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HomeMy WebLinkAboutCC Minutes - 07/08/98 Work Session MINUTES Eugene City Council Council Chamber--City Hall July 8, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Laurie Swanson Gribskov, Betty Taylor, Ken Tollenaar. Mayor Jim Torrey called the July 8, 1998, Lunch Work Session of the Eugene City Council to order at 11:35 a.m. Mr. Tollenaar moved, seconded by Mr. Lee, that the motion adopted on June 24, 1998, to postpone until July 13, 1998, consideration of issues related to options for a memorial on Skinner Butte be reconsidered. Mr. Tollenaar explained that approval of the motion would bring the motion to direct the City Manager to arrange for moving the existing war memorial to the top of the butte and for erection of a flag before the council. He suggested that, if the motion passed, consideration of the item be placed at the end of the agenda of the meeting because there was no pressing reason for council action to be taken on it at the current meeting. Mr. Tollenaar announced that, at the appropriate time, he would also move to refer to voters approval of an ordinance duplicating an initiative to amend the City Charter regarding a flag on Skinner Butte being circulated by representatives of the Veterans of Foreign Wars organization. He said such a strategy would allow the council to consider all alternatives, while giving citizens an opportunity to express their desire for a flag. Ms. Nathanson asked why the issue should be considered at the current meeting when doing so eliminated consideration of other significant matters. City Manager Pro Tern Jim Johnson explained that the amended meeting agenda prepared in anticipation of the council deciding to consider options for a memorial on Skinner Butte postponed the consideration of final recommendations from the Mayor's Parks and Open Space Committee until July 13. He said the proposal was being made to enable ample time for consideration of other important and likely time-consuming issues also on the agenda. Mayor Torrey explained that motions to reconsider were required to be made at the meeting following the one at which the action to be reconsidered was taken. City Attorney Glenn Klein reminded councilors that action was never taken on June 24 regarding a motion to move the existing war memorial and arrange for erection of a flag on Skinner Butte. He said that reconsideration of the motion to postpone action, which was adopted, was the only way to bring the matter before the council before the time set in the postponement. Mr. Tollenaar stated that his intention to move to refer the initiative being circulated by representatives of the Veterans of Foreign Wars was only possible in connection with the motion on which action was not taken at the June 24 meeting. MINUTES--Eugene City Council July 8, 1998 Page 1 Ms. Swanson Gribskov stated that she did not favor the motion to reconsider because the extra time created by the postponement enabled the public and staff to provide additional input to the council. Ms. Taylor said that she agreed with Ms. Swanson Gribskov and favored the process established to consider the matter of a memorial on Skinner Butte. Voting on the motion to reconsider resulted in a tie, 4:4, with Mr. Farr, Mr. Laue, Mr. Lee, and Mr. Tollenaar voting yes. Mayor Torrey voted yes, and the motion was adopted, 5:4, with Mr. Meisner, Ms. Nathanson, Ms. Swanson Gribskov, and Ms. Taylor voting no. Mayor Torrey announced that reconsideration of the motion to postpone consideration of options for a memorial on Skinner Butte would take place as the last item on the agenda of the meeting. I. ACTION ITEMS A. West Eugene Wetland Plan Amendments Neil Bj0rklund, Plannind and Development Department, referred to the Agenda Item Summary regarding Adoption of Text and Policy Amendments for the West Eugene Wetlands Plan Amendments distributed with the agenda of the meeting and stated that he was available to answer questions about the proposed amendment. Ms. Taylor requested that the proposed amendments to the West Eugene Wetlands Plan be explained. Mr. Bj0rklund replied by reviewing the memorandum regarding ordinance changes attached to the Agenda Item Summary and distributed with the agenda of the meeting. Mayor Torrey referred to a quotation in a recent article in The Register-Guard implying that the proposed amendments would curtail expansion of the Hyundai manufacturing plant in Eugene to such an extent that it would be forced to close its operations. He said that he was not aware that such a statement was true. He asked if staff had received indication that Hyundai opposed the proposed amendments. Mr. Bj~rklund replied that no opposition by Hyundai had been received. Mr. Fart asked if staff anticipated that the Lane Board of County Commissioners would approve the proposed amendments. Mr. Bj~rklund replied by recounting actions of the commissioners when previous amendments were proposed. He suggested that similar thoughtful consideration would be given to the proposals by commissioners and that if there were differences in conclusions reached by the council and commission, they could be resolved. Mr. Johnson announced that the council would consider Council Bill 4658, an ordinance amending the West Eugene Wetlands Plan by adopting new or revised plan policies and revising plan text. