HomeMy WebLinkAbout11/16/1987 Meeting
M I NUT E S
e Eugene City Council
Dinner/Work Session
Wilder Room--Eugene Community Conference Center
November 16, 1987
5:30 p.m.
COUNCILORS PRESENT: Debra Ehrman, Freeman Holmer, Jeff Miller, Emily Schue,
Ruth Bascom, Cynthia Wooten, Roger Rutan, Robert Bennett.
The work session of November 16, 1987, of the Eugene City Council was called
to order by His Honor Mayor Brian B. Obie.
1. NO CRUISING ORDINANCE
City Manager Micheal Gleason introduced the item. Sergeant Tom Mason of the
Police Traffic Team presented the staff report. Mr. Mason revi ewed the
history and current situation of cruising by youth on South Willamette Street,
the IIGut.1I He also reviewed the proposed draft of an ordinance to prohibit
cruising, projected costs of enforcement, and experiences of how other cities
had dealt with cruising.
Mr. Mason said cruising by youth on south Willamette Street had occurred for
e many years and recently had resulted in severe impacts on the quality of life
for residents and businesses in that area. He said he had been involved with
traffic enforcement on the "Gut" for about seven years. During that time,
enforcement had taken a three-phased approach, which he described as:
1) containment of activity through traffic control devices such as signs and
barriers; 2) education and enforcement contacts with youth; and 3) selective
enforcement of existing laws. Mr. Mason said recent cruising activity had
required more police efforts than any other area except for narcotics, and
responses had not been effective in dealing with complaints, which still were
being received from nearby residents.
Mr. Mason noted that residents in the area near McMillan Street, Portland
Street and 24th Avenue in May of this year had submitted a petition requesting
signs to redirect traffic. He said those signs had been installed and had
been successful in reducing problems in the neighborhood. Residents east of
Willamette Street then had begun complaining, however, and recently a group of
youth had gone on a spree, smashing several automobi 1 e wi ndows in the
residential neighborhoods west and north of Willamette Street.
Mr. Mason said the City of Portland on March 26 had adopted a no-cruising
ordinance based on a similar law in Los Angeles, California.
Mr. Mason reported that the Eugene "Gut" on September 11 had moved from
Wi 11 amette Street to West 11th Avenue. He exp 1 a i ned that the move had
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 1
occurred in response to distribution of a flyer that was similar to other
guides encouraging responsible behavior. Mr. Mason said complaints and police
e redeployment had followed the cruisers to their new location, and several
businesses along West 11th had hired private security staff. He added tha t
some restaurants in the area were closing early in order to avoid the messes
and vandalism caused by cruisers.
Mr. Mason said several other cities that had passed anti-cruising ordinances
included Phoenix, Arizona; Los Gatos, Walnut Creek, and Los Angeles,
California; Newark, Delaware; Greensville, South Carolina; and Georgia had a
statewide ordinance. He also noted that Everett and Renton, Washington
recently had passed ordinances, and he said Salem was considering an ordinance
in order to prevent spillover from Portland. Mr. Mason said the success of
ordinances varied depending on police tactics and the size of the city. He
added that in several cities, including Portland, the media publicity over
passage of the ordinance effectively had dispersed most cruisers from problem
a rea s. Mr. Mason added that some relocation of cruising apparently had
occurred in Portland after passage of the ordinance, but the relocation was
creating no enforcement problems, and the City was saving IIliterally thousands
of dollarsll in regular and overtime wages. He said regular patrols for
staffing the IIGutll on Friday and Saturday nights during the previous 12 months
had cost the City of Eugene about $25,000, not including overtime, signing, or
disruptions to residents and businesses. Mr. Mason added that the IIGutll
currently was patrolled by traffic enforcement officers, and as a resul t,
attention to other traffic enforcement problems had suffered greatly.
Responding to Ms. Ehrman's question, Mr. Mason said as many as six or seven
officers sometimes were assigned to the "Gut" between 9 p.m. and 2 or 3 a.m. on
e busy weekend nights during the summer. He added that weather was an important
factor in determining the amount of "Gut" activity.
Ms. Wooten asked about the extended history of cruising in Eugene. Mr. Mason
said cruisers had been active on Willamette Street since the 1940s and 1950s.
Ms. Wooten asked about the typical number of cruisers on a fall weekend night.
