Next Up at City Council, June 4 – 5, 2008

The Portland City Council Agenda this coming week kicks off with five people speaking under Citizen Communications about the “Sit-lie” ordinance. “Sit-lie” (formal title “Sidewalk Obstructions”, City Code 14.50.030), combined with the “anti-camping” regulation, 14.50.020, makes it illegal to fall asleep on public property. There are not enough shelter beds to give every homeless person a place where they are allowed to sleep at night. Most non-profits and private property owners would need a Conditional Use permit to allow large numbers of people to congregate to sleep at night. Where are people without homes supposed to sleep, under the current regulations and programs?

I learned an interesting fact, talking with OHSU nursing students in a class this past Thursday. Studies have shown that up to 75% of homeless women left their previous residence because of domestic violence. Do we all agree that women and children should have safe places to sleep?

I support the Council in dedicating most resources to permanent supportive housing rather than temporary shelters. The Ten Year Plan to End Homelessness is surely the right overall approach. But people without homes should be allowed to sleep somewhere legally, in a city with more homeless people than shelter beds. I’d like the committees working on this issue to propose amendments to the anti-camping ordinance, to address this need.

Other important items on Wednesday morning’s list:

692 TIME CERTAIN: 10:00 AM – Council to convene as Budget Committee to approve a budget (Mayor convenes Budget Committee; Previous Agenda 606)

693 TIME CERTAIN: 10:30 AM – Council to convene as Portland Development Commission Budget Committee to approve the annual budget (Mayor convenes Portland Development Commission Budget Committee)

Interesting item on the Consent list:

704 Authorize City Attorney’s Office to file an amicus brief and participate in court proceedings in Sprint Telephony PCS, LP v County of San Diego (Resolution)

Details on that:

WHEREAS, the City of Portland is involved in litigation with Qwest Corporation, Qwest Communications Corporation and Time Warner Telecom of Oregon, LLC, in which the telecommunications providers seek to preempt the City’s franchise and permit regulations and requirements under provisions of the Federal Telecommunciations Act of 1996, 47 U.S.C. § 253 (“TCA”); and

WHEREAS, those lawsuits are now on appeal to the United States Court of Appeals for the Ninth Circuit; and

WHEREAS, the Ninth Circuit has granted rehearing en banc in Sprint Telephony PCS, LP v. County of San Diego, Docket Nos. 05-56076, 05-56435, which raises important questions of law regarding the interpretation of the TCA; and

WHEREAS, the outcome of Sprint Telephony, may have a significant impact on the City’s litigation, and, therefore, the City should participate in the analysis of the TCA,

NOW, THEREFORE, BE IT RESOLVED that the City Attorney or her designee, whether through the City Attorney’s Office or through counsel specially employed for that purpose is authorized to apply to the Court of Appeals for the Ninth Circuit and, if the case proceeds further, to the United States Supreme Court, for permission to file a brief or briefs as amicus curiae in Sprint Telephony PCS, LP v. County of San Diego, Docket Nos. 05-56076, 05-56435, to file such a brief or briefs, and to participate fully in all further proceedings on behalf of the City as amicus curiae.

Sounds like good use of a staff attorney’s time.

Here’s an item on Wednesday afternoon that I would have liked to have seen assigned to an evening hearing:

759 TIME CERTAIN: Approve the Multnomah County, Oregon Plan Regarding Use of Deadly Physical Force (Resolution introduced by Mayor Potter)

And why are land use hearings almost always set during the day?

760 TIME CERTAIN: 3:30 AM – Appeal of Pleasant Valley Neighborhood Association against the Hearings Officer’s decision to approve the application of David Douglas School District for a conditional use with an adjustment to build a new elementary school at 7010 SE Deardorff Rd (Hearing; LU 07-139994 CU AD)

I hope to find out more about this case from my friend and colleague Linda Bauer, longtime land use expert in Pleasant Valley.