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4658, with unanimous consent of the council be read the second time by council bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 8:0. MINUTES--Eugene City Council July 8, 1998 Page 2 Mr. Johnson announced that the council would consider Council Bill 4658 by number only. Mr. Fart moved, seconded by Mr. Tollenaar, that Council Bill 4658 be approved and given final passage. The motion was adopted unanimously, 8:0, and became Ordinance 20126. B. Work Session: Public Safety Coordinating Council Draft Recommendations Mr. Johnson stated that councilors were requested to discuss draft recommendations for a Lane County Local Option Levy under consideration by the Public Safety Coordinating Council (PSCC) to inform council representatives in final deliberations to develop a recommendation to the Board of County Commissioners regarding the levy. He reminded councilors of previous concerns raised about the proposed levy: (1) that there were enough prevention/intervention activities in Option 1; (2) that conversion of the Area Information and Records System (AIRS) to new computer technology was properly incorporated; (3) that enhancements to the capacity of the jail and juvenile detention center were adequate; and (4) that the total proposed in the levy was adequate but would not negatively impact other potential ballot revenue measures to be proposed by the City and School District 4J. In response to questions from Ms. Swanson Gribskov regarding what base was used to calculate "Yearly Cost to the Average Residential Taxpayer" figures provided in a Table 1 attached to the Agenda Item Summary, Mr. Johnson explained that estimates for the PSCC levy were based on the average cost of a home in Lane County and that the estimates for the potential City revenue measures were based on the average cost of a home in Eugene. Ms. Taylor asked if goals of the proposed Court School in Option 1 were not met by the Opportunity Center of School District 4J. Mr. Johnson replied that the center identified by Ms. Taylor was one of a number of Alternative School programs provided by area school districts. He explained that their purpose was to serve the needs of youth having difficulties with regular school programs, but who were not involved in criminal activity. He said the proposed Court School would be similar to the "Turnaround" program in Portland described in Attachment D to the Agenda Item Summary. Ms. Taylor asked what was meant by "losing beds" from the Forest Work Camp if the proposed program related to capacity of the camp was not included in the levy. Mr. Johnson replied that current operation of the Forest Work Camp was funded with State support provided through Senate Bill 1145; but that when construction of an addition to the jail was completed, its operation would require the funds and operation of the camp would need to be supported from revenue unavailable without including it in the levy. Ms. Taylor suggested that support for the AIRS conversion be provided through a separate revenue measure. She said she believed it might also be positive to divide prevention and punishment elements of the proposed levy into separate revenue measures. She said that such division could enable non-law enforcement agencies to assume responsibility for some prevention program proposals. Mr. Johnson replied that separating programs in the proposed levy was a "judgment call" not chosen by the PSCC and that most involved in the proposal believed that prevention programs were closely related to the others because they were intended to keep offenders from re-offending. Mr. Lee suggested that a helpful approach in promoting the proposed levy would be to emphasize how programs included would reduce the number of persons released from jail MINUTES--Eugene City Council July 8, 1998 Page 3 through the federally imposed matrix system and the number of persons failing to appear for court proceedings by a specific amount. He also suggested that use of the term "capacity" could confuse voters. Ms. Swanson Gribskov pointed out that intensive PSCC deliberations which had led to the proposed levy had taken place over a lengthy period of time and that all programs included were considered to be important. She said prioritizing of the programs had been based on affordability, the "context" of the times, and other revenue ballot measures under consideration. She said the entire criminal justice system had been considered and that weighing issues such as capacity versus prevention, adult versus youth had been thoroughly deliberated. She explained that the current levy options had been prepared to provide a basis for further discussion. Ms. Nathanson stated that she would support any levy proposal which included prevention, system efficiency, and capacity programs, and that she did not favor separating programs into independent measures. She said that she believed school truancy was a significant issue and programs were needed providing for early intervention. She asked if such concerns were addressed in the levy proposal. Mr. Johnson replied that programs addressing concerns about truancy were not likely to be included in the PSCC levy proposal, but that area school districts were actively developing new programs to address the issue. Mr. Meisner stated that he believed a public safety