A sleepy 2023 in Junction City government began to liven up this spring with discussions on managing the state’s homeless mandates, budgets versus inflation and the replacement of a retired police chief. The tumultuous state legislative session unfolding this spring has provided some eye-openers as well.
Wide-awake driving became more important than usual during the Department of Transportation’s extended “festival” of sidewalk improvements on Ivy. Commuter impatience led to higher speeds along with hazards on the parallel side streets of Juniper and Holly during the rush and lunch hours. An ODOT visit to the city council in December did not provide an accurate sense of the inconveniences about to be experienced. Spring weather found the contractors appearing to pick up the pace as they shifted attention to the west side, with the Function 4 Junction looming alarmingly close on the calendar and needing those corners clear. The experience may have dampened any community appetite for a “road diet” — a term used by some transportation advocates for a type of plan which would change Ivy, leaving two traffic lanes , a center turn lane and two bike lanes.
The window of opportunity for cities and counties to adjust their rules in response to the new state homeless mandates will close on July 1st. At that time local law not compliant with new state rules will be unenforceable. Matters where local ordinance can regulate but does not will automatically default to the new state standards.
Obligations imposed on Junction City by the 2021 Legislature with House Bill 3115 and relevant federal court rulings conflicted with the City’s code in several areas which thus needed attention before the deadline. Codified in ORS 195.530(2)(a) the state law says in part: “Any city or county that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.”
As enacted at the May 9th city council meeting, the staff recommendations included the following: repeal of the City ban on sleeping in parked RV’s, repeal of the 5-day cumulative parking limit while retaining a requirement that a vehicle must be moved at least one city block every 72 hours, repeal of the curfew ordinance and changing the City definition of “park” to include only developed parkland. Rationale for these measures may be reviewed in detail on the City website insofar as what was presented and discussed during the Public Safety Committee on April 4th, the City Council work session of April 25th and the City Council meeting of May 8th.
The City actions to this point focuses on Junction City code which would conflict with the state law going into effect on July 1st — those actions in and of themselves do not guarantee success locally in navigating the later potential ramifications of the law. This is in part due to the Oregon legislature going farther than recent court rulings and choosing to express its intent in the type of generalized manner as to leave a lot to interpretation.
It is certain that current federal rulings and the state law going into effect July 1st block local governments from forbidding camping outright on public property without having a reasonable local alternative available. Less certain is whether relying simply on vehicle camping which moves every 72 hours will satisfy interpretation of the law if the City chooses not to advertise or refer campers to other options. Vague definitions involving those options could become problematic, depending on the level of homeless activity experienced in the area.
But wait, there’s more: another piece of new legislation was in the pipeline this spring which would have gone even farther than 2021’s Oregon House Bill 3115 just discussed. This 2023 session’s House Bill 3501 sailed into uncharted waters with untested ideas on the constitutional uses of public spaces by individual discretion.
And has run aground on the rocks with a diverse group of other measures after the protest walkout of state senators which has delayed legislative business. Known as “The Right To Rest Act” the legislation sought to give the unhoused particular new rights over their discretionary use of public property. Observers quickly reacted, interpreting provisions of the bill as conflicting with the rights of the public and the custodial mission of the governments responsible for such properties. Before the walkout, HB 3501 met stiff resistance and missed key deadlines so it is not likely to be a subject of compromise even as legislators try to salvage the session — and is presumed dead in the water for this year. Discomfort with HB 3501 was not restricted to one political party.
It was not a decision to be taken lightly by the senators absenting themselves to frustrate business they portray as being conducted improperly. There is personal political risk involved due to Measure 113, made law with last November’s general election. It bans legislators with ten unexcused absences from holding office for one term after their current terms end. Many, including Junction City’s state senate representative, have already reached that mark. The constitutionality of denying districts their chosen representation will be challenged unless there is compromise, with the walkouts also citing current process violations as invalidation of the attendance rule.
The annual spring budget cycle for Junction City has been uneventful without seeing major changes in policy or approach. The city budget committee consists automatically of the sitting councilors and mayor matched with seven appointed citizens who serve rotating three terms. Notable was the acceptance of public safety appropriations like the school resource officer, 10th officer position and agreement on dispatch contracting which encountered resistance from the council in the recent past. Neither has the notion of contracting out for policing services with other agencies come up so far this year when routinely in the past it has made an appearance when there is indication of transition or difficulty associated with the public safety department.
Inflationary pressures are being felt by various city departments and their functions but a decade-and-a-half of budget reform and policy-making has left the City in good shape to weather the storm. Consistent leadership regarding budget issues from the elected side and two city administrators committed to transparency and reform have created a sustainable budget tradition. That both administrators were long term JC employees and department heads has led to the elimination of the past tribal wars between departments in competition for the same money at budget time. Another department head who has served both administrators as finance director has an office wall decorated with industry awards for progress made in fiscal policy and performance.
The city budget committee concluded its review of the proposed budget in a Thursday evening meeting (5/4) which focused on services delivered by the public works department with attention paid to the continuing effects of inflationary pressures. Deliberation on approval and referral to the city council for adoption in June was put off until the next Thursday meeting (5/11) but the week’s wait produced no amendments in that final session and the budget was approved without further modification. The budget is balanced without service reductions but flags have been raised about certain areas needing future work to retain that balance.
No public pronouncements regarding the status of the hiring process for the position of police chief as of the Memorial Day weekend, beyond the general procedures discussed in a previous city council meeting. The job posting closed on May 12th after which a multi-stage review process began. Notice was made of a special city council meeting held in a closed session on May 23rd with only one agenda item: Executive Session per ORS 192.660(2)(a) to Consider the Employment of a Public Officer, Employee, Staff Member or Individual Agent.
May 16th special election results yielded one change on the Junction City school board. Four of the seven seats on the board were in play. Incumbents Ryan Ceniga and Wendy Waddell ran unopposed. Challenger Jesse Springer did not unseat board chair Dan Allred but Jim Anderson replaced Alaire Fajardo, appointed last year. Both successful candidates polled over 60% in a light turnout of just shy of 30% of those eligible to vote.
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