CC Minutes - 04/23/01 Meeting - Laserfiche WebLink

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Councilor Kelly encouraged the council to adopt his substitute motion, saying he felt it was the judiciary's job to hand out punishment, not the police's, and the inclusion of the show cause process makes that decision a judicial one. While he acknowledged Councilor Farr's remarks about the need for input from Judge Allen, he pointed out that staff brought the item to the council one week before the expiration of the sunset. City Manager Johnson observed that show cause hearings would also require the presence of an officer, which would add costs to the police. He said that adoption of Option B would allow the council to take action and get its questions answered. Councilor Nathanson reiterated her interest in input from Judge Allen and also in passing an ordinance. Responding to a question from Ms. Nathanson, Officer Smith said the major impact of delay will be on the impact of the victim; a show cause could delay the period of exclusion for five days, giving the offender time to victimize again. In addition, her time would be taken up in court away from patrol time on the mall. Officer Smith had no comment to offer about the advantages of the show cause approach. She said it was important something be in effect so she did not lose a valuable tool. Lt. Roberts said that the advantages of the show cause approach concerned due process. The original ordinance addressed that issue by the inclusion of an appeal process. The show cause approach addressed the concerns of individual councilors, but he thought the original ordinance addressed that issue as well. Councilor Kelly acknowledged the monetary concerns but said, facetiously, that the City could address all such monetary concerns if it had the police issue all punishments on the spot at the time of arrest. He said that there was a balance between costs and different perceptions of the judicial process. Roll call vote; the motion to amend failed, 2:5: councilors Taylor and Kelly voting yes. Councilor Kelly, seconded by Councilor Fart, moved to amend the motion by adopting Attachment B, an ordinance concerning the downtown mall; amending the sunset provisions of Section 2 of Ordinance 20121 and Section 3 of Ordinance 20122; repealing Ordinance 20149, Ordinance 20150, and sections 1 and 5 of Ordinance 20196; and providing an immediate effective date. Councilor Kelly explained the motion would extend the sunset date by 90 days to July 31, giving time for staff to solicit input from the judge, for the community to provide input, and for Councilor Bettman's question about boundary expansion to be addressed. Roll call vote; the amendment to the motion passed unanimously, 7:0. Roll call vote; the motion on first reading passed unanimously, 7:0. City Manager Johnson said the council would consider Council Bill 4764 by number only. MINUTES--Eugene City Council April 23, 2001 Page 10 Regular Meeting