CC Minutes - 11/13/00 Meeting - Laserfiche WebLink

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Councilor Nathanson stressed that calls had to be monitored minute-by-minute so that a good- faith effort could be acknowledged. City Manager Johnson said that staff would have to rely on the 911 call center logs. The amendment passed unanimously, 7:0. In response to a question from Councilor Kelly regarding whether staff's preference was to have Municipal Court deal with the first citation and a hearings official deal with appeals, or to have Municipal Court handle the whole affair, Mr. Klein said that hearings officials would deal with questions of whether the notice was properly served and whether the penalty assessed was correct. He said that it made sense to staff to have a hearings official perform that function, but noted that it would not be illegal to have the Municipal Court handle both functions. City Manager Johnson said that staff preferred to have Municipal Court deal with Subsection 2(b) issues and the hearings official deal with Subsection 7 issues. Councilor Kelly, seconded by Councilor Rayor, moved to amend Subsection 2(b) of the ordinance to change from City Manager or designee to Eugene Municipal Court. The motion passed unanimously, 7:0. Councilor Kelly, seconded by Councilor PapS, moved to amend Subsection 3 of the ordinance to change the language "The special response fee is defined as the total cost incurred by the City in connection with the response" to "defined as the total cost incurred by the City caused by the response." The motion passed unanimously, 7:0. Councilor Rayor, seconded by Councilor PapS, moved to amend the motion by adding a sentence to Subsection 6 of the ordinance stating "A full refund for funds paid by the individual notice recipient will be issued to the notice recipient who has paid any portion of the special response fee assessed pursuant to Subsection 3 if the person can demonstrate that all persons cited or arrested at the gathering for which the fee has been assessed were acquitted in court. For purposes of this section the definition of acquitted does not include cases that were dismissed pursuant to the successful completion of a diversion program." The motion passed unanimously, 7:0. Councilor PapS, seconded by Councilor Taylor, moved to amend the motion by changing subsections 3 and 4(c) from 90 days to 60 days. Councilor Pap8 noted that the ASUO request was to change the time to 21 days. He opined that 60 days was more appropriate. He raised concern that so much of the discussion was centered on the University area but said that he had made his amendment to try and strike a compromise with the ASUO. Councilor Rayor called for information on other exclusion ordinances and the time limits enforced by them to see if 90 days was comparable. MINUTES--Eugene City Council November 13, 2000 Page 14 Regular Meeting