Mr. Mason said City staff about five years ago had measured 12,000 passes
through the intersection at 29th and Willamette from 9 p.m. to 1 a.m.
Ms. Wooten asked whether similar numbers were cruising on West 11th. Mr.
Mason said the cruisers had not relocated to West 11th completely and
immediately, but during subsequent weekends, activity at Willamette Street
had been declining almost to nothing. He said the number of cruisers had been
diminished by the relocation. He added, however, that he was concerned about
the activity returning to Willamette Street next spring and summer.
Ms. Wooten asked what activities would be available to youth if cruising was
displaced as a traditional activity. Mr. Mason said other cities with
ordinances had experienced no perceptible increases in activity elsewhere
within the city. He added that the relocation of cruising in Portland had
been so small that it was causing no problems for police.
Mr. Bennett said he recently had visited Portland and had noticed large
gatherings of youth in the parking lots there. Mr. Mason said Portland police
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 2
had not mentioned any problems, except for perhaps increased foot traffic in
the parks, which created no policing problems. He added that police in Eugene
e currently used the trespassing ordinance to prevent gatherings in private
parking lots covered by enforcement agreements.
Mr. Mason noted that the proposed ordinance was based on similar ordinances
passed in Portland and in Los Angeles. He said the ordinance would require
designation of a traffic-congested thoroughfare and appropriate signing, with
hours of enforcement to be from 9 p.m. to 5 a.m. Mr. Mason said the driving of
any motor vehicle past any given point in the area more than two times in a
two-hour period would constitute a violation. He added that the maximum fine
for violations was $150, and a second or subsequent violation on the same date
would authorize police to impound the violating automobile.
Mr. Mason reported that he had discussed the ordinance with City Prosecutor
Dan Barkovic, who had been in contact with Portland City attorneys. Mr. Mason
said no challenges to date had been filed against the Portland ordinance. He
added that no challenges or appeals to ordinances in other cities had been
successful. He said the City Prosecutor felt that the ordi nance was
constitutionally sound, and he added that contacts with other cities were
continuing.
Mr. Mason said the main costs of the ordinance would be for signing and
equipment, and current officer assignments would provide sufficient staff for
enforcement. He noted that the success of ordinances in other cities depended
on the size of the city and on police tactics used for enforcement. Mr. Mason
said he believed the appropriate signing, public education through the media,
and use of proper enforcement tactics could offer a solution to long-standing
e problems created by cruising. He said he thought it was important to remember
that cruising might not remain only on West 11th, and he believed the anti-
cruising ordinance could be an effective tool in dealing with problems of
cruising wherever they occurred.
Ms. Ehrman asked about plans for implementation and enforcement of the
ordinance. Mr. Mason said the ordinance was directed at the motor vehicle
itself; therefore, drivers could not switch to avoid a violation. He said a
computer program for tracking vehicles already was in use in South Carolina,
and a copy of the program was available and could be modified for use in
Eugene. The program would be operated by officers using a lap computer, he
said, adding that the devices cost about $450 each, and one or two should be
sufficient.
Mr. Miller asked whether current tools provided sufficient penalties for
unacceptable behavior. Mr. Mason said enforcement contacts sometimes were
effective. He said many complaints from residents could not be answered soon
enough to dea 1 with them, and overa 11 problems continued regardless of
enforcement action under current laws.
Mr. Mason said a total of 1,044 calls for service had been received over 32
weekend nights during the summer of 1987, May through August. He said 784 of
those calls had been initiated by officers, and 260 had been initiated by
citizens, for an average of 24.5 calls per night.
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 3
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Mr. Rutan asked about the percentage of cruisers who were causing problems.
Mr. Mason said problems such as congestion, noise, and littering were created
e by all cruisers. He added that laws probably were violated by less than 50
percent of cruisers. Mr. Rutan said he thought everyone would like to see the
situation dealt with, but he asked whether some behaviors were better not
legislated against. Mr. Mason said experiences in many other cities had been
that passage of the ordinance, along with posting of signs and publicity, had
resolved enforcement problems. Responding to Mr. Rutan's question, Mr. Mason
said he personally gave the proposed ordinance his unqualified support. He
added that the police for years had tried to deal with problems of cruising
through the three-phased approach he had described earlier. He said that
approach had not worked, and the resources going toward those efforts could be
spent elsewhere. Mr. Rutan asked whether the ordinance included a test
period. Mr. Mason said that was not included in the draft, but it could be
added to the final proposal.
