HomeMy WebLinkAboutCC Minutes - 11/23/09 Public ForumMINUTES
Eugene City Council
Regular Meeting
Council Chamber Eugene City Hall
777 Pearl Street Eugene, Oregon
November 23, 2009
7:30 p.m.
COUNCILORS PRESENT: Chris Pryor, George Brown, Andrea Ortiz, George Poling, Mike Clark, Betty
Taylor, Jennifer Solomon, Alan Zelenka:
Her Honor Mayor Ditty Piercy called the meeting of the Eugene City Council to order. She wished everyone a
happy Thanksgiving.
1. PUBLIC FORUM,
Mayor Piercy reviewed the rules of the Public Forum.
Pauline Hutson, 1 025 Taylor Street, noted that she was also speaking on behalf of Josef Siekiel- Zdzienicki and
the Residents for Responsible Rapid Transit (3RT). She supported the suggested EmX Bus Rapid Transit (BRT)
route that would go along the 6'h/7 1h Avenue/7 Place corridor. She believed it would cost the least amount in
easement costs and would facilitate the future development of a spur to Highway 99 or to the River Road area. She
thought a spur along Highway 99 North could also gQ out to the airport, where there was no bus service. She
believed a non - dedicated lane would be less disruptive to residences due to less construction. She thought some
signal intersections could have bus stops. She related that the 3RT survey of residential addresses in the 6th /7th
Avenue environs, indicated that there were 197 residential units on 6th and 7th Avenues from Olive Street to
Garfield Street, 274 residential units on cross streets within one block of 5 th and 7 th Avenues, and 200 motel units.
She opined that the goal of the Lane Transit District (LTD) to promote economic development along the BRT
routes and the City's Multiple Unit Property Tax Exemption (MUPTE) ordinance coincided. She related that a
2003 survey conducted by the Whiteaker Community Council had found that the neighborhood had a high rate of
transportation - disadvantaged persons residing there. She noted that this was a federal transportation term defined
to mean people who were either low - income, disabled, senior citizens, mass transit dependent, and/or too young to
drive. She felt the BRT system would benefit them the most.
Riley West, 434 Brookside Drive, owned a store on West 11 Avenue called Riley's Furniture. He had lived in
Eugene for 32 years. He was against development of an EmX route on west 11 th Avenue. He said the 6"'17
Avenue ali made sense to him. He felt that it could easily go out to Seneca Street, or out to the River Road
area or the Highway 99 North area from Chambers Street. He related that when he picked up people at the airport
he took them on a scenic route and avoided Highway 99 because it was unsightly and he did not want it to be their
first impression of Eugene. He thought development of the EmX route would beautify the highway. In closing, he
commended the councilors for their hard work.
Bob Rees, P.O. Box 1196, Tillamook, thanked the council for listening to public comments. He explained that he
was a licensed charter boat operator and fishing guide on the north Oregon coast. He was also co- author of two of
the four sites on the Oregon coast that had moved forward for consideration as marine reserves. He noted that the
process had been long and arduous. He found it refreshing that the inland communities took an interest in the
ocean conservation issues. He averred that the ocean resources belonged to all Oregonians. He said as a
professional fisherman who spent approximately 150 days on the water annually, conservation played a large role
in his long -term business plan. He stated that an established network of marine reserves would allow them to
understand the impacts humans had on marine ecosystems and how to protect the economic, social, and ecological
MIIVCJTES Eugene City Council November 23, 2009 Page 1
Regular Meeting
benefits that the resources should provide for years to come. He said they were at a key crossroads because the
Department of Fish and Wildlife was selecting advisory members for the remaining four near - -shore sites that were
forwarded for further review to be implemented as marine reserves. He averred that this key commitment by the
state agencies assured that fishermen like himself were seated at the table working in collaboration to ensure they
were moving forward with an ecologically significant designation without causing significant economic harm to
the communities that depend on these resources. He hoped that the City of Eugene would j oin other communities
such as Cannon Beach, Yachats, and Lane County in declaring public support for the collaborative process and to
embrace the nearly unanimous support that House Bill (HB) 3013 received in the State. Legislature.
