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HomeMy WebLinkAbout02/08/1989 Meeting e e e M I NUT E S Eugene City Council McNutt Room--City Hall February 8, 1989 11:30 a.m. COUNCILORS PRESENT: Ruth Bascom, Roger Rutan, Robert Bennett, Shawn Boles, Debra Ehrman, Freeman Holmer, Emily Schue (after 12:40 p.m.). The adjourned meeting of February 6, 1989, was called to order by His Honor Mayor Jeff Miller. Mayor Miller announced that agenda item II. concerning the Ward Six appointment would be delayed until the arrival of Councilor Schue. I. ITEMS FROM THE CITY COUNCIL, MAYOR, AND CITY MANAGER A. United Way Meeting Ms. Ehrman asked whether the council would be represented at a meeting to be held next week. She said she might be available if needed. B. Community Policing Ms. Ehrman reported that a workshop she attended in Boston and recent newspaper reports indicate that new trends in public safety include having police officers walk beats. Mr. Boles noted that the Public Safety Advisory Committee, Neighborhood Leaders, and the Citizen Involvement Committee should receive copies of the information referred to by Ms. Ehrman. Mr. Boles also said community-oriented policing is consistent with recommendations of the Crime Action Task Force and he asked for additional council consideration of the idea. Ms. Ehrman requested a final report on the use of additional officers on the mall during the holidays. C. Committee Assignments Ms. Ehrman suggested considering appointment of a new councilor. councilor could follow precedent there are particular assignments some committee reassignments following the Mayor Miller responded that the new and negotiate with individual councilors if he prefers. MINUTES--Eugene City Council February 8, 1989 Page 1 e e e D. County Roads Advisory Ms. Bascom said she would attend a meeting in Mayor Miller.s absence and would express the council's displeasure at the removal of Valley River Bridge and Highway 99 funding. E. Tree Commission Ms. Bascom reported that the commission would review EWEB1s tree program at its meeting February 9. She noted that EWEB now has an arborist and consideration is being given to a program that will offer removal and replacement with slower growing trees to owners of trees that require regular trimming. F. Legislative Reception Mr. Rutan reported that, despite inclement weather, more than 35 legislators attended the reception held in Salem last week. He said the event provided an opportunity for interaction with the Lane County delegation and other members of the Legislature. G. Wetlands Issues Mr. Rutan commended staff for its development of a State Legislative Agenda that will deal with the complex issues relating to wetlands. He added that wetlands will also have a place on the National Legislative Agenda. H. Council Agenda Mr. Rutan asked for reconsideration of the items scheduled for council consideration February 13 and expressed concern about the postponement of items for which people come to council meetings. Mayor Miller agreed to review the situation. I. Council Work Plan and Policy Decisions Mayor Miller affirmed that a new work plan would be generated at the Council Goals Session scheduled for February 17-18. Mr. Boles said he would send councilors an article about alternative ways of conducting analyses for public policy decisions. J. Sale and Possession of AK-47s Mr. Holmer reported that the Los Angeles City Council had voted unanimously to outlaw the sale and possession of AK-47 weapons. Mr. Boles moved, seconded by Mr. Holmer, to obtain a copy of the Los Angeles ordinance outlawing the sale and possession of AK-47 weapons. The motion passed unanimously, 6:0. MINUTES--Eugene City Council February 8, 1989 Page 2 e Ms. Ehrman questioned the need to limit such an ordinance to a single type of weapon, and Mr. Rutan mentioned that Portland is considering a similar regulation of assault weapons. Mr. Holmer said several examples of regulations should be reviewed. II. APPOINTMENTS: WARD 7 REPRESENTATIVE TO THE BUDGET COMMITTEE Ms. Bascom moved, seconded by Mr. Rutan, to appoint Cheryle Hawkins, 1350 Bailey, as the Ward 7 Representative to the Budget Committee for a term ending December 31, 1991. Roll call vote; the motion passed unanimously, 6:0. III. RECOMMENDATIONS FROM THE COUNCIL COMMITTEE ON COMMITTEES City Manager Mike Gleason introduced the item. Barb Bellamy, City Manager's Office, reviewed recommendations included in councilors' packets. e Ms. Ehrman asked whether the Mayor's Tree and Beautification Commission was intended to exist permanently. Ms. Bascom responded that beautification issues were being addressed in a number of ways so that part of the commission could be deleted. She recommended structuring the Tree Commission so members would have specific terms. Because different citizen effort