Ms. Bascom expressed concern that the ordinance would apply to non-cruisers in
the area, and she asked how that was addressed by the proposal. Mr. Mason said
the ordinance provided exceptions for: 1) publicly owned vehicles; 2) public
transportation; and 3) other vehicles granted exemptions by the chief of PFES
for medical or commercial reasons (e.g. pizza delivery vehicles). Councilors
asked whether exemptions woul d require applications. Mr. Mason said he
thought officers could use discretion. He added that other types of vehicles,
such as antique car rallies, could be handled through the City parade permit
process. Mr. Mason said residents who lived in the congested areas could use
alternate routes as necessary to avoid violations.
Ms. Bascom said she thought experience had shown that displacing teen problems
e resulted in their reappearance somewhere else. Mr. Mason said the idea of
containing and controlling the problem was not resulting in an effective
dep 1 oyment of police offi cers, whi 1 e the department was ope rat i ng under
limited resources.
Mr. Holmer asked whether the ordinance allowed designation of more than one
congested thoroughfare. Mr. Mason said he thought one advantage of the
ordinance was that it allowed the PFES chief to designate and post problem
areas as circumstances changed.
Ms. Wooten asked whether police had reviewed the draft ordinance with the
Commission on the Rights of Youth. Mr. Mason said he had, but he did not
believe their concerns had been allayed. He said the commissioners had agreed
that cruising was harmful to the environment and the community, but they had
favored establishing alternative social functions for the age group.
Responding to Ms. Wooten's question, Mr. Mason said he thought many activities
were available to youth. He said he thought it was unfortunate that South
Willamette Street had developed a reputation as a destination for youth, many
of whom came from outside the city. Mr. Mason said a profile done about three
years ago had shown that slightly more than 50 percent of violators were from
outside Eugene.
Ms. Wooten asked about the process of enforcement by computer tracking of
license plates. Mr. Mason said officers would enter the license numbers of as
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 4
many passing cars as possible. Ms. Wooten asked whether impoundment of the
vehicle was not an extreme penalty, particularly for youth, who might be from
e outside the area, and given other concerns about towing practices. Mr. Mason
said he did not think the penalty was excessive because it would apply only to
the second violation on the same date. Ms. Wooten asked whether other cities
had experienced criticisms about seizure of property without due process. Mr.
Mason said impoundment of a vehicle did not constitute seizure of property
because the operator of the vehicle already would have demonstrated an
unwillingness to comply with the ordinance. He said he felt the impoundment
provision was appropriate for the circumstances.
Mr. Gleason said it was typical of many towns for cruisers to come from
outside the area. He also said a substantial percentage of cruisers were
older, and he thought the ordinance would be effective in eliminating the
"critical mass" that resulted in problems.
Mr. Miller asked whether it was possible to limit enforcement to disruptive
and illegal activities. Mr. Mason said current Oregon laws did not allow
impoundment of vehicles for traffic violations.
Responding to questions from Mayor Obi e, Mr. Mason said he thought most
communities had some cruising activity. He estimated the average population
of summer cruisers in Eugene to be about 1,500 to 2,000 people per night.
Mayor Obie asked about the savings in enforcement costs if the problem were
non-existent. Mr. Mason said he believed the indirect impact would be large,
but exact figures were unknown. He said that as supervisor of the Traffic
Enforcement unit, he did not believe the city was receiving the quality and
e attention to traffic enforcement that it should, which resulted in many
accidents that otherwise might not occur. Mr. Mason said documented studies
showed that vigorous traffic enforcement aimed at the types of violations that
caused accidents would have an impact on accident and injury rates. He added
that a maximum of six or seven officers sometimes was assigned to the IIGut."
Mr. Gleason said direct cost savings would be about $25,000, plus another
$5,000 to $10,000 for related costs such as overtime and court expenses. He
also said the opportunity cost of lost redeployment was not possible to
calculate but was substantial.
Mayor Obie said he thought the council should consider whether cruising was a
luxury the community could afford.
Ms. Wooten asked about the costs of enforcing the proposed ordinance. Mr.
Mason said he thought the same number of officers could be assigned to the
area. He agreed with Ms. Wooten's observation that the resource commitment
would not decline until the problem began to dissipate. Mr. Mason said other
communities had experienced a drop in activity as soon as two weeks after
passage of an ordinance.