levy should include programs addressing the needs of the entire criminal justice system and that flexibility in developing programs should be maintained. He said he did not believe the need for the AIRS conversion could be fully appreciated by the public, but that it needed to be funded. He said he favored coordination of funding for local programs with available federal and State resources. He said he was concerned that all aspects of system capacity were being considered, such as whether increasing capacity to a limited degree might act as a prevention measure. Mr. Farr expressed appreciation for the work of the PSCC. He suggested that capacity programs did not provide long-term solutions to criminal justice issues. He said he believed the levy proposal should include programs for youth who are most at risk such as "Services for Homeless Youth" and "Juvenile Aftercare." He said he also believed the AIRS conversion should be included in the levy. Mr. Tollenaar stated that he believed the AIRS conversion was extremely important and that a "window of opportunity" had been missed when it was decided to not propose the public safety levy in the September 1998 election. He said he was pleased the council appeared to favor a "balanced" approach to the levy, but that it was difficult to differentiate between whether specific programs provided benefits of prevention or increased capacity. He asked if it was accurate that he had heard that the proposed Court School program could include provisions for truant youth, not just those involved in the criminal justice system. Mr. Johnson replied that early discussions of the program had suggested that it was possible to do so, but that more recent investigation of an example of such a program had emphasized that those who were adjudicated in the criminal justice system should not be mixed with those who were not. Acting Chief of Police Jim Hill said that he was concerned that whatever programs were included in the levy could be enthusiastically supported by police officers who dealt daily with problems they sought to address. He said he supported integrating capacity, system efficiencies, and prevention programs in the levy because one without the others would not be effective. He said he believed the AIRS conversion could be made "marketable" to voters by emphasizing how it MINUTES--Eugene City Council July 8, 1998 Page 4 would enable data analysis, provide for efficiency and effectiveness, and that the entire system could collapse without it. Mr. Laue said that he believed the AIRS conversion should be included in the levy proposal. He asked for estimates of the percentages of persons released from jail on the matrix system who were charged with misdemeanor and felony crimes. Lane County Sheriff Captain John Clague, responsible for the operation of the jail, replied that most of those released were charged with felonies because police were seldom jailing those charged with misdemeanors. He also said that most of those released were not in custody as a result of convictions, but were being held in lieu of bond being posted to ensure appearance at trials. Mr. Laue said he believed that most of the programs proposed to be included in the levy had been under consideration for some time and were needed to make the criminal justice system more viable. He said he did not agree that it was possible to separate prevention programs from others and generate increased support because the entire spectrum was needed. He said he believed programs from all three options under consideration should be included in the levy. Mayor Torrey said he wanted all to understand that he supported all the programs included in Option 1 of the levy proposal, but that he was hesitant to provide enthusiastic support without other programs such as the AIRS conversion also being included. He expressed appreciation for the long and hard work of the PSCC, but said that he believed many members were seeking to "protect their own turf." He said he was concerned that no programs were being proposed for those who were 5 to 18 years old but who were not involved in the criminal justice system. He suggested that consideration be given to increasing the number of members on the PSCC with education affiliations. Mr. Lee said he believed concerns which had emerged following the shooting incident at Thurston High School should be joined with those of the PSCC levy proposal. He said he believed the Court School was an important program. He expressed concern that demographic data showing that there were more youth than ever before was not included in the levy proposal. He said he believed the AIRS conversion was important and that voters would support the program when it was pointed out that not completing it would result in cost inefficiencies. Mr. Meisner said he believed that the public expected efficiencies in the operation of the criminal justice system and that promoting a levy on the basis of it enabling increased efficiency was not wise. He suggested that it would also be important to identify prevention and intervention programs supported by resources outside of a levy proposal. Ms. Taylor said she was concerned that her remarks could be mistakenly interpreted as being unsupportive of prevention programs. She said she was a strong supporter of such programs, but that she believed agencies