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HomeMy WebLinkAboutCCMinutes - 09/15/04 WS MINUTES Eugene City Council Work Session McNutt Room--Eugene City Hall September 15, 2004 5:30 p.m. COUNCILORS PRESENT: Bonny Bettman, George Poling, Scott Meisner, David Kelly, Betty Taylor, Jennifer Solomon, and Gary Pap~ (listening via telephone, but not voting). COUNCILORS ABSENT: Nancy Nathanson. His Honor Mayor James D. Torrey called the meeting of the Eugene City Council to order. A. WORK SESSION Discussion of Proposed Lane County Public Safety District Assistant City Manager Jim Carlson explained that the work session was intended to discuss the impact of current budgetary constraints on public safety, and primarily prosecution, as the District Attorney's office had been forced to make reductions which had impacted the types of cases that were prosecuted. He said the new District Attorney had reviewed the types of cases that were going to be considered in circuit court and had determined the City was adequately served by the available prosecution and court services. However, he asserted there were still long-term structural issues related to the overall public safety system and many of those were at the County level. He stated the County had problems related to its revenue sources. He invited County Commissioner Bobby Green and County Sheriff Jan Clements to speak on a proposal the County had begun developing on the formation of a countywide public safety district. Ms. Taylor arrived. Commissioner Green thanked the City Council for the opportunity to discuss the proposal for a public safety district. He assured the council that the County was not asking for anything except for the opportunity to call upon the City Manager and the Police Chief for information that would help the County in the formation of such a district. He said the County was taking two approaches and the public safety district was one of them. He stated that the Board of County Commissioners had formed a Service Stabilization Task Force, comprised of nine citizen members, and it had met twice thus far. He read the charge of the citizen group aloud to the council, which was to help the County live within its means on an annual basis, to look at how to reduce the cost factors which drive the deficit, and to ;;right size" the organization, i.e. find the size that best meets need in service delivery stabilization. Included in the task force's charge, he said, was formula- tion of a recommendation on how many years the County should engage in the strategy that may ultimately come from its work. MINUTES--Eugene City Council September 15, 2004 Page 1 Work Session Commissioner Green said one option was to pursue revenue. He added that, whatever option came before the board, he wished to know what the implications were of that option. He expressed his desire to avoid any unintended consequences. He stated that a law enforcement district was different from a public safety district. Commissioner Green distributed copies of the Lane County, Oregon; Five-Year General Fund Forecast. He called attention to the gap between the rising costs and revenue, which was not increasing at the same pace. He said the County was seeking a minor amendment to the Metro Plan that would address the components of the services that Lane County already provided, including corrections, parole, and the Department of Youth Services. He added that the minor amendment did not address the issues incurred by growth, but rather the issues inherent in the function of County government. He noted that the County had not been able to increase its tax base, in spite of rapid population growth. He said the City of Eugene received approximately $7 per $1,000 in real value, the City of Springfield combined with Willamalane Recreation District received $6.71 per $1,000 in real value, while Lane County was trying to provide services at $1.27 per $1,000 in real value. He called this a "huge disparity" in rates. Commissioner Green called his visit to the council a preliminary courtesy call, adding that he had spoken to the City of Springfield on Monday. He related that the City of Springfield had recommended that the scope be kept very narrow. He noted that one suggestion had been to charge for police services. He objected to this as the ability to pay should not weigh into the provision of public safety services. Commissioner Green remarked that the County commissioners were not so naive as to believe that the voters would automatically respond to the proposal. He said the case would have to be made for the benefits to the public. Sheriff Clements conveyed his appreciation to the council for the opportunity to talk about this concept. He said the County sought to remove impediments to the formation of a County Public Safety District with a permanent and dedicated rate. He called it a "concept only" at this point in time. He noted the track record for passage of money measures at the county level had not been good. He felt formation of the district would be a fundamentally different approach that would provide a consistent level of service and a measure of control over public safety services because of the dedicated funding. Sheriff Clements said the County services included youth services, incarceration, intervention, and treatment. He noted that the juvenile justice center was only running at one-third of its capacity. He commented, regarding adult incarceration, Police Chief Lehner and the Eugene Police Department found it lamentable that the Lane County Jail was not able to hold the people the police booked into