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HomeMy WebLinkAboutResolution No. 5408COUNCIL RESOLUTION NO. 5408 A RESOLUTION ADOPTING A NEIGHBORHOOD RECOGNITION POLICY AND MODEL CHARTER REPEALING RESOLUTION NO.2554, RESOLUTION NO. 3745, RESOLUTION NO.3746, RESOLUTION NO.5140, AND RESOLUTION NO.5141, AND AMENDING RESOLUTION NO. 4705. PASSED: 8:0 REJECTED: OPPOSED: ABSENT: CONSIDERED: May 13, 2024 H RESOLUTION NO.5408 A RESOLUTION ADOPTING A NEIGHBORHOOD RECOGNITION POLICY AND MODEL CHARTER REPEALING RESOLUTION NO. 2554, RESOLUTION NO. 3745, RESOLUTION NO. 3746, RESOLUTION NO. 5140, AND RESOLUTION NO. 5141, AND AMENDING RESOLUTION NO.4705. The City Council of the City of Eugene finds that: A. On August 23, 1976, the City Council adopted Resolution No. 2554, adopting a Neighborhood Organization Recognition Policy (NORP). B. On January 26, 1983, the City Council adopted Resolution No. 3745 adopting the Model Charter for Neighborhood Organizations (Model Charter). On that same date, the City Council adopted Resolution No. 3746, adopting Guidelines for the City of Eugene's Neighborhood Recognition Policy (Guidelines). C. On February 25, 2002, the City Council adopted Resolution No. 4705, adopting a Limited Neighborhood Recognition Policy for Organizations in the River Road and Santa Clara Areas (Limited Recognition Policy). D. Following their adoption, the NORP, Guidelines, Model Charter, and Limited Recognition Policy have been amended; most recently by Resolutions 5018, 5140 and 5141. E. Community engagement is the act of sharing in the formulation of policies and proposals which affect the lives of all residents. F. Local government has a responsibility to encourage community engagement, including community engagement in the planning process, both for the betterment of local decision -making and to satisfy requirements of state and federal planning programs. G. Local government must broaden engagement beyond merely asking the public to comment on a process, aiming to actively involve the public in collaborative roles. H. The City of Eugene recognizes that community engagement through neighborhood organizations can produce benefits for the inclusion, general health, welfare, and pride of everyone in our community. I. The City of Eugene encourages the formation of neighborhood organizations and their involvement in local government's decision -making processes. J. For the last two years, Neighborhood Association Program staff has collaborated with members of city -recognized neighborhood associations and members of the general public to update, strengthen, and streamline the NORP and Model Charter to create a more useable, understandable, and equitable framework for city -recognized neighborhood associations in Eugene. Resolution - Page 1 of 2 K. For the reasons articulated above, it is in the public interest to amend the NORP, Model Charter, and Limited Recognition Policy and to repeal the Guidelines as provided in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The City Council hereby adopts the Neighborhood Recognition Policy and Model Charter attached as Exhibit A to this Resolution and incorporated herein by reference. Section 2. Resolution No. 2554, Resolution No. 3745, Resolution No. 3746, Resolution No. 5140, and Resolution No. 5141 are hereby repealed. Section 3. Paragraph (1) of the Limited Neighborhood Organization Recognition Policy adopted by Resolution No. 4705 is hereby amended as follows: (1) Community organizations within the River Road and Santa Clara areas desiring to be recognized by the City shall submit their charters to City Council. To the extent possible, charters for those organizations shall comply with the Model Charter approved by the City Council and subsequent Council policy adopted for neighborhood associations. The City's Neighborhood Association Program staff will assist with charter revisions and adoptions as provided in the Neighborhood Organization Recognition Policy adopted by the City Council. Section 4. The City Manager is directed to provide copies of this Resolution to all City - recognized neighborhood organizations. Section 5. This Resolution is effective immediately upon its passage by the City Council. The foregoing Resolution adopted the 1311' day of May, 2024. X�t — Ylty Reco de Resolution - Page 2 of 2 Neighborhood Organization Recognition Policy Section 1. Neighborhood Association Purpose and Responsibilities a) Neighborhood Associations are advisory to the Eugene City Council and other City boards and commissions on matters affecting their area. Those matters can include land use, zoning, parks, open space and recreation, annexation, housing, community facilities, transportation and traffic, public safety, sanitation, and other activities and public services which affect their neighborhoods. Before being issued, opinions representing the views of a neighborhood association on those matters must be discussed in a meeting that is open to all residents and/or members. Approval of such opinions should follow the procedures adopted in the neighborhood association governing documents. Neighborhood Associations are not City boards or commissions subject to the requirements of section 2.013 of the Eugene Code (EC). b) Neighborhood Associations may address themselves to all matters which affect them and may establish relations, not in conflict with city -neighborhood relations set forth in this Policy, with any agency or jurisdiction with which they have mutual concerns. This Policy governs only the relationship between recognized neighborhood organizations and the City of Eugene. c) Each neighborhood association shall be governed by an elected board comprised of members of that neighborhood association. d) All neighborhood associations shall