Dennis Gabrielson, 360 South 1 o th Street, Creswell, had wanted to rebut City Manager Jon Ruiz' assertion, made
at the meeting held two weeks earlier, that a $250,000 savings had been achieved at the library. He was not going
to dispute his figures, but he still believed that the $100,000 job that Was being posted externally could have been
avoided. He believed that all Mr. Ruiz had to do Would be - to appoint another exempt employee to fill that position
until they knew the position would be needed.
Guadalupe Quinn, 3820 Greenwood Street, asked the council's support for forwarding a resolution in support of
federal legislation called the Dream Act. She explained that the legislation would create an opportunity for
undocumented immigrants to be able to continue their education and, With some criteria, to adjust their status. She
said they were asking the council to join hundreds of other organizations that have signed on for this. She
understood that immigration was a hot issue in this country and this community, but she wanted the councilors to
consider the request for support of the Dream Act as a way to invest in the future of the country's young people.
She underscored that the people that this would help were people who had only known this country and community
as their home and had lived nowhere else since coming to the country and who would hopefully be able to be
contributors to the community in the future. She left some information regarding the Dream Act for the council's
review.
Joy Marshall, 5166 Alpine Way, thanked the councilors for their service on the council. She spoke regarding the
Ballot Measures (BM) 66 and 67, which she said were small revenue measures that were very seriously needed.
She related that School District 4J had cut $20 million from the budget "just to keep the doors open." She said the
Bethel School District had to cut $9 million from its budget. She stated that her daughter had come home with a
chemistry problem that she was unable to answer and she had been unable to get her teacher's help because the
classroom was crowded with 40 students. She noted that a friend's math classroom contained 56 students. She
averred that this was hurting the quality of life in the community. She, asked the councilors to help get the word
out. She underscored that the budget cuts also impacted the University of Oregon and Lane Community College
(LCC) as well as cutting millions from human services and public safety. She said the first measure would only
impact the top 2.5 percent of Oregonians and the, second measure Was in two parts and would ask people to pay a
little bit more. She asserted that presently the $10 minimum corporate income tax was being paid by two - thirds of
corporations. She said they were asking them to step up and pay the extra $150 per year. She noted that her
family's business taxes would be increased from $10 to $150. She added that the most profitable businesses would
experience a 1.3 percent tax increase on profits over $250,000 and most of the tax increase Would be temporary
and in the year 2013 would go to profits over $10 million. She called the ballot measures modest, fair, and
"incredibly necessary." She hoped the council Would consider endorsing a measure to get the word out to the
community.
Debbie Schlenoff, P.O. Box 51347, conservation coordinator for the Lane County Audubon Society, spoke in
support of establishing a network of marine reserves off the coast of Oregon. On behalf of the Audubon Society,
she encouraged the City of Eugene to adopt a resolution of support for Oregon's marine reserve system and to
support the evaluation and potential designation of Cape Perpetua as an important component of that network. She
said they were fortunate to live close to the coast and recognized the importance of ocean health on its citizens'
environment, economy, and public health. She stated that research had shown that the decline of ocean health
negatively impacted the success of bird populations. She averred that marine reserves acted as an insurance policy
MINUTES Eugene City Council November 23, 2009 Page 2
Regular Meeting
for sustainable fishing by preserving healthy thriving marine life and provided places for scientific research and the
tourist industry. She said the establishment of marine reserves aligned with Oregon's participation with the West
Coast Governance Agreement on Ocean Health, noting that Oregon was the only state so far not to set aside areas
for the recovery of fish and wildlife. - She declared that all Oregonians had a stake in the health of the ocean. She
reiterated the request for _the council's support in protecting the ocean - ecosystem.