custody. He said presently the adult correctional facility was the holding facility of the last resort. He stated that, because of the degradation of State financing for community-based mental health issues and alcohol and drug detoxification, the County wound up having to take custody of people afflicted with those problems. Sheriff Clements related that, based on a Lane Council of Governments (LCOG) study in 1998, it was suggested that, even if the County was running at full capacity, which it is not, another 300 beds would be needed in the adult correctional facilities by 2003. He pointed out that the dearth of adult correctional capacity meant that people who were booked became repetitive problems as they did not show up for court dates and were not able to be adequately sentenced or sanctioned by parole and probation. He said prosecutorial services and the District Attorney's office were not able to adequately handle the volume of the caseload. He noted that a parole or probation officers considered a caseload of 75 to be heavy, but now MINUTES--Eugene City Council September 15, 2004 Page 2 Work Session were faced with caseloads of 100 and much greater. Regarding rural patrol, he thought it possible to have a split rate for those who lived rurally and those who lived in the urban area. Sheriff Clements closed by stating that a ';whole lot of work" needed to be done to remove the impediments to the possible formation of a public safety district. He said if the County did not get the Metro Plan corrected the timelines would be so compacted that the district would not be able to be placed on the ballot in 2006. Commissioner Green encouraged the council to think of public safety as a system. He said budgeting for more police officers added to the District Attorney's work load in terms of charges being filed and increased the work at the County Jail. He noted that included in the County's three-prong approach, along with the formation of the task force and the proposal for the public safety district, was the possibility that the County would have to continue reducing its services. He indicated that he did not support further reductions in services. Commissioner Green related that the board had just adopted a resolution declaring September 2004 to be Alcohol Recovery Month in order to promote treatment. He acknowledged that there was not enough money spent on substance abuse treatment, though it was well-known that such treatment worked. Mayor Torrey opened the floor for questions and comments. Mr. Meisner commented that the district would be property tax-based and the voters were consistently resistant to property taxes. He lamented that Ballot Measures 47 and 50 had eliminated the tax base ~forever." A fire alarm caused the meeting to evacuate for approximately ten minutes. Mr. Kelly asked what made the commissioners believe they could convince voters to support the district. Commissioner Green responded that he wanted to place the information before the voters and had a fiduciary responsibility to do so. He said he would campaign for the district by speaking a great deal on the benefits of such a district. Sheriff Clements commented that the County was approaching the issue with a reasonable timeline. He opined that past bond issues had not been allowed enough time. He said the County needed to be careful to give the right message and thought that the fact that it would be funded by a permanent rate would be helpful. Mr. Kelly expressed reluctance to act on anything prior to seeing the report from the task force. Commis- sioner Green responded that the report would be completed at the end of October. In response to another concern expressed by Mr. Kelly, Sheriff Clements assured him that governance of the district was mandated to fall under the jurisdiction of the Board of County Commissioners. He said this could only be changed through a legislative decision. Ms. Taylor remarked that she was leery of special governments. She asked if the Springfield jail would affect Eugene. Sheriff Clements replied that the clientele the Springfield jail would address was fundamen- tally different than the clientele of the County jail. He felt that building the jail in Springfield would MINUTES--Eugene City Council September 15, 2004 Page 3 Work Session influence voters there not to support the public safety district, as they would perceive their jail needs as having been met. Sheriff Clements supported general purpose governments, but recognized that property tax measures had caused an inequity between expenditures and revenues. He predicted a variety of benefits would accrue from the formation of such a district, and that the EPD would still have authority in the areas it wished to have authority in such as the Interagency Narcotics Enforcement Team (INET). Commissioner Green voiced his support for general purpose governments over single purpose governments. He said the Board of County Commissioners tried to be all things for all of the County residents as a general purpose government. He stated that, with full funding, this would not be a problem. Demands, however, had exceeded revenue. City Manager Taylor raised the problem of compression. He noted that the City of Cottage Grove had already reached compression. He asked what the role of the Public Safety Coordinating Council (PSCC) was and how its work plan to look at system gaps and needs was being utilized. Commissioner Green said compression was a reality that the commissioners would have to address. He thought a public safety district would not put the local jurisdictions into compression. Ms. Taylor