be governed by a charter adopted by the City Council. Neighborhood associations recognized by the City Council after the effective date of this Neighborhood Recognition Policy shall use the Model Charter attached as Attachment A to this policy. Board elections should be stated and held in accordance with the neighborhood charter with elections held between one and not more than three years for each board position. Notice of elections shall be promoted broadly so as to encourage any and all members to participate. e) All neighborhood associations (both new and existing) must include an equity statement in their charters. Neighborhood associations in existence as of the effective date of this Neighborhood Recognition Policy shall have until October 31, 2024 to provide the City Council with a proposed resolution amending their charters to include an equity statement. f) Neighborhood associations may work to develop plans and proposals for their area. Assistance from staff will be offered if City staff has capacity to assist neighborhood associations with such planning efforts. g) Neighborhood associations must inform residents about plans, proposals, and activities affecting their area. h) Neighborhood associations may use public funds to organize or sponsor neighborhood events and produce printed or electronic outreach in accordance with applicable policies for the use of public Funds. i) Neighborhood associations can submit requests or proposals for projects needed in their area to City staff. Those submissions must be filed with staff assigned to the Neighborhood Association Program to enable record keeping. They do not include requests for maintenance of existing infrastructure and questions regarding existing services, which should be submitted to the department and/or division responsible for the respective service provision. j) When the City has timely, neighborhood specific information that the City wishes to include in a specific neighborhood association's newsletter, that association must allow the City use of up to 25% of available space in printed and online communications that are financed with city funds and sent to residents. k) Neighborhood associations may fundraise and/or include advertising in publications consistent with local and federal laws to finance association activities. Section 2. City of Eugene responsibilities a) The city will provide funding and staff assistance to aid neighborhood association outreach and activities as long as funding is available and allocated through the City's budget process. b) The City will provide training for neighborhood association board members including an annual orientation to acquaint neighborhood leaders with City resources and functions. c) The City will notify neighborhood associations of land use, annexations, and development applications within their neighborhood boundary in accordance with the requirements in the City Code. d) The City will notify neighborhood associations of public hearings on land use, annexations, and development within their neighborhood boundary as required by the City Code. e) The City will notify neighborhood associations of proposed changes in City policies, projects, services, and activities with significant impact to their area with enough time to allow public participation in the decision -making process, according to general guidelines for community engagement or the community engagement plan adopted for specific policy change or project. f) Neighborhood Association Program staff will conduct a review of services and policies of the Neighborhood Association Program every five years. Section 3. Outreach to residents a) Neighborhood associations should distribute a minimum of 4 communications to members of their neighborhood area each year. A minimum of one communication shall be printed and mailed to every address within the boundary of the neighborhood association annually. In a year in which neighborhood association board elections are held, communications to members should include timely information on how to run for a board position, voting rights, and the election process and date. b) If a neighborhood association publishes content that significantly misrepresents official positions and proposals submitted for consideration by the City Council, staff will request that timely corrections be distributed to members. For background on any projects or policies included in the tentative agenda for upcoming City Council meetings, the neighborhood association can at its discretion request that staff provide statements of the official position or proposal. This request needs to be made at least three business days before the content is needed for inclusion in the neighborhood association's print or online communications. c) Neighborhood associations may present advocacy positions in an editorial format and must allow for the timely distribution of opposing neighborhood viewpoints from residents of the area and or members of the association. Section 4. Requirements for Maintaining Active Status and City Recognition a) Neighborhood associations must organize a minimum of two general meetings per year. b) Neighborhood associations must maintain at least the minimum level of communication with residents as described in Section 3. c) Neighborhood associations must submit a report of activities annually. A format for reporting to the City will be provided by Neighborhood Association Program staff. d) Neighborhood associations are required to hold elections consistent with their Charter and Bylaws and notify Neighborhood Association Program staff of any changes to their board, including contact information, within 14 days of change to board. e) If Neighborhood Association Program staff believes that a