HomeMy WebLinkAboutItem A: Homeless Camping
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Homeless Camping
Meeting Date: July 10, 2013 Agenda Item Number: A
Department: Public Works Contact: Kurt Corey
www.eugene-or.gov Contact Telephone Number: 541-682-8421
ISSUE STATEMENT
This item is a follow-up work session on the topic of homeless camping subsequent to the June 26,
2013, work session on the same topic.
BACKGROUND
The City Council held work sessions on homeless camping in parks and open spaces on April 24,
2013, May 20, 2013, and June 26, 2013.
On April 24, 2013, the City Council passed the following motion:
“Direct the City Manager to bring back an ordinance that would allow people to sleep
undisturbed and camp overnight from 10 p.m. to 7 a.m. on vacant City of Eugene-owned
lands, but not including improved park land or sensitive environment open spaces, with
staff to bring back a specific list of allowable sites, and on religious institution, non-profit
organization, commercial and industrial properties if they allow it. This shall be a pilot
program for 120 days and council shall then review the pilot program and assess whether
or not to continue the ordinance.”
The attached draft ordinance (Attachment A) was included with the agenda item summary (AIS)
materials for the May 20 and June 26 work sessions and incorporates options the City Council
previously considered. The draft ordinance is annotated with comments that explain the
ordinance’s provisions and how the provisions address the options discussed.
If the council remains interested in accommodating overnight camping, guidance on a number of
specific questions would assist with defining the actual scope of work, the proposed site(s), and
preparing the draft ordinance for a public hearing. Some specific questions for the council
deliberation might include:
1.How many sleep sites should be established?
2.What are the maximum numbers allowed for persons sleeping overnight and vehicles used
for sleeping per site?
S:\CMO\2013 Council Agendas\M130710\S130710A.docx
3.What is the proposed sunset date for the pilot project?
4.What are the site criteria?
5.Should the sites be hosted or otherwise managed and should tenants be screened for
compatibility?
6.What amenities should be provided (restrooms, garbage collection, storage lockers, other)?
7.How should neighborhoods be involved in siting decisions?
8.What are the desired outcomes in terms of hours of operation, cleanup, behaviors, etc.?
RELATED CITY POLICIES
Eugene Code 4.815 Prohibited Camping and Eugene Code 4.816 Permitted Camping.
COUNCIL OPTIONS
1.Direct the City Manager to schedule a public hearing on the draft ordinance for a pilot
program.
2.Pursue resolution through a collaborative effort with the local social services network.
CITY MANAGER’S RECOMMENDATION
The city manager recommends the City Council take the following actions:
1.Provide specific guidance as to the scope of work, including site criteria, and desired outcomes.
2.To the extent the council remains interested in accommodating overnight camping on City
property, direct the City Manager to schedule a public hearing on the draft ordinance for a pilot
program.
SUGGESTED MOTION
Move to direct the City Manager to schedule a public hearing on the draft ordinance for a pilot
program.
ATTACHMENTS
A. Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Kurt Corey, Public Works Director
Telephone: 541-682-8421
Staff E-Mail: kurt.a.corey@ci.eugene.or.us
S:\CMO\2013 Council Agendas\M130710\S130710A.docx
Attachment A
ORDINANCE NO. __________
AN ORDINANCE CONCERNING PERMITTED OVERNIGHT SLEEPING AND
TEMPORARILY AMENDING SECTION 4.816 OF THE EUGENE CODE, 1971;
AMENDING ORDINANCE NO. 20503 REGARDING CONESTOGA HUTS; AND
PROVIDING A SUNSET DATE.
The City Council of the City of Eugene finds as follows:
A.
Section 4.816 of the Eugene Code, 1971 (EC) provides for the regulation of
overnight sleeping.
B.
In order to create additional sleeping options for homeless persons, EC 4.816
should be temporarily amended to expand the permitted overnight sleeping provisions as a pilot
program until November 1, 2013. The temporary amendment will allow the City to monitor
these changes to determine whether they should be made permanent, revised or abandoned.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The findings set forth above are adopted.
Section 2.
Subsection (1) of EC 4.816 is amended to provide as follows:
4.816 Permitted Overnight Sleeping
.
(1)
Notwithstanding any other provision of this code:
(a) Persons may sleep overnight in a vehicle[, camper or trailer] in a parking
lot of a religious institution, place of worship, business or public entity
that owns or leases property on which a parking lot and occupied
structure are located, with permission of the property owner. The
property owner may not grant permission for more than [three] six
vehicles used for sleeping at any one time. For purposes of this
subsection (1), the udes a car, tent, camper,
trailer, and Conestoga hut.