such as those specializing in cultural and recreation could better operate them. She said it was important for programs included in a Local Option Levy to be coordinated with those of a similar nature sponsored by the State. Ms. Taylor asked Mr. Hill if he believed the AIRS conversion would be supported by voters if it were proposed as a separate revenue measure. Mr. Hill replied that the question was difficult to answer because it would be affected by what other measures were on the ballot. He said it was accurate to say the criminal justice system could not operate without an AIRS-type system. Ms. Nathanson said that she joined other councilors in believing that inclusion of the AIRS conversion in a levy proposal was essential. She suggested that it would be unusual and difficult MINUTES--Eugene City Council July 8, 1998 Page 5 to ask the public to approve funding for such a program on its own. She said preparation of a single-page summary description of the function and importance of AIRS would be helpful and that she would also like additional information about what would be involved in a City-only upgrade of AIRS. Mr. Farr said that he had changed his mind about the AIRS conversion and that he now believed it was possible for voters to understand its function adequately to support it as a stand-alone revenue measure. Ms. Swanson Gribskov expressed appreciation to councilors for their input on the proposed levy. She said it was important to realize that although it would be officially placed on the ballot by Lane County, all other local governments would benefit from it and need to provide support for its passage. C. Work Session: Recommendations from the Council Committee on Homelessness and Youth Related to an Ordinance on Overnight Sleeping Housing and Neighborhood Development Section Manager Richie Weinman referred to the history of council actions related to an ordinance on overnight sleeping in vehicles in specified areas included in the Agenda Item Summary distributed with the agenda of the meeting. He reviewed positive and negative elements of options available to the council in connection with the ordinance, as follows: (1) no change in the current ordinance; (2) a complete ban on camping; (3) a partial ban on camping; (4) establishing a campground; and (5) no ban on camping. Mr. VVeinman reviewed recommendations of the Council Committee on Homelessness and Youth, as follows: (1) expansion of the church parking lot program to business, industries, and public agencies; (b) allowing sleeping in a vehicle on any street in Eugene for up to five days; and (3) establishing a system requiring campers to obtain a permit to sleep in a vehicle. He explained the purposes, budget implications, and benefits of the recommendations. Mr. Fart said that he believed the recommendations of the committee were balanced, but not perfect. He reported that they had the support of the police, Eugene-Springfield Homeless Action Coalition, and business community. He said he believed the goal of the ordinance was to enable dispersal of persons sleeping in vehicles throughout the community, that the administrative rules to be established in its implementation would be the key to its success, and that establishment of the role of a mediator/facilitator for its enforcement was essential. Mr. Meisner said that he hoped it was possible for the council to have a better proposal than what was contained in the recommendations of the committee. He said he had received more citizen input on the ordinance than any other issue since becoming a member of the council. He said he did not believe the ordinance would effectively provide for dispersal of persons sleeping in vehicles throughout the community and that they would continue to congregate in the central area of the City. He pointed out that the role of the proposed facilitator of the ordinance was not that of a mediator, which was an established profession with specific responsibilities not possible to fulfill in the situations to be faced. He suggested that the role of the facilitator would be extremely difficult since police officers could not currently enforce existing ordinances. Mr. Meisner asked for specific details regarding the difficulty of establishing a campground for homeless persons. Mr. Weinman discussed the expense, interpersonal relationship problems, MINUTES--Eugene City Council July 8, 1998 Page 6 the difficulty of finding an available and appropriate site, and the need for camp management staff determined in previous City experiences of operating such a facility. Mr. Meisner said that he believed the proposed ordinance created enforcement issues. Mayor Torrey said he hoped the recommendations of the Council Committee on Homelessness and Youth would be scheduled for a public hearing in time to meet the August 31 date set for the "sunset" of the current ordinance allowing sleeping in vehicles parked on streets in industrial zoning districts. Ms. Swanson Gribskov expressed appreciation for the work of the Council Committee on Homelessness and Youth. She said she supported expansion of the successful program allowing religious institutions to permit vehicles to park on their property for camping to business and publicly owned property. She said she was concerned that there would be no incentive for persons living in vehicles to use the parking lots