Diego Hernandez, 1722 Hilyard Street, stated that he was in his fifth year at the University of Oregon working on
a triple major. He related that they had held two showings of Papers. The Movie during the previous week and
both had been well attended. He had come before the council to talk about the Bream Act and a possible council
resolution in support of it. He said it was important because it affected students in the community. He had been
born in the United States and was an American, but his parents were immigrants. He underscored the importance
of having opportunities to go on to higher education and the contributions and investments that people who went
on to higher education made to their communities. He related that he was going to graduate school and would
ultimately seek a master's degree in social work.
Jairo Castaneda, 1722 Hilyard Street, added his support for passing a resolution to support the Dream Act. He
stated that over 930 organizations currently supported the Bream Act. He listed some of them, including Microsoft
and the city councils of Portland, Chicago, and Oakland. He said the act was also supported by over 105 members
of the House of Representatives and 36 members of the Senate. He thanked the councilors for their support,
reiterating his hope that they would also pass such a resolution.
David Wade, 1366 Lawrence Street, Apt. 6, stated that he was a recent graduate from the University of Oregon.
He spoke in support of establishing the Cape Perpetua marine reserve. He also wanted to go on record as being in
support of the Dream Act. He had moved from Virginia two years earlier to obtain a master's degree in public
administration. He had chosen to go to the University in part because of wanting to live in .a state that valued its
natural resources. He related that he had been surprised by the abundant sea life in tide pools on the coast . of
Oregon, noting that one did not find such abundance in Virginia. He stated that Virginia was trying to "win back"
the ecological health of its coastal waters. He averred that Oregon had the opportunity to avoid the mistakes that
Virginia had made by establishing protections that the near shore coastal waters needed to adapt and thrive in the
face of climate change. He asked the City of Eugene to. demonstrate its citizens' commitment to the natural
resources of Oregon by passing a resolution in support of the establishment of marine reserves.
Derek Campbell, 1289 East 28 Avenue, stated that he was a recent graduate of the University of Oregon and also
wanted to add his voice on behalf of the establishment of marine reserves at Cape Perpetua. He read into the
record a portion of a letter he had written in support of this. He provided packets of information on the ecology
that included maps and the house bill, the work plan for the Oregon Department of Fish & Wildlife, and resolution
language from three coastal communities and the County. He averred that though this was a coastal issue it was
important for all the communities in Oregon like Eugene to remind people that this was a statewide issue.
Mayor Piercy closed the Public Forum. She thanked everyone for taking the time to come from the coast. She
considered the items brought to their attention to be important. She believed the marine reserves to be an issue of
national importance. She stated that BM 66 and 67 were about how the state would be able to fund the future of
Oregon and the Bream Act resolution was about the future of a lot of young people in the country. She added that
she also wished to thank the people who spoke about the Emx route..
Councilor Pryor expressed appreciation for all of the people who spoke. He had not been aware of the marine
reserves issue and he looked forward to reading the material that had been provided. Regarding the ballot
measures, he stated that they were in the process of preparing a memorandum to outline the impacts that the failure
of BM 66 and 67 would have on the City. He had also been pleased by the interest people were taking in the Em.X.
He appreciated the comments Ms. Hutson had made regarding the Whiteaker neighborhood.
MINUTES Eugene City Council November 23, 2009 Page 3
Regular Meeting
Councilor Ortiz said she would like_ to look at the language in HB 3013. She thought it was "kind Of a slam dunk."
She believed the resolution on BM 66 and 67 would be nearly as easy to discuss. She intended to look at bringing
forward language in support of them, as well as in support of the Dream Act.
Councilor Brown thanked everyone. He hoped they could craft a resolution in support of the Dream Act and for
BB 3013 and that they could support both unanimously. He said he wholeheartedly supported BM 66 and 67,
noting that he had a child who attended public schools. He averred that his business would have to pay a total of
3 S cents per day more for the corporate fee. He wanted to pass a resolution in support of the measures.
Councilor Taylor thanked everyone and, in particular, Ms. Hutson for her persistence. She felt that the resolutions
that had been discussed were good. She said things on the coast still affected everyone.
