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<br /> <br />At the direction of the City Council following the November 22, 2010, public hearing, two additional <br />changes were developed as options to the DPSZ ordinance. Attachment C provides a new version of the <br />DPSZ ordinance, marked as Option B that includes: <br /> <br /> <br />Adding a new section to E.C. 4.875 Downtown Public Safety Zone - Issuance of Notice to Show <br />Cause. The new section, E.C. 4.874 (f), states the show cause notice provided to the person <br />arrested or cited for applicable offenses shall include: “A statement that the person has the right <br />to utilize the city’s advocacy program, at no expense to the person, and a statement providing <br />advocate contact information.” The section introduces a new program to provide advocates for <br />individuals who request assistance and plan to appear at their show cause hearing. Such a <br />program could be developed by the City in several ways. The Eugene Municipal Court could hire <br />a temporary employee or contract with an advocate to provide support services to individuals <br />who are appearing at a show cause hearing and are subject to exclusion. A preliminary <br />discussion has been held with two non-profit service providers to discuss the feasibility of such a <br />program. <br /> <br /> <br /> <br />Language is deleted in E.C. 4.876 Downtown Public Safety Zone – Exclusion Orders – <br />Procedure section (1) to eliminate temporary exclusion orders. Some members of the City <br />Council requested the elimination of the temporary exclusion as a means to partially address <br /> <br />concerns expressed about the ‘due process’ rights of individuals subject to exclusion. <br />Temporary exclusion orders were designed to bridge the time period between the arrest and <br />citation of an individual for a crime subject to exclusion and the show cause hearing. Judges <br />have used the temporary exclusion at jail arraignments to help keep individuals from returning <br />immediately downtown. <br /> <br /> <br />RELATED CITY POLICIES <br />This topic relates to the Safe Community Vision: A community where people feel safe, valued, and <br />welcome. In addition, the topic also relates to several of the City Council’s goals: the Homeless, <br />Sustainability, Downtown and Police Initiatives. The Park Rules currently provide an option of <br />exclusion from parks and playgrounds for certain offenders. <br /> <br /> <br />COUNCIL OPTIONS <br />1. Adopt Option A of the DPSZ ordinance, which is the ordinance as presented at the November 22, <br /> 2010, public hearing; <br />2. Adopt Option B of the DPSZ ordinance, which, in addition to the amendments contained in Option <br /> A, includes the notice requirement regarding the advocacy program, and the deletion of temporary <br /> exclusions; and also adopt a motion directing the City Manager to create an advocacy program; <br />3. Modify the ordinance and adopt it; <br />4. Reject the ordinance. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br />The City Manager recommends Option 2 above, adoption of Option B of the DPSZ ordinance to extend <br />the sunset date of the DPSZ Code provisions by 18 months; amend EC 4.874(1) and (2) to add sexual <br />offenses and ORS provisions; amend EC 4.875 to add the notice requirement regarding the right to an <br /> Z:\CMO\2010 Council Agendas\M101208\S101208B.doc <br /> <br />