to continue that into the future. Lisa Wahl , 4570 Franklin Boulevard, Eugene, opposed the closure of the Spay and Neuter Clinic and spoke of the many benefits of spaying and neutering one’s pets. She advocated for more spending on the clinic, not less. Audrey Walther , 350 Marche Chase Drive, #162, Eugene, shared her personal experience with a stray cat and its kittens and advocated for keeping the Spay and Neuter Clinic open. She opposed the closure of the clinic while its future was being discussed. Starly Pupke , 28364 Restwell Road, Eugene, opposed the closure of the clinic because of the cat over- population problem. She suggested that prices be reduced instead of raised so that those who needed the services, and could least afford it, could secure them. She said that many rescue groups use the services of the clinic. They need the price breaks because of the burden they carry, which saves the community additional animal control expenses. She suggested that City payments to LCARA could be diverted to the clinic. She said that many people took advantage of the fact they could use the service on their own terms. Misha Solan , 91 Alberta Lane, Eugene, opposed the closure of the clinic. He said the financial conse- quences of the clinic’s closure would be staggering and the burden would be felt by all. As a farmer, he often found stray cats on his property and had 18 cats to-date neutered out of his own pocket at the clinic. He asked the council to find a way to keep the clinic open. Mayor Piercy closed the Public Forum and thanked all those who spoke. She was concerned about even a temporary closure of the Spay and Neuter Clinic while the City worked on long-term solutions and suggested the City take advantage of the knowledge and expertise of those in the audience. She suggested the clinic’s funding be part of the City’s discussion regarding service provision with Lane County. She asked City Manager Ruiz if there was a way to avoid closing and restarting the clinic. MINUTES—Eugene City Council October 27, 2008 Page 5 Regular Meeting Councilor Taylor thanked all those who spoke. She said the council did not make the decision to close the clinic and she hoped the manager could find a way to keep it open. She agreed it is difficult to restart a service once it has been eliminated. She concurred with those who spoke of the cost-savings realized by the clinic, as well as its ability to provide humane treatment and help create a safer environment for the community. Councilor Bettman also thanked all those who spoke. She expressed concern about the message being sent to the public about the closure and wanted to settle the issue as soon as possible to give the public certainty about the future of the clinic. She asked if the clinic was funded through the end of the current fiscal year, and if surgeries could be performed if the veterinarian was medically incapacitated. Finance Director Dee Ann Raile responded that the clinic was in the fiscal year (FY) 2008 budget and there was an appropriation that the City would exceed based on its financial experience to date. Currently, the City had only one veterinarian and this person was unable to perform surgeries because of a medical condition. The City had not been successful in recruiting a veterinarian and was performing surgeries about half the time with backfill staff, many of whom had offered testimony at this meeting. Responding to a question from Councilor Bettman, Ms. Raile clarified that the City would overspend the budget allocation within the fiscal year and could, if so directed, return to the council with a supplemental budget to increase the appropriation. Councilor Bettman compared the clinic to potholes, saying the City could pay a lower price now or a higher price later. She asked to be recognized later in the meeting in order to offer the council a motion to keep the clinic open and find a veterinarian pending resolution of the larger budget issue. Councilor Clark thanked all those who spoke. He suggested there were probably creative solutions to the clinic’s funding problems. He expressed appreciation to the manager for his effort to this point. He agreed that the decision was more of a policy issue than a management one but he continued to seek more information. Councilor Zelenka commended those who offered testimony for their thoughtful and concise testimony. He was also concerned about the closure of the clinic as he thought the short-term costs were outweighed by the long-term benefits. He said earlier that day, he had asked the manager for suggestions about how to keep the clinic open. He agreed that the decision seemed to be more of a policy than management decision. Speaking to Mr. Vishanoff’s comments, Councilor Zelenka said the Neighborhood-University Arena Liaison Committee was not a City-sponsored group. It was sponsored by the University, which