Ms. Schue said she thought a public hearing was needed. She noted that the
proposed elimination of the "Gut" differed from past approaches, which had
been attempts to contain and control problems. She said she thought
elimination of cruising was a wonderful idea, but she had some concerns about
the current proposal.
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 5
Mr. Bennett asked whether the "Gut" in Portland was located downtown. Mr.
Gleason said Portland cruisers recently had used 82nd Street, but they used to
e gather downtown on Broadway.
Mr. Bennett said he had "crui sed" Wi 11 amette
Street as a youth and he
considered it a relatively harmless social activity as long as it was located
in commerci a 1 areas. He also said he thought a small percentage of people
would cause problems regardless of where they were. He asked whether the same
issues arose when cruising occurred downtown as when it occurred in
residential areas. Mr. Mason said all of the cities he had examined reported
complaints about conduct. Mr. Gleason said the number of cruisers now was
significantly greater than it had been fifteen or twenty years ago. He said
that number reached a "critical mass" at which problems went beyond nuisances
and became difficult to contain. Mr. Gl eason added that "gangll and other
events had occurred in several major cities and even in some smaller cities.
Mr. Mason said cruising in and of itself created mostly minor problems, but it
also created an atmosphere that set up the youth of the community to be
victims. He said persons had been involved in knifings, assaults wi th
baseball bats, burglaries, and some very brutal rapes.
Several councilors said they, too, had participated in cruising as youths.
Mr. Holmer said he had not been involved in cruising.
Ms. Ehrman said she agreed that costs should be considered. She said she also
was concerned about selective enforcement only when the ordinance first was
passed or based on computer checks of license plates from out-of-town. Ms.
Ehrman said she had heard from adult citizens who did not like the ordinance
and who intended to violate it. She added that she also was concerned about
e selective enforcement based on age. Mr. Mason said the entry computers would
not be connected to Department of Motor Vehicles information, and offi cers
would not have the time or motive to check on whether vehicles were local.
Ms. Wooten said she appreci ated the information and the rationale for
proposing the ordinance. She said she was extremely interested in holding a
public hearing prior to consideration of the ordinance. She said she
recognized the degree of inappropriate and perhaps mischievous behavior that
had an impact on others, but she favored allowing public comment and
amendments before voting on the proposal. Ms. Bascom said she favored holding
a public hearing on an ordinance proposal that could be altered or revised
after the hearing.
Mr. Gleason agreed to schedule a public hearing on the ordinance. Mayor Obie
thanked Mr. Mason for his report.
II. OTHER ITEMS FROM COUNCILORS
Mayor Obie offered councilors an opportunity to discuss items not scheduled
for action later tonight.
e MINUTES--Eugene City Council Dinner/Work Session November 16, 1987 Page 6
A. Council Goals Session
Ms. Wooten expressed her appreciation for the quality of exchange at the
~ recent goal-setting session. She requested information about the process for
developing ideas and participation related to the goal of social issues
mentioned by Mr. Bennett.
Ms. Bascom said the National League of Cities had provided a list of concerns
with a heavy emphasis on social issues, and she suggested using that list as a
basis for examining a process.
Mr. Bennett said he understood that a decision was to be made before the start
of the next fiscal year. He asked whether issues should be suggested by
staff, by a council subcommitteet by individuals, or by someone else. Mr.
Gleason said he favored all of the above. He said the council work plan could
include suggested social agenda processes as a work item for adoption by the
council. He added that processes would include a public information component
and options with and without a subcommittee.
Ms. Bascom said she thought Seattlel s participation in the "Year of the Child"
provided an interesting example of focusing on a particular issue.
Ms. Wooten suggested exploring similar efforts by other citiest specifically
with regard to the issue of Acquired Immune Deficiency Syndrome (AIDS).
Mayor Obie said he had been pleased with the goal sessiont which he had found
to be definitive and to work well. He noted that the facilitator had not taken
a high-profile, aggressive role. Ms. Bascom said she thought this had been
~ the best session. Ms. Wooten noted that the City had trained facilitators
.., availablet but she added that it sometimes might be better to have someone
unfamiliar with council issues.
The meeting was adjourned at 6:52 p.m.
Respe~ft
/"J:;;'Z _. 7b/
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Micheal D. Gleason,
City Manager
(Recorded by Leslie Scales)
mnccno16
4It MINUTES--Eugene City Council Dinner/Work Session November 16t 1987 Page 7