Item 3A: Approval of City Council Minutes

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community’s high property crime rates, increasing violent crime, and limited jail beds. He anticipated that enforcement of the camping ban, which was a minor violation, would require thousands of hours in police overtime and would take away from the EPD’s ability to accomplish other work. He said staff perceived the protest as respectful and peaceful, leading to the recommendation before the council. City Manager Ruiz believed that the Occupy movement was somewhat unique in that it was a national movement. Staff was conscious of the need to be apolitical in regard to the movement but City Manager Ruiz felt responsibility for ensuring for the public safety and health of the entire community. He characterized the people involved in the movement as extremely respectful and very professional. Occupy Eugene participants wanted to continue to send out their message while minimizing their negative impact on nearby residents and businesses. City Manager Ruiz reported that he met with representatives of Occupy Eugene on October 21 and discussed a mutual desire for a collaborative approach that helped Occupy Eugene to achieve its objectives in a safe way. He expressed appreciation to those who attended and showed willingness to continue to work with the City. City Manager Ruiz acknowledged that the City was responsible for enforcing the City’s ordinances but because of the positive environment created by Occupy Eugene and the resource limitations mentioned by Chief Kerns, he had authorized Chief Kerns to exercise more latitude in the enforcement of those ordinances. The resolution the council would consider later exempted Occupy Eugene from the overnight camping ban, ending the issue about enforcement, established the site and a timeline, and stipulated that additional council action was needed if Occupy Eugene moved to another site. City Manager Ruiz anticipated that prior to the December 15 deadline staff would ask the council to extend the exemption or end it. Mayor Piercy expressed appreciation for the civility shown by all sides, which was demonstrated by Occupy Eugene when it vacated the Park Blocks so Saturday Market could operate and left the site clean. She commended Occupy Eugene for its respectful approach and said the staff recommendation was an effort to make the best use of City resources and elicit the most positive response from Occupy Eugene. She acknowledged community differences about substantial issues. Councilor Clark reiterated his support for free speech as well as the equal application of the law. Speaking to the question of liability, Councilor Clark pointed out the City had recognized Occupy Eugene as an official event and questioned how the City could avoid liability when it had waived the law that would otherwise require the event to have liability insurance. City Attorney Brotherton said the motion merely lifted the prohibition on camping for the Occupy Eugene. Councilor Clark asked how the City avoided liability. City Attorney Brotherton clarified that the City was not approving any of the activities occurring within the event. Occupy Eugene had not applied for a special event permit, which would normally lay out the conditions of the event’s use. Councilor Clark asked if the City had exempted Occupy Eugene from the need for an event permit. City Manager Ruiz said the City Attorney had indicated the exemption allowed for camping for a set period of time but it did not create a permit for the event, nor did the event require a permit. Noting the deadline for Occupy Eugene was December 15, Councilor Clark asked what the City would do on December 16. MINUTES—Eugene City Council October 24, 2011 Page 9 Regular Meeting