related that she had heard that the State had taken back responsibility for the parole and probation departments in some cases. Sheriff Clements replied that the State had taken it from some counties, but was not likely to assume the responsibility in the case of Lane County. He noted that, when the State did so, those counties lost the revenue for those services. Ms. Taylor asked if the County would eliminate the fees for park usage if there was more money for public safety through such a district. Mr. Green said it was a consideration. Ms. Bettman expressed concern that a public safety district would only increase taxes. She opined that separate jurisdictions increased the ~layers of bureaucracy." She suggested that the current budget be reprioritized and that other revenue sources be explored. She asked why the commissioners would not seek an advisory vote prior to seeking an amendment to the Metro Plan and presenting it before the Lane County Local Government Boundary Commission. Commissioner Green called this a good suggestion. He felt that past history indicated a situation so dire, he felt fairly certain what the vote would be. He predicted that asking the people if they wanted public safety would net a ~yes" vote and asking them if they want to pay for it would net a ~no" vote. Mr. Kelly, seconded by Ms. Bettman, moved to extend the discussion by five minutes. The motion failed, 4:2; Ms. Bettman and Mr. Kelly voting in favor. Mr. Meisner, seconded by Ms. Bettman, moved to extend the discussion by ten minutes. The motion passed, 4:2; Ms. Taylor and Mr. Kelly voting in opposition. Mr. Kelly opined that something fundamentally different needed to happen in how services were provided. He noted that prevention and treatment were the best long-term usage of public safety dollars. He recommended a significant increase in those components of public safety be incorporated into the district. MINUTES--Eugene City Council September 15, 2004 Page 4 Work Session Mr. Meisner agreed that the scope of a public safety district should be narrow. He said it had been argued that the entire City contribution to the Health and Human Services budget was for public safety. He underscored the need to be very clear to the public what the district would provide. Mr. Meisner shared his skepticism regarding special districts. He called it short-sighted to create a district with only a property tax base. He felt that ultimately the district would have to seek serial levies. Ms. Bettman reiterated her recommendation to consider an advisory vote. She felt strongly about the split rate as urban residents would not want to feel that they were subsidizing rural residents. She would, however, consider the district as an option should it be very narrowly defined. Commissioner Green said that the County had a strategic plan and had reprioritized its budget so that critical services were allocated money first. He said the County was open to input and welcomed emails and letters from the councilors. Ms. Bettman said two things came to her mind, one of which was the assessment of systems development charges for public safety. The other thing that she wished to bring up was the bridge widening project at Mount Pisgah, which had cost $1.6 million. She stated that it may be different "pots" of money but it all came from the same source, the taxpayer's pocket. She opined that this alienated voter support for tax measures. Commissioners Green responded that the County commissioners relied on the councilors to explain to their constituents the restriction of such funds. He said he counted on councilors such as Ms. Bettman to differentiate transportation fund dollars and general fund dollars for the voters, because the general public had only a rudimentary knowledge of funding sources and the restrictions placed upon them. He expressed appreciation for the council's efforts to enlighten voters. Mayor Torrey asked what was "in it for us." He thought the biggest question that needed answering was when the rural residents would be satisfied with a fix to the public safety problem. He asserted that, until rural residents were satisfied, no such district would meet voter approval. He wanted the problem fixed because the criminal activity did not observe boundaries such as city limits. He expressed a willingness to have the entire County be under one public safety department. Commissioner Green reiterated his appreciation for the opportunity to speak to the council. He related that a Springfield councilor had suggested that the County was "playing a shell game with the money." He stated that in order to play such a shell game, one had to have the money to hide and the County did not have it. B. WORK SESSION: Draft Ordinance for Motor-Assisted Scooter Regulations Ms. Bettman, seconded by Mr. Poling, moved to direct the City Man- ager to draft an ordinance to ban motorized transportation devices from all City-owned, off-street paths, prohibit the use of such devices in a manner that disturbs the peace and requires Eugene merchants to make certain disclosures related to the sale of motor-assisted scooters. MINUTES--Eugene City Council September 15, 2004 Page 5 Work Session Mr. Meisner voiced his support for the motion. He shared his chief concern which was how the ordinance would be enforced. He noted he had witnessed motorized scooters ridden by children without helmets only the previous day. Police Sergeant Derel Schulz said these violations were enforced and would continue to be enforced when witnessed by police officers. Mr. Meisner recommended that Sgt. Schulz make the council