HomeMy WebLinkAboutCC Minutes - 07/12/99 WS MINUTES
Eugene City Council
McNutt Room--City Hall
July 12, 1999
5:30 p.m.
COUNCILORS PRESENT: Scott Meisner, Nancy Nathanson, Pat Farr, Bobby Lee, Betty
Taylor, David Kelly, Gary Rayor, Gary Pap&
Mayor James D. Torrey called the council to order at 5:30 p.m.
A. WORK SESSION: GRAFFITI REMOVAL PROGRAM
Referring to an agenda item summary, copies of which were included in the meeting agenda packet, Jeff
Lankston of Public Works recalled that on April 21, 1999, the council directed staff to prepare an ordinance
defining graffiti and declaring it a nuisance. On May 24, 1999, the council directed staff to prepare three
versions of the proposed ordinance for a public hearing. On June 14, 1999, the council held a public hearing
to gather public comments on the proposed ordinance. Mr. Lankston stated that staff had since incorporated
the comments issued during the public hearing into one draft ordinance.
Mr. Lankston explained that in addition to the development of a graffiti tracking system and a public
information effort (programs which have been implemented), the Interdepartmental Cooperative Action Team
(ICAT) has proposed a number of changes to the Eugene Code related to graffiti. He said the proposed
ordinance defines graffiti and declares it a nuisance. Mr. Lankston stated that the ordinance requires property
owners to remove graffiti present on their property. If the property owner does not abate the graffiti, the
ordinance allows it to be removed by the City. All property owners would be exempt from expenses incurred
by the City abating the graffiti. Mr. Lankston noted that under the ordinance, property owners are not required
to abate etching on glass. He added that the ordinance provides for penalties up to a $750 fine, confinement in
jail for up to 30 days, restitution and/or community service for causing graffiti.
Mr. Lankston stated that staff from the Municipal Court, Public Works Department, and the Police
Department are designing and will implement a program for community service by graffiti offenders. He said
this program will not only provide a valuable learning experience for offenders, but will also provide resources
for graffiti abatement.
Mr. Lankston said staff members are currently researching "graffiti walls" around the country and assessing
both the benefits and difficulties experienced by other communities. He said most of the communities
researched have reported little success in terms of "graffiti walls" decreasing the amount of graffiti elsewhere
in the community.
Mr. Lankston stated that two options were available for the council to consider: 1) adopt the proposed
ordinance defining graffiti, making it a public nuisance, and requiring property owners to abate graffiti on their
property and exempting all property owners from the cost of graffiti abatement; or 2) continue the graffiti
MINUTES--Eugene City Council July 12, 1999 Page 1
5:30 p.m.
abatement program as it exists. Noting that no action was requested during the present meeting, Lankston
forwarded staffs recommendation that the council adopt the proposed ordinance.
The council issued the following questions and comments concerning the proposed ordinance, staffs responses
are in parentheses.
· Meisner: To what locations were the "Graffiti is Not Art" brochures distributed? (The brochures
were posted in City buildings, distributed to interested parties, and presented to community
groups.)
· Meisner: Suggest that the "Graffiti is Not Art" brochures be included in a future citywide mailing.
It is important to recognize that neighborhood organizations may not be the most effective way to
distribute the information to residents. Support the proposal that the City assess no charge
against property owners whose property requires graffiti abatement a few times per year; however,
do not support withholding a fee when the situation has become "abusive." Doing so might
encourage property owners to simply allow the City to clean up the graffiti on their property.
· Kelly: Pleased that this is a multi-faceted program. Noted that the "Graffiti is Not Art" brochure
does not address the issue of graffiti prevention. Suggest that such information be included. With
regard to the "graffiti wall" concept, opposed to discontinuing consideration of that option.
Additional research is needed.
· Kelly: Would vote in opposition to the proposed ordinance due to the definition of"graffiti" that
is included therein. The proposed definition could result in fines being imposed on persons who,
for example, post a sign on a telephone pole or write on a bathroom wall. The definition should
be refined.
· Nathanson: Pleased with the sanctions for graffiti violations that would result from the proposed
ordinance. The ordinance would result in an increased prosecutability of graffiti violations. With
regard to the City removing graffiti from private property, have been contacted by constituents
who were displeased with the graffiti-removal methods used by a City of Eugene employee. How
can the City ensure that it does not receive a claim as the result of acting prematurely in removing
graffiti from private property? (The City would send to the property owner a courtesy notice
alerting them to the planned abatement. The proposed ordinance would allow for a 10-day
delay and a hearing, if requested by the property owner. With regard to the graffiti-removal
methods used by employees, the City cannot guarantee a color-match when painting over
graffiti.)