is required for Joint Parks Committee issues, she would not recommend combining the two groups. Ms. Bascom agreed to continue monitoring policies relating to tree issues. Ms. Ehrman pointed out a misprint in the number of members being recommended for the Refuse and Recycling Board: it should increase to five, not seven, members. Mr. Boles suggested expanding the charge of the task force being formed to review the structure of the human rights commissions. He felt the group should pursue a variety of alternatives and he also recommended that the interest groups represented on the task force should include the current commissions as well as other interested citizens. Mayor Miller responded that the task force should have about eight members, and he hoped to appoint a group that will represent advocates for human rights. Ms. Ehrman suggested appointing an additional councilor to participate. Ms. Bascom moved, seconded by Mr. Rutan, to approve the recommendations from the Council Committee on Committees with the increase in the number of members on the Refuse and Recycling Board being corrected to five. Roll call vote; the motion passed unanimously, 6:0. e MINUTES--Eugene City Council February 8, 1989 Page 3 e IV. LEGISLATIVE COMMITTEE MINUTES OF JANUARY 30, 1989 Mr. Rutan reported that a large number of bills presently before the Legislature involve individuals' rights and while the Legislative Committee recommended support of the staff positions on some of those bills, councilors may have concerns. Ms. Bascom reported recelvlng several telephone calls regarding HB 2250, which would expand police authority to stop an individual. Mr. Rutan said the intent is to provide peace officers with the tools necessary to conduct their jobs efficiently. To avoid potential abuse, the quality of selection and training assume great importance. Answering a question from Ms. Bascom, Mr. Sercombe said the forfeiture ordinances of Linn County and Springfield that were recently held to be unlawful were not held unlawful on constitutional grounds, but on there being insufficient statutory authority for the City and County to adopt the type of ordinances they adopted. He anticipated that the problem would be remedied in the Legislative session under a State forfeiture bill. Ms. Ehrman expressed concern about the bill. She questioned a police officer's authority to detain an individual during a preventive stop and wondered whether the person's Miranda rights would still have to be given. She asked the council to delay making a recommendation and asked to review the actual bill. e Regarding HB 2251 (joinder of offenses), Ms. Ehrman said she was neutral because the power not to allow severance of offenses already exists. Ms. Ehrman considered the body wire bill, HB 2252, somewhat controversial but likely to receive a large amount of support. Ms. Ehrman said she was not necessarily opposed to sex offender registration because she interpreted ~he bill as applying to people already convicted of a felony. Saying he shared Ms. Ehrman's concerns, Mr. Boles asked for council discussion of each bill individually before deciding whether to ratify it. Mr. Rutan recommended asking Lieutenant Vic Mann to summarize the bills in question. Mr. Holmer commented on his concern regarding the role of the Legislative Committee. To avoid having the council become too involved in political issues beyond those directly affecting the City, he suggested leaving the responsibility for debating the merits of the various bills with the Legislature and having the council vote on whether to accept the Legislative Committee's recommendations. Mr. Bennett said he was prepared to accept the recommendations of the committee. Mr. Boles again stated his preference to discuss the bills individually. e MINUTES--Eugene City Council February 8, 1989 Page 4 e Ms. Bascom moved, seconded by Mr. Rutan, to adopt the Legislative Committee's recommendation to support HB 2250. Mr. Boles said the bill would put the police in the position of having to predict the future which he considered dangerous in that it would provide a mechanism that could allow abuse. Mr. Rutan responded that stopping an individual for an inquiry in a situation in which a crime is likely to occur is reasonable. Lieutenant Mann clarified that passing by and engaging in conversation does not constitute a stop, but activating lights does initiate a stop. He added that because it involves a detention and not an arrest, the matter is a statutory rather than a constitutional issue at this point. Mayor Miller reported concern in the minority community that its members would be considered most likely to be about to commit a crime, and he asked about protection against this potential abuse of the law. Lieutenant Mann said that California has this law, as do most other