had invited the City’s participation. The City does not provide notice for meetings in which it participates but does not sponsor. Additionally, the meetings were open to the public and minutes were taken. Councilor Zelenka advocated for those present and in the viewing audience to vote yes on the street repair ballot measure. Councilor Solomon thanked those present for their testimony. She also thanked Michelle Haus of her ward for all the times she called to tell Councilor Solomon what was going on with unwanted animals on her street. Ms. Haus, like many others, took unwanted animals to the clinic to have them altered. She made a difference in the community. Councilor Solomon appreciated the time Ms. Haus spent with her on the telephone and asked her to keep up the good work. MINUTES—Eugene City Council October 27, 2008 Page 6 Regular Meeting Councilor Solomon asked those present and in the viewing audience to vote yes on the City’s street repair ballot measure. Councilor Poling expressed appreciation for the tenor of the comments the council heard. He had experience with unwanted and abandoned animals as a farmer and was interested in knowing more about a supplemen- tal budget appropriation or the potential of using contingency funds to keep the clinic open through the end of the fiscal year to give the council time to consider its funding. Mr. Pryor also thanked those who spoke and commended the respectful and civil tone of their testimony. City Manager Ruiz also expressed appreciation for the remarks that were made. He acknowledged the passion for the issue. Mr. Ruiz said that Ms. Raile had taken considerable heat for the decision but he was the responsible party. Based on the input he heard, City Manager Ruiz thought the City would keep the clinic open. However, how spay and neuter services were provided was a different conversation about closing the clinic. The pet overpopulation problem, even after 30 years of a City-operated spay and neuter clinic, had not been solved. Subsequently, City Manager Ruiz advocated for a new and different conversation that attempted to get at the root cause of pet overpopulation and solutions that made an inroad into the problem. Noting the calls in testimony for long-term solutions, City Manager Ruiz encouraged such a long-term approach. With regard to the clinic employees, City Manager Ruiz said that the issue was not about laying off employees but about how to provide the best service. He had committed to Mr. Sinnegar that he would not lay off employees and they would continue to be City of Eugene employees if the clinic maintained operations as a City facility. He reiterated that merely keeping the clinic open was not the long-term solution. Mayor Piercy expressed appreciation to City Manager Ruiz for his remarks. Councilor Bettman expressed regret that Ms. Raile had been demonized in the process and appreciated the manager’s comments about taking responsibility. She expressed appreciation to Ms. Raile for the work she did. Councilor Bettman also agreed that the decision was a policy decision and not a management decision. Councilor Bettman, seconded by Councilor Zelenka, moved to direct the City Manager to con- tinue to provide the spay and neuter services provided by the clinic, including increased efforts to secure a veterinarian to perform surgeries, to convene a process with stakeholders to inform a strategy for the FY10 budget and long-term solutions, and to return to the council with a sup- plemental budget. Councilor Zelenka expressed appreciation to Ms. Raile for the work she did. The motion passed unanimously, 7:0. Councilor Bettman advocated for the police auditor oversight measure and Lane Community College bond measure. MINUTES—Eugene City Council October 27, 2008 Page 7 Regular Meeting MINUTES—Eugene City Council October 27, 2008 Page 8 Regular Meeting 2. CONSENT CALENDAR A. Approval of City Council Minutes July 14, 2008, Work Session July 16, 2008, Work Session September 15, 2008, Joint Elected Officials Meeting September 17, 2008, Work Session September 22, 2008, Work Session September 24, 2008, Work Session October 7, 2008, Boards and Commissions Interviews October 14, 2008, Boards and Commissions Interviews B. Approval to Tentative Working Agenda This item was addressed at the earlier work session. 