of religious institutions, businesses, or public bodies if sleeping in vehicles was permitted on streets in all areas of the City. She said she did not believe the facilitator proposed in the ordinance should be a City employee. Ms. Nathanson distributed copies of a map which identified City Council ward boundaries and pointed out that most industrially zoned areas were located in wards 7 and 8. She reported that she planned to visit areas used by persons sleeping in vehicles. She said that she would not be supporting the ordinance as it was currently proposed, but hoped elements of it would be re- submitted for council consideration independently. She complimented members and staff of the Council Committee on Homelessness and Youth for their work. Ms. Taylor said that she would support expansion of the program allowing camping in vehicles on property of religious institutions to that of businesses and publicly owned land. She said she would not support referring the recommendation of the committee to a public hearing. Ms. Taylor said she believed persons sleeping in vehicles on City streets should be encouraged to do so in Springfield where there was no ban on such activities. She said representatives of the City should suggest to persons living in vehicles who have families that they should approach them for permission to camp on their back yards. She said that if it is true that the city of Springfield did not ban camping on its streets, representatives of the city of Eugene should suggest that people sleep there. Mr. Lee circulated a map showing the location of complaints regarding persons sleeping in vehicles before creation of the ordinance permitting such sleeping in areas zoned for industrial use. He said the crime rates were lower in industrially zoned areas since the ordinance had been in force. Mr. Lee moved, seconded by Mr. Meisner, that the Council Committee on Homelessness and Youth be asked to reconvene and consider options related to the ordinance authorizing overnight sleeping in specific areas raised by the City Council and prepare additional recommendations for consideration. Mr. Laue said that he did not believe additional deliberation by the committee would produce improved recommendations. He said the council needed to have input from the public through a hearing process before acting on the recommendations. MINUTES--Eugene City Council July 8, 1998 Page 7 Mr. Laue moved, seconded by Mr. Fart, to amend the motion to hold a public hearing on the recommendations of the Council Committee on Homelessness and Youth on July 13, 1998, and that the committee be asked to reconvene following the hearing to prepare additional recommendations regarding an ordinance for consideration by the City Council. Mr. Tollenaar said that he hoped the considerations of the committee would include development of an area-wide campground for homeless persons living in vehicles through the Human Services Commission. Mr. Weinman said that Lane County and City of Springfield representatives on the Human Services Commission had clearly stated that they did not consider issues related to persons sleeping in vehicles on the streets of the City of Eugene a concern on which they should act. He also said extensive investigation in the past was still valid which indicated that no suitable location was available to locate such a campground. Ms. Swanson Gribskov said that she would support the unamended motion because the recommendations of the committee did not have the full support of the council. She suggested that the City Attorney be asked to prepare an ordinance giving the council an additional 30 days in which to act on an ordinance authorizing overnight sleeping in specified areas. Ms. Nathanson said that the reason she had distributed a map of City Council Wards was to illustrate that though problems related to the ordinance authorizing sleeping in vehicles in industrially zoned areas currently mostly affected Wards 7 and 8, all of the City would be negatively affected by the changes to the ordinance proposed by the committee. She said that it since it appeared that a majority of the council wanted to given additional consideration to proposals for amending the ordinance, it was not wise to have the current recommendations presented in a public hearing because any changes made would require an additional public hearing. The motion to amend the motion to ask the Council Committee on Homelessness and Youth to reconvene by scheduling a public hearing on the recommendations of the committee was defeated, 2:6, with Mr. Fart and Mr. Laue voting yes. The motion to ask the Council Committee on Homelessness and Youth to reconvene and consider options related to the ordinance authorizing overnight sleeping in specific areas was adopted, 6:2, with Mr. Laue and Ms. Taylor voting no. Mayor Torrey noted that the time set for adjournment of the meeting had passed and that agenda items regarding reconsideration of the motion to postpone consideration of options for a memorial on Skinner Butte and Items from the Mayor, City Council, and City Manager would be placed on the agenda of the next meeting. The meeting adjourned at 1:45 p.m. Respectfully submitted, James R. Johnson City Manager Pro Tem MINUTES--Eugene City Council July 8, 1998 Page 8 (Recorded by Dan Lindstrom) MINUTES--Eugene City Council July 8, 1998 Page 9