2. CONSENT CALENDAR
A. Approval of City Council Minutes
- September 28, 2009, work Session
September 28, 2009, City Council Meeting
-- September 28, 2009, Executive Session
B. Approval to Tentative Working Agenda
C. Adoption of Resolution 4991 Amending Systems Development Charge Methodology and Charges
for the Regional Wastewater System and Amending Resolution No. 4900
D. Adoption of 2009 Natural Hazards Mitigation Plan
Councilor Zelenka, seconded by Councilor Clark, moved to approve the Consent Calendar.
Councilor Brown pulled Item D.
Roll call vote; the Consent Calendar with the exception of Item D was approved by a unanimous
vote, 8:0.
Councilor Brown indicated that he would vote to adopt the plan. He said once they passed it, the City would be
able to apply for Federal Disaster Mitigation Funds. He thought they could apply for grants to offset the costs of
seismic assessments for critical public buildings. He remarked that the council had "shot down" a proposal to
out just how much it would cost to study the seismic vulnerability of all of the public buildings. He hoped the
council would reconsider that position in the future. He cited several public buildings he had concerns about.
Roll call vote; the motion to adopt the 2009 Natural Hazards Mitigation Plan, Item D on the Con-
sent Calendar, passed unanimously, 5:0.
The meeting adjourned at 8:05 p.m.
Respectfully submitted,
apo Jill
Jon Ruiz
City Manager
(Recorded by Ruth Atchejson)
MINUTES Eugene City Council November 23, 2009 Page 4
Regular Meeting
Homeless Camping Check -In
Friday February 12, 2010
9;30 am, McNutt Room
1. Introductions
2. Reminder: Council discussion on this issue is scheduled for Monday March 8 5:30pm
McNutt Room - this will be the third agenda item, so it will begin at about 6:15.
Materials due on .February 26
3. Review data provided by Stan Lenhart of Police
4. Review anecdotal data from Keith Heath of SVDP
5. what's working well, what needs improvement?
City provided legal camping spaces
Privately provided legal spaces
Complaint process for on- street camping
SVDP response
Police follow up when needed
6. David Primrose proposal (see attached letter)
Mr. Primrose suggested the following_ solution:
I would start by modifying ordinance 20097 and 20255 to allow qualified citizens under a city run
program, to sleep in a legally registered vehicle on any public street in Eugene and Lane County.
The program will make a rudimentary criminal background check to ensure that a candidate has
no warrants or convictions of property crime, in the last 5 years. If the candidate is found clean the
citizen is accepted into the program and is granted the right to sleep overnight in their vehicle on
our public streets. Two placards will be given the participant one for right and left side of the
vehicle. The placards should be highly reflective, water proof and state that this citizen has been
granted the right to park and sleep overnight and should not be disturbed. A phone number for
information can be included. As long as the participant does not break any laws while in the
program the participant may remain. The participant may park in a quiet neighborhood and sleep
for 4 consecutive nights from the hours of Spm to Sam. After that the participant must find a new
place to park well out of the area. The participant may return to that spot only after one week has
passed. Residents in the neighborhood must be tolerant of the placarded vehicle sleeper and not
harass this person or they will be in violation of a new law that protects them and if convicted pay
a high price for their crime.
A review of all vehicle parking signs should be performed to make sure that the motive is not
discrimination and displacement of the Homeless. Offending signs must be removed. All new
applications for signs need to be screened to ensure that Homeless discrimination does not
reoccur.