· Papd: Satisfied with proposed penalties for graffiti violations. Agree with Mr. Kelly that the
definition of "graffiti" should be refined. Perhaps the definition could include the phrase "exterior
surface." With regard to a comment made by Mr. Meisner, graffiti is not the problem of property
owners, but rather is a citywide problem.
· Rayor: Disappointed with the costs associated with graffiti abatement. The burden appears to
remain on property owners.
· Torrey: How many graffiti-related citations are issued in Eugene each year? (There were 455
graffiti-related citations or arrests last year.)
· Torrey: Suggest that the City issue a Request for Proposals for daily assessments of and painting
in the areas of Eugene identified as having the highest level of graffiti application activity. This
might be an effective way to address the problem on a daily basis and demonstrate to those
applying the graffiti that graffiti will not be tolerated.
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· Lee: The proposed ordinance is an improvement over the original proposal in that property
owners are not held responsible for the costs of graffiti abatement. With regard to the costs
associated with abatement, business owners do pay taxes and therefore assist in paying for graffiti
removal. With regard to the definition of "graffiti" included in the ordinance, agree that it is too
broad. The ordinance could be "abused," resulting in the imposition of unjust fines. (City staff
members could abuse the ordinance, but the "check "on that would be the City Council and
Municipal Court. In response to concerns issued by councilors, the next draft of the ordinance
will state that the ordinance does not pertain to handbills and is specific to exterior surfaces.)
Mr. Lankston stated that the revised ordinance would be presented to council for a public hearing on July 26,
and council action was scheduled for August 9.
B. WORK SESSION: PUBLIC SAFETY COORDINATING COUNCIL REVENUE
SHARING PACKAGE PROPOSAL
Referring to an agenda item summary, copies of which were included in the meeting agenda packet, City
Manager Jim Johnson explained that the action requested of the council was to provide policy direction
regarding a City of Eugene service package for the City's potential allocation of the revenue-sharing
component of the proposed Public Safety Coordinating Council (PSCC) revenue measure. He said the
proposed service package reflects previous council discussions regarding implementation of the Safe
Community goal, including expanded community policing implementation and prevention services focused on
youth.
For the purpose of discussion, Mr. Johnson referred councilors to several attachments to the agenda item
summary, including 1) City of Eugene Safe Community proposal: Community Policing and Prevention
Services; 2) list of programs not proposed for funding; and 3) tally of responses to the council survey
regarding Community Policing and Youth Services/Prevention proposals, including council comments.
Councilors issued the following comments and questions concerning the revenue-sharing package proposal
(staff responses are in parentheses:)
· Meisner: The revenue-sharing package proposal accurately reflect the council's discussion
regarding this matter. With regard to outcome measures component of the PSCC proposal, hope
the City will participate in implementing those measures. Unclear at this point how much control
the City would have over its own programs. Would like the City to have full control over its own
programs. In addition, the proposal may be difficult to "sell" to Eugene taxpayers given that the
City would be contributing a disproportionate amount of the shared revenue, while receiving a
considerably low level of services in return.
· Kelly: Pleased that youth activities are included in the proposed package. With regard to the
outcome measures, care must be taken in terms of how the measures are crafted; particularly those
related to youth activities, as some outcomes may be difficult to measure. With regard to item
4(d), homeless camping services (page 29 of the agenda packet), that was not recommended as
part of the revenue-sharing package, the services are provided via a contract with St. Vincent
dePaul and do not want them left as a contingency item. Will make a motion to amend the
revenue-sharing package to include homeless camping services.
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· Kelly: Request information regarding item 2(a), police substations, that appears on page 21 of the
agenda packet. Support the concept of substations; however, constituents have requested that the
mission for substations be clarified and a list of services to be offered by substations be provided.
In addition, request information regarding why the proposal adds only one substation but many
police personnel. (The substation mission is established by the community and the
neighborhood in which it is located. Additional personnel are being proposed both for the
purpose of extending existing substations 'hours of operation and addressing issues of
capacity.)
· Kelly: Request information regarding the large amount of funding associated with item 3(d),
community policing. Would like background information to serve as the context for adding nine
FTE. Would funds proposed for an additional detective be better spent on covering the
community policing shortfall, given the minimal impact provided by one detective? (Attempting
to show that when staff is added to one area, the remainder of the system is impacted. The
system is interrelated. With regard to the proposed addition to detectives, the department is
attempting to balance its needs across the organization.)
· Rayor: Support the addition of police officers; however, want to minimize the addition of City
FTEs in general.