states, and any citizen has the right to sue in situations involving violations of civil rights. Mr. Sercombe described the Federal Constitutional standard for a stop as being reasonable suspicion that criminal activity is afoot or that a crime has been committed. He said this statute would bring Oregon law into compliance with that Federal standard. e Mr. Boles pointed out that Representatives Hosticka and Dwyer voted against the bill on the grounds that it is a civil rights issue and could lead to harassment. Mr. Boles concurred with that assessment. Lieutenant Mann reported that on January 31, the bill had passed in the House, 47 to 11, with two abstentions. Mr. Gleason described the issue as being operational. He said citizens would be protected by officers being trained to understand the distinctions of the law, and he added that there is always a delicate balance between society's right to judge and its right to protection against invasion. The motion passed, 3:1:2, with Councilors Bennett, Bascom, and Rutan voting in favor; Councilor Boles voting against; and Councilors Ehrman and Holmer abstaining. Ms. Bascom moved, seconded by Mr. Rutan, to approve the Legislative Committee's recommendation for support of HB 2251. Lieutenant Mann reported that the bill had already passed the House by a 59 to one margin. He described the bill as an attorney's issue that gives the prosecution control of jOinder unless it is prejudicial to the defendant or to the State. e MINUTES--Eugene City Council February 8, 1989 Page 5 e Responding to a question from Mr. Holmer, Mr. Rutan said that, in general, a councilor or staff member testifies on all priority 1 bills while priority 2 bills are lobbied through lower-profile channels (letters, telephone conversations, etc.). Ms. Ehrman explained that in felony situations, all the charges are in one document at arraignment and the defense must move affirmatively to separate them. She did not believe this bill would significantly alter that practice. The motion passed 4:1:1, with Councilor Ehrman voting against and Councilor Boles abstaining. Ms. Bascom moved, seconded by Mr. Rutan, to approve the recommendation of the Legislative Committee to support HB 2252. Lieutenant Mann explained that this bill would not require a court order to be obtained prior to use of a body wire in a drug investigation, a change which he felt would increase the safety of police officers and informants. Lieutenant Mann said only felony drug investigations would be exempt from the requirement to obtain a court order. The motion passed 4:0:2, with Councilors Boles and Ehrman abstaining. e Ms. Bascom moved, seconded by Mr. Rutan, to approve the Legislative Committee's recommendation to support LC 583. Lieutenant Mann clarified that this bill would apply to sex offenders who have served their sentences and been paroled without a limit on how long ago the crime was committed, since sex crimes are considered a form of addictive behavior. The misdemeanor of exposure (with sexual intent) would be covered. He added that sex offenses are the exception to a provision in the law that allows crimes to be expunged from one's record. Lieutenant Mann said the Oregon State Police would coordinate the registration process. While she said she understood how sex offenses could be compared to alcoholism as a form of addictive behavior, Ms. Ehrman suggested that some selectivity should be applied to the type of offense and the person's record during the time since it was committed. Ms. Bascom moved, seconded by Mr. Boles, to amend the motion to support LC 583 with an amendment specifying a time limit. The motion to amend passed, 5:0:1, with Mr. Holmer abstaining. The motion passed, 5:0:1, with Mr. Holmer abstaining. Ms. Bascom moved, seconded by Mr. Rutan, to approve the minutes of the Legislative Committee meeting of January 30, e MINUTES--Eugene City Council February 8, 1989 Page 6 e 1989, with the qualifications noted in discussion of individual bills. Roll call vote; the motion passed, 5:0:1, with Councilor Holmer abstaining. Ms. Ehrman noted that full council discussion of some bills had been appropriate. Ms. Schue arrived at the meeting at 12:40 p.m. V. COUNCIL APPOINTMENT TO WARD SIX Mr. Rutan moved, seconded by Ms. Ehrman, to cast a unanimous ballot to appoint Bobby Green to fill the seat from Ward Six on the Eugene City Council and to complete the unexpired term ending January 7, 1991. Agreeing with Mayor Miller's assessment that all three finalists for the position were well qualified, Ms. Ehrman said her vote for Mr. Green would be based on his qualifications and desire to accomplish specific goals. Mayor Miller said the number of applicants indicated there are many concerned citizens who are willing to invest time in the leadership of the community. e Mr. Bennett concurred