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HomeMy WebLinkAboutCC Minutes - 11/23/09 Work SessionMINUTES Eugene City Council McNutt Room City Hall 777 Pearl Street Eugene, Oregon November 23, 2009 5:30 p.m. COUNCILORS PRESENT: Alan Zelenka, Mike Clark, Andrea Ortiz, Jennifer Solomon, Chris Pryor, George Poling, George Brown, Betty Taylor. Her Honor Mayor Kitty Piercy called the work session of the Eugene City Council to order. A., COMMITTEE REPORTS AND ITEMS OF INTEREST FROM MAYOR, CITY COUNCIL, AND CITY MANAGER Ms. Piercy reported that over 300 people attended the recent Economic Development Sununit and thanked all of the individuals and agencies that worked together to make the event a success. She circulated gifts that had been received by Kelly Middle School from their sister school in Kakegawa, Japan, and read a letter from the new mayor of Kakegawa. Mr. Clark attended a meeting of the Save Civic Stadium organization and also found the Economic Development Summit very interesting and useful. He thanked those who worked on the event. He congratulated the University of-Oregon Ducks on their trip to the Rose Bowl. Ms. Taylor attended the Economic Development Summit and the Arts and Business Alliance breakfast. She recently participated in a National League of Cities (NLC) conference and felt that the voices of cities were being heard by the new administration. She said sustainability was the prevailing theme of the conference. She said the Human Development Committee, of which she was vice chair, had been working on issues related to teenage pregnancy, employment and veterans' health care and its recommendations were adopted by the NLC. Ms. Ortiz said the City's congressional lobbyist had advised keeping any funding requests simple and straightforward. She hosted an outreach event for Lane Transit District (LTD) at Plaza Latina and hoped that more business owners would take advantage of opportunities to provide input on transit issues. She said the Joint Elected officials EMS Subcommittee would be forwarding recommendations to the council. She attended the Governor's Summit on Disproportionate Minority Contact, which was well attended and provided interesting information from other communities. Mr. Brown said he attended the LTD business outreach at Plaza Latina. He. hoped that more information about the "no build" option for the West Eugene EmX would be made available. He also attended meetings of the Human Rights Commission and Police Commission Use of Force Subcommittee. He found a discussion of homelessness at a recent City Club meeting interesting and useful, but noted that the basic problem was lack of money. He was disappointed at a recent meeting about downtown solutions, which appeared to be focused on the needs of television and unlikely to provide the council with useful tools for making decisions. MINUTES Eugene City Council November 23, 2009 Page I Work Session Ms. Solomon agreed that the Economic Development Summit was well attended and a number of interesting ideas were generated. She also attended a meeting of the Human Services ComiTiission. Mr. Poling expressed concern about an individual who persisted in sending hundreds of email messages to councilors, which had no substance and clogged the communications system. Mr. Zelenka also attended the Economic Development Summit and thought there could have been more information about how the region could be best positioned for the new "green" economy. He attended meetings of the Sustainability Commission and two neighborhood associations. He commended Police Auditor Mark Gissner for his presentations to the neighborhoods. He corrected a misstatement in The Register Guard by pointing out that the council's intent was to review the use of Tasers after, not before, the Police Commission Use of Force Subcommittee had completed its work. He commended City employees who had received awards and noted that the Library Foundation had received a $1.2 million grant. He asked if information was available on the financial impact should Measure 66 and 67 fail in January 2010. Assistant City Manager Sarah Medary, said that staff was developing an impact analysis for the council. Mr. Clark also expressed disappointment over the lack of a frank discussion of public safety at the downtown solutions meeting. He said that the EMS Subcommittee recommendations would address solutions to ambulance service funding problems. Ms. Taylor complimented City Manager Jon Ruiz for his responses to questions at a recent neighborhood association meeting. Regarding the NLC, she indicated she was also a member of the Universities Communities Council that provided a forum for the discussion of problems and ideas. She hoped the City could become involved in the International Town and Gown Association. She said treatment of the river through San Antonio could provide some useful ideas for Eugene's millrace. Ms. Medary expressed her appreciation for the partnership among jurisdictions and agencies that was demonstrated at the Economic Development Summit. She announced that closed captioning was now available on broadcasts of council meetings. She and the Mayor met recently with a University official to discuss Oregon 2020, a vision for a vibrant residential campus. Ms. Piercy remarked that Eugene was active with the Town and Gown Association. B. WORK SESSION: Downtown Public Safety Issues Planning and Development Executive Director Susan Muir