neighborhood association is at risk of becoming inactive, Neighborhood Association Program staff will notify the association and work with the association to develop a plan to help the association maintain its active status before using the procedures for listing the association under inactive status as described in this Section 4. f) If a neighborhood association fails to meet the requirements listed in subsections (a) through (d) of this Section 4, Neighborhood Association Program staff will: i. Notify members within the boundary of the neighborhood association that the neighborhood association is at risk of being labeled as "Inactive" and could lose formal city recognition status. ii. Organize a neighborhood meeting to discuss maintaining recognition and moving towards securing active status. iii. If a neighborhood association cannot meet the requirements listed in subsections (a) through (d) of this Section 4 within ninety days of the neighborhood meeting Neighborhood Association Program staff will move the association into inactive status. When a neighborhood association is moved to inactive status, the City is not required to provide official communication to the association and the association's access to program funding will be suspended. iv. A process to merge the inactive association with an active neighboring association can be considered if the criteria in Section 5 of this policy is maintained and it has been voted on by the general membership of the neighboring association. Section 5. Establishment and Recognition of Neighborhood Associations a) Interested parties must notify Neighborhood Association Program staff and schedule a publicized meeting for the purpose of creating, merging, or splitting a neighborhood association. Public notice must be given at least 30 days prior to such a meeting. b) The notification to Neighborhood Association Program staff described above must include the names and addresses of at least five people leading the effort to create a new neighborhood association, merge two neighborhood associations or split an existing neighborhood association. c) The notice and proposal for the creation of a new neighborhood association, the merger of two or more neighborhood associations or the splitting up of an existing neighborhood association must identify the boundaries that will result from the proposal. d) Neighborhood boundaries should not be defined by a sole private sector collective. (i.e. apartment complex, homeowners association or gated communities, etc.). There should be no fewer than 500 residential units within a proposed neighborhood association boundary. Neighborhood boundaries should not divide major natural or artificial barriers (i.e. river, major highway, etc.). New neighborhood boundaries cannot overlap existing recognized neighborhood boundaries without a vote of the existing neighborhood association. e) The neighborhood association shall be open to the total area and diversity of interests present in their area. f) Any resident, renter, or owner of property or a business located within a boundary of a neighborhood association may participate fully in that association without conditions. Neighborhood associations may choose to extend membership to employees of businesses and non -profits located within their boundaries. g) A new neighborhood association must create and submit a neighborhood charter with proof that the document was widely circulated in the proposed neighborhood association area. The charter will include the identification of the neighborhood association, its boundaries, criteria for membership, an equity statement, and its governing structure. The charter will be reviewed and adopted by the City Council as part of the recognition process. A model charter is included as Attachment A to this policy. h) Neighborhood associations will develop Bylaws that govern their operations and the implementation of their Charter. Neighborhood associations Bylaws do not need to be approved by City staff or the City Council but must be consistent with approved charters. i) If an existing neighborhood association boundary is not in compliance with the requirements of this policy, Neighborhood Association Program staff will: i. Propose a discussion of the criteria for neighborhood boundaries at a neighborhood general meeting and discuss options for the neighborhood association, which could include splitting, merging, establishing conditions to maintain current boundaries or timelines for future boundary reviews. ii. Work in collaboration with the neighborhood association to create a public engagement plan for feedback on any proposed actions to bring the association into compliance with this policy. iii. If compliance is not achieved through the process described above, staff may recommend the matter for consideration by City Council. Section 6. (Effective Date) This Neighborhood Organization Recognition Policy shall take effect on May 13, 2024. Attachment A: Model Neighborhood Association Charter ARTICLE I. NAME The name of this organization shall be ARTICLE II. GEOGRAPHIC BOUNDARIES The (Name of Neighborhood Organization) Shall encompass that area... ARTICLE III. PURPOSE Section I: The Neighborhood Association is advisory to the City Council and other City boards and commissions on matters affecting its area. Those matters can include land use, zoning, parks, open space and recreation, annexation, housing, community facilities, transportation and traffic, public safety, sanitation, and other activities and public services which affect their neighborhoods. The Neighborhood Association is not a City board or commission subject to the requirements of section 2.013 of the Eugene Code (EC).The Neighborhood Association must allow all residents and/or