with Ms. Ehrman's comments and emphasized that his support for Mr. Green was not a reaction to what may be legitimate concerns in the community, but was recognition of a strong candidate with strong community and council support. The motion passed unanimously. Mr. Boles asked that all candidates receive a written thank you from the council inviting their continued public service. VI. WORK SESSION: AN ORDINANCE RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY; AMENDING THE EUGENE CODE, 1971; AND PROVIDING CURRENT LICENSE REVOCATION DATE City Manager Mike Gleason introduced the topic. Greta Utecht, Planning, Development, and Building staff, reported that during the past several years, concerns have surfaced regarding the minimum rate structure, recycling service in the community, and the placement of 90-gallon containers on City streets. The council approved a minimum rate for 90-gallon container service and directed the Refuse and Recycling Board to conduct a limited review of the City's provisions relative to solid waste and recycling practices, license fees, and other rate structures. Ms. Utecht described the ordinance under consideration as the result of that review and said it resolves the major issues now facing the solid waste collection system in the community while retaining the regulatory system that e MINUTES--Eugene City Council February 8, 1989 Page 7 . has performed well over the past 20 years. She pointed out that Eugene is one of few cities with a licensing system for solid waste collection instead of it being a franchised, contracted, or municipal service. Ms. Utecht explained that the current system does not limit the number of licenses, with the result that the industry needs more enforcement because more haulers are competing for a fairly stable customer base. That decreases each collector's efficiency and results in higher rates. Multiple licenses allow a higher number of collection vehicles with increased wear on the City's streets. The proposed ordinance would limit the number of licenses to the number presently licensed and would eventually result in a reduction of the number of licenses to the point that it may be feasible to assign areas in a fair and equitable way. Responding to a question from Ms. Bascom, Ms. Utecht said a comparison of rates indicates that when collection systems are more consolidated, efficiency increases and collection rates go down. Replying to Mr. Boles's inquiry about provisions for haulers to trade customers, Ms. Utecht explained that certain technology is available to different haulers. Ms. Utecht anticipated 18 to 20 applicants for the proposed 20 available licenses and said additional licenses would be granted only with a show of need. She said she was unaware of any unserved areas in the city now. Ms. Utecht added that additional licenses could be approved, if there was an increase in the city's population, boundary changes, or another justifiable increase in the customer base. Denial of a license could be appealed to the ~ Hearings Official. Referring to a letter from Lane Garbage Apex Disposal, the difference between rates in Eugene and River Road. that the River Road area would not be regulated by the said representatives of Lane Garbage Apex Disposal are County staff on this issue. Mr. Holmer asked about Ms. Utecht explained City's ordinance. She working with Lane Ms. Utecht explained that the ordinance proposes adding a maximum to the present minimum rate structure. In response to a suggestion by Mr. Boles, Ms. Utecht said the Refuse and Recycling Board would be considering recycling as part of the rate structure. She commented that landfills and disposal costs are the responsibility of the County and the City's rate-setting is limited to collection costs. Ms. Utecht introduced Wally Swanson, Refuse and Recycling Board chair, who reported on the history of the board since its establishment by City Charter in the 1930s. He described the proposed ordinance as the product of efforts by the board, industry, and City staff and said it would provide needed stability and an opportunity for recycling. Ms. Utecht introduced John Hire, representing the Associated Eugene Area Recycling and Solid Waste Haulers. Mr. Hire said the industry is affected by pressure to recycle, new technology, and safety and health issues. He supported adoption of the proposed ordinance. e MINUTES--Eugene City Council February 8, 1989 Page 8 - Answering Ms. Ehrman's question about assigning areas and days, Mr. Swanson explained that neither the present nor the proposed ordinance addresses that business practice. Ms. Utecht continued by saying the proposed ordinance would transfer responsibility for recycling from the City to the haulers; would provide for a continuing five-year license term as opposed to the present set five-year