and Police Chief Pete Ferns provided an overview of the Downtown Safety Task Team, which they co- chaired. Ms. Muir highlighted the four core strategies: Jobs and Redevelopment, Safety, Parking, and Amenities and Attractions. She said the council had stressed that safety was the cornerstone to fostering a vibrant downtown. The task team was developing projects related to each of the strategies and was tentatively scheduled to present those at the council's December 16 meeting. Chief Kerns said there was no doubt that crime in downtown significantly affected its livability and the ability of businesses to prosper. He reviewed the composition of the task team, which included a wide range of stakeholders and described its community policing/problem- solving approach to downtown issues. Problems identified to date included lack of accountability /consequences, illegal and unpleasant MINUTES Eugene City Council November 23, 2009 Page 2 Work Session behavior, lack of a cohesive /coordinated plan and aspects of the physical space and environment. He said the task team would develop strategies for solving those problems and present them to the Executive Team, which would then consider them in developing the FY 2011 budget and long -range planning. Chief Kerns said the task team heard a presentation about a Portland model in which a security firm established by former police officers worked collaboratively with the Portland Police Bureau, social services and the business community to successfully deal with crime in the downtown area. He said the security firm employed retired police officers who worked as armed security officers. Task team members would travel to Portland to see the program in operation. He used a slide presentation to demonstrate the Eugene Police Department's (EPD) use of data -led policing to identify hotspots for behavior crimes and focus enforcement efforts. Chief Kerns said the task team was working on a range of solutions, some of which could be implemented immediately and some of which were long - range, and exploring models like Portland's for way to improve minor violation enforcement. He said some of the solutions might require additional policy tools. Ms. Piercy said community residents were very concerned about property crime and would be relieved to have strategies to address the problem. Mr. Clark thanked Ms. Muir, Chief Kerns and task team members for their efforts. He distributed a document entitled Downtown Public Safety Info and Worksheet, which he hoped would focus discussions on specific problem behaviors and situations and whether council action would be required to implement solutions. Chief Kerns replied that he was interested in the council's discussion of policy tools such as granting authority to private security firms to assist law enforcement and banning the sale of fortified beer and wine. Mr. Brown felt the use of technology to identify hotspots had great potential. He asked if it could be applied to the entire City and the types of crimes that were committed. Chief Kerns said it required significant restructuring within the department to obtain and map current and accurate data that was actionable; therefore efforts were being focused on reducing property crime and crime in the downtown core. Mr. Brown asked if the private security officers in Portland received pay comparable to police officers. Chief Kerns said he assumed the pay scale was lower for the private security officers, who were "certified, armed security officers," a classification within Oregon Revised Statutes. Ms. Ortiz was supportive of considering an ordinance with would authorize a program similar to the Portland model. She asked if the exclusionary zone was a useful enforcement tool. Chief Kerns said the zone was effective to the extent it had been used, but enforcement efforts could be more assertive. Mr. Poling commented that the problem of downtown safety was not new and thanked Mr. Clark for bringing it forward. He looked forward to recommendations from the task team and was interested in more information about the use of private security officers to augment law enforcement. He thanked business owners in the downtown area who had persevered despite the problems they faced. He said there was a perception throughout the community that public safety was a serious concern downtown. Mr. Zelenka thanked task team members. He was interested in seeing a map of hotspots throughout the City. He asked if there was an analysis of the impact of the exclusionary zone and more officers on the crime rate downtown. Chief Kerns noted that there were more officers downtown only in the summer. He MINUTES Eugene City Council November 23, 2009 Page 3 Work Session was not certain that much could be learned about the effect of a single strategy, particularly in the current economic environment. Mr. Zelenka said that the public had identified property crime as a major concern and agreed that no single strategy was going to solve the problem. He supported the work of the task team and looked forward to its recommendations, but any strategies would be coupled with development that changed the downtown environment and attracted more people into the core. He was interested in more information on the Portland model. Chief Kerns said he heard from downtown residents and business owners that one of the first steps to a vibrant downtown was making it safe. He said Eugene had fewer social services and