7. Recommendations for City Council
Letter from David Primrose:
Property Owner's Intolerance for the Homeless II
Some Background
Definition — Intolerance or Intolerant: Unwilling to grant or share social, political, or
professional rights. Bigoted. (Webster' S 91h New Collegiate Dictionary)
I have now seen both sides of this issue, from a Renter and Homeowner's side, to the Homeless
point of view. There was a time I used to complain to police when I saw the Homeless remaining
too long in my neighborhood. I - called myself a Neighborhood watch and I thought that I was
doing the right thing. I justified my actions with all the prejudice I believed to be true and I had
the law backing me up. Little did I know that I was committing an immoral act, adding to the
misery of the Homeless. You see, back then I didn't want to know the Homeless or learn why
our community had homelessness. I just didn't want them in my neighborhood. I feared that my
neighborhood was turning into a slum..
It wasn't long before I was evicted from my home and I became Homeless. Little did I know that
that eviction meant I must drop -out of society as well. By that means I was taught the hard - lesson
of Intolerance. Now I know that my Intolerance was based on bigotry and arrogance and I am
humbled and ashamed.
Through my experience I learned that no one chooses to become Homeless, and that it is a
financial condition that is forced upon you. one thing for certain, for every Homeless person out
there, there is a loss that caused their homelessness and the person may be a victim of that loss.
The good news is that Homelessness often is reversible. The challenge facing local government
is how to properly address Homelessness without worsening the condition.
The Problem
To date Eugene and Lane County have struggled to address the needs of the Homeless and Home
Dwellers alike with marginal success; however the laws that have been adopted are in my
opinion infringing on Homeless Civil Liberties.
First of all we must recognize that the Homeless are Citizen too and should enjoy all the civil
liberties that everyone else enjoys_ No law should infringe on those liberties no matter how
inconvenient that might seem. Laws are written to protect civil liberties for we recognize the
need to protect the poor from those who would selfishly deny them their rights.
Secondly we must recognize that EVERYONE should have the right to sleep through the night
for good physical and mental health.
Two laws have been ratified by the City of Eugene and Lane County that address Overnight
Sleeping: Ordinance No. 20097 and Ordinance No. 20255.
Ordinance No. 20097 (11 -17 -1997) This law allows vehicle sleeping within an Industrial District
for 24 hours. It has the effect of isolating the Homeless citizen from others living in the
neighborhoods while taking away Homeless civil liberties in the process, in short trading off
some civil liberties for the right to sleep and where. However, that was not good enough for
Eugene special interest groups who owned businesses in the area.
Ordinance No. 20255 (6 -10 -2002) Takes more liberties away from the Homeless, only allowing
overnight sleeping in a religious institution, in a back yard of a single family residence or a
vacant unoccupied parcel of land with permission by the property owner who will receive no rent
or fee and is required to provide for sanitation and garbage services at the owners expense. That
expense of which will discourage most property owners from offering the Homeless a place to
sleep.
Vehicle parking on public streets, is not illegal with good tags and within a time limit of 24 hours.
Yet, when someone is found sleeping in that parked vehicle it turns into
"Illegal Camping" a violation of law. However, I fail to see the harmfulness of this act, plus with
this law, I see a double standard. others doing the every same thing are seemingly exempt from
this law. Commercial truck drivers can park and sleep along Oregon highways and on city streets
without any fear of violation. weary drivers pull -over and take naps when they become too tired
for safe driving and we rightly encourage this. Sleeping in vehicles is tolerated in city and county
parks and rest areas of which is clearly posted "No Camping ". Home dwellers complain loudly
when it .comes to the Homeless presents, they say their concerned about public safety, sanitation,
littering, and loss of property values or "the slumming effect" on their neighborhood. If so,
where are their objections when they invite friends and visiting relatives to park their RVs on the
public street in front of their homes? Shouldn't that be considered Illegal Camping also? If it is
illegal to sleep in a vehicle overnight, then it must be illegal to sleep in a vehicle at anytime, day
or night, or it discriminates against the Homeless for they are the only people most impacted by
the ban. All this seem legally inconsistent and unfair to me. 'Homeless civil liberties are certainly
being violated.