term; and would increase licensing fees to produce $85,000 annually. Mr. Holmer observed that the public hearing on February 13 would consider a revised version of the ordinance. Ms. Utecht added that because policy would be established by criteria, at Mr. Holmer1s suggestion, the criteria would be transferred from administrative rules to the ordinance. She noted that administrative rules set up the procedures for implementation of policies established by ordinance. Responding to Mr. Boles's comments regarding his concern that insufficient attention is being focused on recycling, Ms. Utecht said consideration of a rate structure that will provide incentives for recycling will be on the board's agenda after guidelines are established by the ordinance. VII. WORK SESSION: PRELIMINARY RECOMMENDATIONS OF THE DOWNTOWN DEVELOPMENT DISTRICT REVIEW GROUP (DRG) e City Manager Mike Gleason introduced the item. Scott Luell, Planning, Development, and Building staff, reported that the Downtown Development District Review Group has reviewed parking programs and assessment districts to develop recommendations in an effort to solve the inequities and budget deficit in the Downtown Development District (ODD). Mr. Luell said there is presently a $143,000 annual deficit. The DRG recommends that the ODD parking program be a three-hour free one, with citation thereafter on 1,000 of the 1,350 currently free spaces; and that the remaining 350 free parking spaces be metered to produce new meter revenue (this would include all 150 free on-street and all 200 free spaces in the Overpark). In an effort to explain the relationship between General Fund and meter revenue, Mr. Gleason said the assets associated with the production of the revenue (parking structure or the street) are supported by different funds. He recommended approaching the problem by letting the revenue follow the appropriate asset, so if the revenue comes from parking meters (the street), it should go back to the General Fund, and if it occurs in a parking structure, it should return to the parking fund. Mr. Gleason continued by saying that over time, the ODD portion going to parking will be reduced, the funds will become financially stable, and the General Fund will receive additional income. The free parking program will be shifted toward Charnelton, which is closer to the commercial district. Mr. Gleason's opinion was that free parking in the Overpark and Parcade causes more problems than it solves. The net effect of the policy choice before the council will be that meters are added where free parking programs ~ MINUTES--Eugene City Council February 8, 1989 Page 9 . now exist in the parking structures, free parking will be moved to a location where it will bring greater benefit to retailers, and the parking fund will be more useful. Mr. Gleason anticipated that eventually, separate downtown development districts may be proposed for different use needs (retail and non-retail). Answering Mr. Rutan's question, Mr. Luell said a three hour program was recommended because it appeared more appropriate for the needs of commercial activity than a two-hour program (sufficient time for appointments, lunch, shopping). Mr. Bennett suggested that the review group should reconsider a two-hour program. Mr. Holmer indicated that the review group was still considering its recommendation regarding meter revenue from on-street parking and was interested in whether increased meter revenues would allow a reduction in land and gross receipts taxes. Mr. Boles asked whether the policy decision recommended by Mr. Gleason (that revenue would follow assets) would result in the capital costs associated with metering being borne by the assets (funds) that benefit. Mr. Gleason said it would. Mr. Holmer responded to Mr. Boles.s further questions by saying inequity exists in commercial uses other than retail not paying gross receipts tax. e Mr. Bennett summarized the discussion as moving toward developing a paid parking program and the transition to that program will depend on the council IS decisions. He suggested that the more traditional retail area on the west side of the district may require special consideration. Mr. Bennett saw the issue for the office sector and smaller retailers as being whether there is sufficient parking rather than whether there is a cost associated with it. There was general consensus to proceed in the direction being recommended by the DRG. Mr. Boles noted that while he would support the council's decision to proceed, he continued to be concerned that parking is being addressed while larger transportation issues are not. The meeting adjourned to February 13, 1989, at 1:30 p.m. R:;~~tfUll~ /' /' ~~? ---. Mich al Gleason, City Manager (Recorded by Mary Feldman) mncc 121488 e MINUTES--Eugene City Council February 8, 1989 Page 10