aware of what sorts of resource needs the ordinance would create. In response to a question from Mr. Meisner, Sgt. Schulz said it was in the vested interest of the retailers who sold scooters to provide complete information to people who were going to purchase such scooters. Within the noise constraints that had been discussed and the wish for such vehicles to remain on roads, Mr. Kelly felt the City owed it to users to improve the on-road conditions for them. He suggested it would be a good time to assess what critical roads lacked bicycle lanes. He also suggested there be a distinction between electric and gasoline powered scooters, as the electric scooters were substantially quieter. Sgt. Schulz commented that one unique element of Eugene was the miles of multi-use paths. He felt there was a clear desire by users of the paths to keep them for human-powered vehicles only. He added that making a distinction between gasoline and electric would make enforcement more difficult as there were so many variations in the designs of the scooters. He also felt there were safety issues created by any machine operating in the same area as human-powered devices. He strongly recommended using the term ~motorized transportation device" in order to cover any future developments in scooter technology that might be difficult to categorize. Mr. Poling remarked that one could not legislate against stupidity, which he felt to be the largest problem. Regarding the distinction in sizes, he remembered from his experience in law enforcement that brake displacement had been the defining qualification for a motorcycle to travel on the freeway. Because of this, he preferred a simple definition to one that might be harder to discern from a distance. He did, however, wish to encapsulate in language exceptions for motorized devices for people with mobility issues. Mr. Poling noted he had witnessed street vendors selling scooters. He recommended including language that would apply to them. Ms. Bettman echoed the comments of her colleagues. She concurred with Mr. Kelly regarding upgrades to transportation facilities to meet the needs of the new laws. Ms. Taylor supported the motion. She thought the ordinance should go further and disallow gas-powered vehicles from bicycle lanes. She felt they posed a hazard to bicyclists. City Manager Taylor remarked that he had never seen more lively community discourse on a topic. He felt the ordinance would add to the capacity for regulations for such vehicles. He added that it was still the responsibility of parents to ensure that their children ride such vehicles safely. Sgt. Schulz recognized that, though the public had been provided an opportunity to speak on this issue, it had been during the summer break for the University of Oregon and Lane Community College. He advised the council to provide an opportunity for students to provide input. MINUTES--Eugene City Council September 15, 2004 Page 6 Work Session Ms. Solomon also supported the motion. She did not agree that there should be delineation between electric powered and gasoline powered scooters. Ms. Solomon asked how noise levels would be enforced. Sgt. Schulz replied that language had been included to empower someone with reasonable sensibilities to be able to make a complaint about noise. City Attorney Kathryn Brotherton said it would be regulated in the same manner as other noise disturbances. Ms. Solomon guessed that most riders were school-age children. Sgt. Schulz said, according to his personal experience, the children had not been the majority of problem riders. He related that he had conversed with the school resource officers on circulating the information regarding regulation for scooters. Mr. Kelly reiterated that displacement from off-street paths warranted improvement to the on-street transportation facilities. He asked staff to look into electrically assisted bicycles and provide comment. He opined that they fundamentally felt like a bicycle. Sgt. Schulz commented that it was difficult to catch up with an electrically assisted bicycle on a regular bicycle. He said the chief concerns had been to regulate behavior including noise and speed. He stated that once such a device was set into motion, it was irrelevant what it ran on. Mr. Poling agreed with Sgt. Schulz that college students should be provided an opportunity to provide input. Mr. Meisner wondered if all jurisdictions chose not to license or regulate such devices. Sgt. Schulz replied that numerous police agencies in this State that interpreted the 'grant privilege' laws through the Department of Motor Vehicle to cover all motorized vehicles and were citing people for driving such devices without a license. He said currently the City of Eugene was not comfortable with issuing citations for such things. Mr. Meisner suggested looking on the Web to find how other jurisdictions were handling them. Ms. Brotherton commented that regulations varied greatly. She cited a city in Arizona that had banned the scooters outright and the State of Texas which required a person to be nine years old in order to ride them. In response to a question from Ms. Taylor, Sgt. Schulz clarified that the application of driver's license regulations was only brought into play should a person's license be suspended, as this was a suspension of the grant authority that gave a person the power to operate a vehicle. Mayor Torrey called for the vote. The motion passed unanimously, 6:0. Mayor Torrey adjourned the meeting at 1:27 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES--Eugene City Council September 15, 2004 Page 7 Work Session