[Comment: Each site is currently limited to 3
vehicles. The first proposed change would double
the number of vehicles/tents/huts that could be
located at each site.
Comment: The second proposed change would
allow tents and Conestoga huts to continue until the
ordinance sunsets.]
Attachment A
Ordinance - Page 1 of 4
(b) Persons may sleep overnight in the back yard of a single family
residence in a residential zoning district, with permission of the owner
and tenant of the residence. Not more than one family may sleep in any
back yard, and not more than one tent or camping shelter may be used
for sleeping in the back yard. As an alternative, but not in addition to
sleeping overnight in the back yard, not more than one family may sleep
in a vehicle, camper or trailer parked in the driveway of a single family
residence in a residential zoning district, with permission of the owner
means persons related by blood or marriage, or no more than two
unrelated adults.
(c) Persons may sleep overnight in a vehicle, [camper or trailer] on a paved
or graveled surface located on a vacant or unoccupied parcel, with the
permission of the property owner, if the owner registers the site with the
city or its agent. The city may require the site to be part of a supervised
program operated by the city or its agent. The property owner may not
grant permission for more than [three] six vehicles used for sleeping at
any one time.
(d) The following entities may allow not more than ten persons to
sleep overnight, between 9:00 p.m. and 7:00 a.m. only, on property
owned by the entity, or, if leased by the entity, with permission of
the owner: the City of Eugene; a religious institution; a non-profit
organization; and a business if the business is located on property
zoned commercial or industrial. No more than five vehicles may be
used for overnight sleeping at any one site under this provision.
[Comment: This proposed change would allow
-to-
by the City, as well as sites authorized by a
religious institution, a non-profit organization, and a
business as long as the business is located in a
commercial or industrial zone.
Comment: The section proposes to limit the
number of persons at any one site to ten persons,
and to limit the number of vehicles to five vehicles.
At the last work session, Council did not specify a
limit on persons or vehicles at any one site. Staff
recommends that there be a limit, especially for this
pilot period, to reduce the likelihood of adverse
effects to neighboring properties.]
1. After 7:00 a.m. at a location where overnight sleeping has
occurred as allowed under this subsection (1)(d), a person
who used the site for overnight sleeping shall remove all
personal property from the site.
[Comment: This subsection would require that
anyone sleeping overnight remove all of his or her
Attachment A
Ordinance - Page 2 of 4
t the site does not
become a 24-hour site that would fall under
subsection (1)(a) (requiring trash and sanitary
facilities).]
2. An entity that allows overnight sleeping on its property
pursuant to this subsection (1)(d) shall takes steps to prevent
the overnight sleeping from interfering with the use and
enjoyment of nearby properties, but the entity is not required
to provide the services or facilities described in EC
4.816(2)(a)(b)and (c).
[Comment: This subsection would require the
owner/tenant of t-
to- that the individuals
who are camping do not interfere with the use or
enjoyment of the neighboring properties.]
3. At any time the city manager determines that, at a specific
site, the overnight sleeping authorized by this subsection
(1)(d) is causing substantial interference with the use and
enjoyment of nearby property, the city manager may suspend
that site. The city manager may provide that the suspension
or revocation will take effect immediately or upon such notice
as the manager deems appropriate in light of the
circumstances. A suspension may provide that permission
for overnight sleeping will be restored when the property
owner meets certain conditions to prevent further
interference with the use and enjoyment of nearby properties.
[Comment: This subsection would give the
manager the authority to prohibit dusk-to-dawn
camping on a specific piece of property if the
camping is substantially interfering with the use or
enjoyment of neighboring properties.]
Section 3.
The City Manager is directed to designate, by administrative order, up to eight
sites on vacant city-owned property for purposes of the camping described in EC 4.816(1)(d).
[Comment: This section would require the city manager to identify up to 8
city-owned sites where dusk-to-dawn camping could occur. If there is a
problem at one of the sites, the manager would be able to terminate the
camping at that site, and then identify another site.]
Section 4.
Section 5 of Ordinance 20503, pertaining to Conestoga huts, is amended to
Ordinance - Page 3 of 4
Attachment A
extend the sunset date to November 1, 2013.
[Comment: This section would extend the sunset for Conestoga huts to
match up with the sunset for this new pilot.]
Section 5.
Unless extended or made permanent by future Council action, this Ordinance
shall sunset and be repealed on November 1, 2013.
[Comment: This section would sunset this pilot program on November 1,
2013, unless the council extended the sunset date.]
Passed by the City Council this Approved by the Mayor this
____ day of ______________, 2013. _____ day of _______________, 2013.
_______________________________ _______________________________
City Recorder Mayor
Attachment A
Ordinance - Page 4 of 4