police per capita, and fewer jails cells, than other comparable communities across the country and as a consequence had the fastest growing crime rate. Mr. Pryor agreed with Mr. Poling that problems downtown had existed for some time. He was willing to take action to address those problems, rather than pass them on to future councils. He looked forward to the task team's recommendations and hoped they represented actions that the council could take. He felt there was more that could be done to address illegal behaviors and behaviors that were legal, but threatening and intimidating and kept people away from downtown, such as aggressive panhandling. He said public safety was part of the infrastructure and would need to be addressed in order to attract development and people to the downtown area. Ms. Solomon concurred with Mr. Pryor that it was time for the council to move to implementation of solutions. She asked about use of zones in which smoking was banned and whether that would apply to the plaza at Broadway and Willamette. Street. Ms. Medary said the zones applied to public facilities where there was youth- specific programming, such as the library, and inclusion of the plaza could be explored. Mr. Clark asked if the task team recommendations would include leveraging other resources to assist law enforcement beyond the Portland model and a ban on certain liquor sales. Ms. Muir said the task team was considering a comprehensive package of options and determining which should be recommended for downtown. Mr. Clark said the council had pursued a number of initiatives to improve downtown, but unless the public safety environment was addressed it would continue to be difficult to attract or retain viable businesses. He felt it was an enforcement problem and EPIC needed to have the officers and enforcement tools required to do the job. He asked how many additional officers were needed to adequately deal with public safety downtown. Chief Kerns estimated that a total of 10 to 12 officers were necessary to cover the days of the week and hours of the day when there was the greatest need and conduct proactive community policing efforts. He said that presumed that the problem could be resolved only with enforcement, which he did not believe was the case. Mr. Clark asked if the task team was looking at whether the location of certain services downtown was unintentionally drawing certain undesirable behaviors to the area. Chief Kerns said the task team was examining that question. Mr. Zelenka agreed with Chief Kerns that a holistic approach that was not limited to increased enforce- ment was needed. He said simultaneous actions on several fronts were needed to create a safe and inviting environment. He pointed to a number of projects that were already in progress. MINUTES Eugene City Council November 23, 2009 Page 4 Work Session Ms. Taylor stated that downtown needed more activities like the art walks and Eugene Celebration to draw people to the area. She suggested charging fees for empty buildings to encourage owners to make them affordable for tenants. She was completely opposed to the exclusionary zone as it only moved people elsewhere in the community. Ms. Ortiz asked if the task team was looking at ways to address aggressive panhandling. She said that problems with the sale of certain types of alcohol beverages elsewhere in the community had been dealt with through discussions with the business owners. She understood that only the Oregon Liquor Control Commission had the authority to impose restrictions. She asked what services downtown were perceived as drawing undesirable behaviors as most social service agencies were outside the downtown core. Mr. Brown asked for clarification of a statement in Mr. Clark's handout related to downtown events and efforts that did not work for all of the community. Mr. Clark replied that many events, while intended to appeal to all residents, did not attract people from the northern part of the City. Those residents did not feel safe downtown and were not interested in the type of events that were offered; they regarded the Oakway Center as their "downtown." Mr. Brown asked if data indicated that Eugene provided more social services than other communities and which programs would be better located outside of the downtown area. Mr. Clark said his point was that Eugene spent more on those services than other cities of a comparable size, but public safety was dramatically under- funded by comparison to those same cities. He pointed to programs like The Dining Room and a methadone clinic as creating a problem environment. Mr. Brown asserted that providing those types of services reduced criminal behaviors Mr. Pryor encouraged the council to focus on addressing inappropriate behaviors and the relatively small number of people who were responsible for them., rather than social services and the people they assisted. He said the problem needed to be clearly defined and who were causing it identified before effective solutions could be developed. Ms. Piercy felt that social services and public safety were integral parts of a comprehensive system. She said there appeared to be interest among councilors in task force recommendations related to enhanced enforcement through the use of security officers and limitations on the sale of certain beverages. Mr. Clark agreed that many in the homeless population were community residents who had encountered financial