Another issue that I've got personal knowledge is: Personal Security while Sleeping overnight:
Harassment of Homeless people is on the rise. whether in a vehicle or not, greater protection is
needed to discourage noise harassment, threats and attacks. Home dwellers have laws to protect
them from threats and annoyances overnight, so should the Homeless have the same protections.
Law Enforcement Issues.
The Public Safety Department assigns a low priority to illegal car camping calls for it is
considered a non - violent public nuisance call. Police will not cite a vehicle sleeper without a
complaint and only if the person refuses to move --on. Many police find it frustrating.,to enforce
the overnight sleeping ordinance because vehicle sleepers just move to another street potentially
generating more calls. They know that as long as there is an intolerant attitude in the
neighborhoods and a Homeless need for sleep, enforcing this law will be ineffective and -futile.
There is also Public Safety cost that is incurred every time a police officer and back -up is sent to
a car camping call. This is placing a heavy burden on tax payers which is avoidable and
unnecessary.
Public elected officials should realize that they are being manipulated into a secret agenda to
remove the Homeless from the city by ignoring their needs and harassing them every night when
they try to sleep. At least that is the perception the Homeless have, and for good reason.
Politicians should know how morally deficient it is to side with bigoted property owners
engaging in a Have /Have -Not War.
New signs are going up all over the city. No Parking, No Overnight Parking, and Co
Vehicle Parking Only. These all have the effect of denying the Homeless a place to. sleep. The
Homeless view these as displacement and more harassment. The signs might as well say "No
Homeless Allowed 1 . " This reminds me of the civil rights movement in the 60s 'when it was the
African Americans that were fighting for their civil liberties. The sign than was "No Coloreds
Allowed i" It was wrong then and it's wrong now.
It seems to me that people have been sleeping in vehicles fora every long time. why now should
it be made illegal? what is the real motivation behind overnight sleeping legislation? These laws
have the effect of turning good upstanding citizens into criminals, marginalizing and isolating
them from society because of financial hardship. For all the reasons mentioned these laws are
immoral, antisocial and discriminatory. They divide society based on affluence, reinforcing
conventional prejudice and bigotry while promoting class confrontation. The Haves/Have-Not
War.
Denying civil liberties is not the way to address the Homeless issue.
Tolerance and understanding is.
The Solution
As a society we must reflect in our laws moral attitudes like tolerance, understanding, and
humane treatment. that preserve the dignity for all our citizens including the poor. Laws need to
help bind our society together, not isolate groups of people because they no longer can afford
normal means of shelter. Laws like ordinance 20097 and 20255 show how we have strayed from
those ideals. we should do better and fix our laws.
I would start by modifying ordinance 20097 and 20255 to allow qualified citizens under a city
run program, to sleep in a legally registered vehicle on any public street in Eugene and Lane
County. The program will make a rudimentary criminal background check to ensure that a
candidate has no warrants or convictions of property crime in the last 5 years. If the candidate is
found clean the citizen is accepted into the program and is granted the right to sleep overnight in
their vehicle on our public streets. Two placards will be given the participant one for right and
left side of the vehicle. The placards should be highly reflective, water proof and state that this
citizen has been granted the right to park and sleep overnight and should not be disturbed. A
phone number for information can be included. As long as the participant does not break any
laws while in the program the participant may remain. The participant. may park in a quiet
neighborhood and sleep for 4 consecutive nights from the hours of 8pm to Sam. After that the
participant must find a new place to park well out of the area. The participant may return to that
spot only after one week has passed. Residents in the neighborhood must be tolerant of the
placarded vehicle sleeper and not harass this person or they will be in violation of a new law that
protects them and if convicted pay a high price for their crime.
A review of all vehicle parking signs should be performed to make sure that the motive is not
discrimination and displacement of the Homeless. offending signs must be removed. All new
applications for signs need to be screened to ensure that Homeless discrimination does not
reoccur.
David Primrose
Advocate for the Homeless
June 30"' 2009