members to participate in discussions before issuing an opinion on those matters. Section 3: The Neighborhood Association opposes any act of discrimination and condemns bias on the basis of gender, race, ethnicity, national origin, age, sexual orientation or identity, education, economic or social status, or disability and will advocate for an equitable and welcoming neighborhood in which all can freely and safely participate, live, differ, debate, and grow. The Neighborhood Association supports the City of Eugene's goals of being a safe and welcoming community for everyone. Section 4: The Neighborhood Association shall serve in an educational capacity to inform, listen, and seek to understand the needs and desires of the neighborhood. The organization will encourage and facilitate communication and participation among the members on matters of common concern. ARTICLE IV. MEMBERSHIP Section 1: Membership is open to any resident, property owner, or business owner [18 years of age or older] within the boundaries described in Article II. [Neighborhood may extend membership to others living/working in the neighborhood] Section 2: Each property owner who is an individual shall be entitled to one vote. Each corporation, partnership, nonprofit agency, or business member shall be limited to one vote. Section 3: The voting process shall be inclusive and open to all members and articulated in the bylaws of the organization. Section 4: There shall be no absentee voting or voting by proxy. ARTICLE V. GENERAL MEMBERSHIP MEETINGS Section 1. General membership meetings shall be held at a time and place to be established by the Neighborhood Association Board. Such meetings shall be held twice each year at a minimum. An annual event may be considered as one of the general meetings. Section 2. A quorum of the general membership shall be as stated in the bylaws. Section 4. All members shall have an opportunity to participate in the general membership meetings. Section 5: Notice of general membership meetings shall be given by way of electronic outreach, social media, posted signs, printed materials, website, or any combination of outreach mechanisms. ARTICLE VI. NEIGHOBRHOOD ASSOCIATION BOARD Section 1: a. The Neighborhood Association Board (Board) shall consist of the officers of the organization elected democratically during a general membership meeting that has been publicized to the general membership. Officer descriptions and roles shall be outlined in the bylaws. b. The Board shall include a minimum of 5 (five) members. c. The Board elections process and timeline shall be articulated in the bylaws and must occur every year(s). [Select between 1 and 3]. d. Subcommittees may be formed at the discretion of the Board. Section 2: The Board shall strive for inclusivity and equitable access to processes and decision making. Meetings shall be posted and accessible, including virtual access if requested or decided on by the membership. Section 3, The Board may present the Neighborhood Association's opinions to the City Council, Planning Commission, and/or other appropriate decision -makers. Such advisory opinions will specify whether the position is one of the general membership, the Board, a committee, or by organization members present and lacking a quorum. If there is a minority position on the issue, represented by at least one- third of those voting, this shall also be presented. Section 3. The Board will be responsible for: establishing the time, place, and agenda for board meetings, general meetings, and events; ensuring reasonable advance notice to members; and providing an opportunity to participate in the planning and organizing of these activities. ARTICLE VII. NOMINATION, ELECTION AND REMOVAL OF OFFICERS AND BOARD MEMBERS Section 1. The officers of the organization and any additional Board members shall be elected by a majority of those in attendance at a general or annual meeting. The membership will be notified of the meeting and invited to participate in the election a minimum of 30 days in advance of the meeting. The terms of office, including elections, filling vacancies and removal of officers, will be identified in the organization bylaws. ARTICLE VIII. BYLAWS Section 1. Bylaws shall be established by the Neighborhood Association that define how the Neighborhood Association conducts business. Items addressed in the bylaws shall include at a minimum: • Board Member positions and descriptions for each position. • Timing and process for elections. • Process for filling vacancies and for vacating positions mid-term. • Meetings: o Definition of quorum: ■ General Meeting ■ Board Meeting o Process for conducting the business of the meeting. (Robert's Rules of Order is recommended.) o Number of general meetings each year. o How often the board will meet. Section 2: Bylaws shall be approved and adopted by vote at a publicized general membership meeting. ARTICLE IX. OUTREACH Section 1: The Board shall have the ultimate responsibility for content included in outreach materials and media, both electronic and in print. ARTICLE X. FINANCES Section 1: The Board shall establish a fiscal process including budgeting, expenditures, authorizations, and an internal fiscal control system. Section 2: The process for approving and allocating Neighborhood Association funds outside of funding that may be allocated by the City shall be outlined in the bylaws. ARTICLE XI. AMENDMENTS AND CHARTER REVIEW Section 1. This charter may be amended by a two-thirds vote at any general membership meeting. Written notice of the proposed charter amendment shall be given to the general membership prior to the meeting. Charter amendments shall not take effect unless and until approved and accepted by resolution of the City Council,