hardships, but a majority of the people concentrated in the downtown area had carne into Eugene from elsewhere. He wanted to see a better balance between investments in social services and public safety systems. Ms. Medary stressed that leadership in the community was committed to making a difference and there were many initiatives under way to improve downtown and the broader community. Ms. Taylor agreed that many people downtown had moved to Eugene from other communities and were deliberately homeless. She asked if there were public restrooms downtown. Ms. Muir replied that there were several public restrooms downtown and the hours they were opened had been expanded and security enhanced. She said there had been discussions about improving signage to make their locations better known. MINUTES Eugene City Council November 23, 2009 Page S Work Session Mr. Zelenka remarked that based .on his experiences on the Human Services Commission he felt the vast majority of people using social services in Lane County were local residents. Ms. Piercy added that the annual count of homeless people did demonstrate that most of there were local. C. WORK SESSION. Adoption of ordinances Concerning the Plan Designations for the "River Ridge" Site to the Low Density Residential Designation City Attorney Emily Jerome explained that the council had adopted a single ordinance that changed the Metro Plan designation of the subject site, which was inside the urban growth boundary, but included portions both inside and outside City limits. She said Lane County approval was required for the portion outside the City limits and the County's action was postponed until February 24, 2010. That would suspend the City's action on the portion inside the City limits until the County acted because of the single ordinance. She recommended separating the action into two actions. Mr. Zelenka, seconded by Mr. Clark, moved to adopt Council Bill 5017, an ordin- ance returning those portions of the River Ridge site that are inside the City lim- its, to the low density residential designation contained in Attachment A. Mr. Poling, seconded by Ms. Solomon, moved to amend the ordinance by adding. a new Section 5 that states: "By operation of this Section, upon the effective date of its future annexation to the City of Eugene, the portion of the property identi- fied as Tax Lot 304 of Assessor's Map 17-03 -07 -00 as shown on the attached Ex- hibit E shall be automatically redesignated on the Metro Plan diagram and in the willakenzie Area Plan to the Low Density Residential (LDR) designation." Ms. Ortiz asked if other steps were required as part of the annexation process. Ms. Jerome said the property, if designated LDR, could not be have any substantial development on it without being annexed and going through a land use process that would trigger review actions such as a traffic impact analysis. Mr. Clark asked if it was accurate that the ordinance would not have any significant traffic impact. Ms. Jerome said it would not and the change was based on analysis by the Land Conservation and Develop- ment Commission (LCDC), which urged the action. She said taking action was a policy decision by the council. Mr. Poling asked why the County had asked the City to submit a traffic study of the area. Ms. Jerome said the council's reliance on information from LCDC was sufficient and she was surprised by the County's request. Mr. Poling pointed out that the council's action was only necessary because when the hand -drawn original plan diagram was converted to digital technology, the site was inadvertently redesignated during "housekeeping" actions; the correction was long overdue. Mr. Zelenka said he was troubled by taking action that affected the willakenzie Refinement Plan, which designated the site as open space. He said the plan went through an extensive public process and reflected the desires of residents in the area; it should be given weight. He reconsidered his original vote on the matter and would support the willakenzie Refinement Plan. MINUTES Eugene City Council November 23, 2009 Page 6 Work Session Mr. Pryor stated that the genesis of the problem was a mistake and that should be corrected. He said the site was not open space; it was private property that included a golf course. He said refinement plans should be given weight, but in this case the plan was based on an error. Mr. Clark agreed with Mr. Pryor. He supported neighborhood planning and stressed the importance of giving all property owners appropriate notice of potential changes. The motion to amend passed, 5:3; Mr. Zelenka, Mr. Brown and Ms. Taylor voting no. Mr. Zelenka asked if taking action that would result in the site being automatically designated as LDR upon annexation was considered as binding a future council. Ms. Jerome said it did not because a future council could take a different action. The main motion as amended passed, 5:3; Mr. Zelenka, Mr. Brown and Ms. Tay- lor voting no. Mr. Zelenka, seconded by Mr. Clark, moved to adopt Council Bill 5018, an ordin- ance returning those portions of the River Ridge site that are inside the City limits to the low density residential designation contained in Attachment B. The motion passed, 5:3; Mr. Zelenka, Mr. Brown and Ms. Taylor voting no. The meeting adjourned at 7:15 p.m. Respectfully submitted, G Jon Ruiz City Manager (Recorded by Lynn Taylor) MINUTES Eugene City Council November 23, 2009 Page 7 Work Session