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.
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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
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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
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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.
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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.
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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.
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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)
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