· Pap& Are all of the proposed shared-revenue services additive? Do they provide services above
and beyond existing programs? (The City currently funds the youth summer program; however,
it is supported by one-time contingency funding)
· Pap& The City must be able to say to citizens that the proposed shared-revenue services are
additive and will improve the community.
· Nathanson: Disappointed that only one additional substation is proposed. In response to a
statement that substations generally impact a 10-block radius in terms of law enforcement, think
the impact of substations extends beyond that of law enforcement. For example, substations can
contribute to strong neighborhood identification.
· Nathanson: With regard to item 1 (g), interagency coordination, somewhat skeptical because
Eugene would be paying for something the metropolitan area is not addressing. Not convinced
this would be prudent. Lastly, does the revenue-sharing proposal include the addition of staffto
conduct outcome measurements? (The proposal would provide the added capacity necessary to
conduct such measurements. Ouwome measurements are a priority in the youth prevention
and other areas of the proposal. Ensuring that the additional services are effective is
considered a priority.)
· Lee: Think the proposed program list is adequate, given the implementation of those minor
changes that have been discussed. Request discussion regarding how the City will justify sharing
its revenue to benefit non-City programs. In addition, would support a motion by Mr. Kelly to
include in the revenue-sharing package the homeless camping services to ensure its continued
funding.
· Taylor: Would prefer a tax exemption for citizens who fall below a certain income level, such as
$50,000 per year. In addition, concerned about the duplication of services. Not all services are
provided more efficiently on a larger scale. Request information on how substations add to the
safety of a community. (Staff will produce a memorandum in response to councilors 'questions
concerning the value of substations.)
· Torrey: Attempt to include in the package funding for counseling in schools failed. Concerned
that the continuum of care stops when a child enters kindergarten and that children attending
school are "falling through the cracks" due to a lack of available services. Think the City should
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request that Lane County assist in funding services for school children, given the number of Lane
County residents who attend Eugene schools. Request additional information regarding item 1 (d).
If a majority of users are non-City residents, Eugene should expect to receive some assistance. In
addition, request detailed information regarding item 1 (g). Agree with Ms. Nathanson that a
substation is needed in the Churchill High School area. Perhaps a substation could be located in
the new fire station.
· Torrey: Request that council consider assigning one Community Service Officer (CSO) to
Cascade Middle School, as a demonstration project, for a period of at least three years. Propose
that the CSO assigned to Cascade Middle School also serve its three "feeder" grade schools, all of
which are located within the city limits.
· Meisner: The CSO pilot project is interesting. In response to a comment made by Mr. Torrey
concerning the income level of most families served by Cascade Middle School and its "feeder"
grade schools, would want to be persuaded that a correlation exists between low-income families
and the need for additional law enforcement. In addition, a question exists as to whether
substations contribute to the safety of a neighborhood. The Whiteaker substation does not appear
to contribute to the safety of that neighborhood. Think the substation mission and services
provided should be universal. Request a comparative analysis of the cost-effectiveness of
substations. Finally, would not support a motion by Mr. Kelly to amend the package to include
homeless camping services, because unclear as to whether it represents the greatest need. Hesitant
to take absolute responsibility for homelessness because it is a county-wide problem. Prefer that
the Lane County Human Services Commission address homelessness.
· Kelly: Will defer making motion to include in the package a homeless camping element until the
information requested by councilors has been received. (Suggest that information be provided to
councilors prior to its duly 21 meeting, during which discussion of this matter is scheduled.)
C. WORK SESSION: REVIEW AND APPROVAL OF SCOPE OF REVIEW FOR
TRANSPORTATION SYSTEM DEVELOPMENT CHARGES
Referring to an agenda item summary, copies of which were included in the meeting agenda packet, City
Engineer Les Lyle explained that the action requested of council was to review and approve the scope of work
recommended by staff and the Public Works Rates Advisory Committee (PWRAC) for review of the
Transportation System Development Charges (SDC). He said the committee has completed its initial review
of the existing methodology and is prepared to proceed with a detailed analysis. Mr. Lyle said staff would
return to the council on an as-needed basis for additional policy direction or if formal council action was
necessary.
Mr. Lyle solicited councilors' feedback regarding whether the list of elements proposed for review and possible
inclusion in the methodology was complete. Councilors issued the following comments (stafPs responses are
in parentheses :)
· Kelly: Approve of the proposed elements.
· Nathanson: Request that the traffic calming element be expanded to include striping, signs, and
minor widening of existing streets. (Staff will contact Councilor Nathanson to clarify the
request.)
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· Rayor: Suggest adding to the list of elements: "mitigating environmental impacts of capacity
improvements." (Will add that element.)
The meeting adjourned at 7:21 p.m.
(Recorded by Kim Kunkel)
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