3. ACTION: An Ordinance Amending the 1999 Street Classification Map and Classifying all the Streets in the Crest Drive Area as Local Streets or An Ordinance Amending the 1999 Street Classification Map and Classifying Portions of Crest Drive, Storey Boulevard, and Friendly Street as Neighborhood Collectors and the Remaining Streets in the Crest Drive Area as Local Streets City Engineer Mark Schoening was present to make the staff report. He recalled the public hearing held the week before on the classification issue. He said the council had been provided with two ordinances to choose between. Whatever decision the council made tonight, the design approved by the council in April 2008 would not be affected, and neither would the speed limit or traffic calming methodology. Responding to a question from Councilor Clark about the legality of the proposed approach under State and City law and any potential unintended consequences, such as to City snow plowing regimes, Mr. Schoening indicated he perceived no problem. Councilor Pryor noted the two ordinances before the council and suggested that regardless of which was approved, in a real world sense, things would be the same. He preferred to honor the neighborhood process that had been followed to this point, so would offer the first motion to the council. Mr. Pryor, seconded by Councilor Bettman, moved to adopt Council Bill 4991, an ordi- nance amending the 1999 Street Classification Map and classifying all of the streets in the crest Drive Area as local streets. Councilor Solomon, seconded by Councilor Zelenka, moved to substitute Council Bill 4992, an ordinance amending the 1999 Street Classification Map and classifying portions of Crest Drive, Storey Boulevard, and Friendly Streets as Neighborhood Collectors and the remain- ing streets in the Crest Drive Area as Local Streets. Councilor Bettman indicated opposition to the substitute motion. She thought it would be unforgivable to pull the rug out from under the neighborhood after all the work that had been done. MINUTES—Eugene City Council October 27, 2008 Page 9 Regular Meeting Councilor Bettman suggested the City consider adding another classification to the Arterial and Collector Street Plan to account for such exceptions. Councilor Solomon pointed out that the neighborhood was getting the design it wanted. She said that if the numbers indicated that a street was a neighborhood collector, the street should be classified as a neighbor- hood collector. She was concerned about the City’s exposure to legal liability as a result of the first motion, and thought it set a bad precedent for other neighborhoods. Councilor Zelenka asked how many unclassified streets were in the city. Mr. Schoening said that only the streets in the Crest Drive area remained unclassified. The entire area was left unclassified pending the outcome of the neighborhood process. Councilor Zelenka asked about the nature of staff’s discussions with the neighborhood about the street classifications. Mr. Schoening said that the neighbors believed the collector designation called for a certain design. He said the staff and residents struggled with the issue of the classification throughout the process, and put it aside until the design was completed. He emphasized that staff never promised any particular classification to the neighbors. Responding to a question from Councilor Zelenka, Mr. Schoening said the three routes in question were all snowplowed. Responding to a question from Councilor Zelenka, Mr. Schoening reiterated that the street design would be the same regardless of tonight’s decision. Councilor Zelenka agreed with Councilor Solomon about the analysis and indicated he would support the motion. Councilor Clark wanted to support the public process. While he was sympathetic to the residents, he was also sensitive to Councilor Solomon’s point about the precedent being set. Mr. Schoening thought there was a fairly low risk of the action setting precedent, noting that no other neighborhood had pursued such a course. He pointed out that the neighborhood in question was on the edge of the urban growth boundary, so there was not as much consequence to having a disconnected system as there might be in other areas of the community. City Attorney Jerome Lidz did not have a concern about legal precedent; he suggested the issue was one of political and policy precedence. Councilor Taylor thought that if the council did not classify the streets as local it would be a betrayal of trust. She said the original motion was consistent with the council’s previous direction, and if the residents were aware of the second option they would have been present at the meeting. She said that if the classification did not make a difference, why do something the residents did not want? Mayor Piercy believed that the council had indicated a commitment to the local street classification to residents. She supported the local classification. The substitute motion failed, 5:2; councilors Solomon and Zelenka voting yes. The original motion passed, 6:1; Councilor Solomon voting no. MINUTES—Eugene City Council October 27, 2008 Page 10 Regular Meeting 4. ACTION: Appointments to Boards, Commissions, and Committees Action on the item was taken at the work session. The meeting adjourned at 9:25 p.m. Respectfully submitted, Jon Ruiz City Manager (Recorded by Kimberly Young) MINUTES—Eugene City Council October 27, 2008 Page 11 Regular Meeting