Item 3A: Approval of City Council Minutes

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Councilor Poling thanked City Manager Ruiz and Chief Kerns and commended the officers of the EPD. He shared Councilor Clark’s concerns about the City’s liability for the event. He believed the exemption exposed the City to liability. He also shared Councilor Clark’s concern about what happened on December 16. He believed it was time for the event to end. He thought the matter came down to fairness and consistency in how the City treated people as it regarded enforcement of ordinances and permit applications. He noted the many constituent calls he receive in opposition to the continuation of the encampment. Speaking to Councilor Clark’s question about what happened on December 16, City Manager Ruiz said staff would return to the council prior to December 15 and the council would have made a decision by that date regarding the future of Occupy Eugene. Councilor Farr did not think it would take much to turn what was now a positive experience into something negative given the absence of regulation. He questioned at what point the council would stop extending the exemption as he saw no end. He believed the camping ban was in place for good reasons and was intended not to exclude people but to ensure all were treated the same. He did not think the proposed deadline was a “real date.” Councilor Brown hoped that Occupy Eugene asked for future exemptions “until it gets the job done.” He did not care how many months the encampment lasted. He noted that other communities had allowed their Occupy movements to continue and he was willing to do the same if the encampment continued to operate safely. He was prepared to continue his support indefinitely and was also prepared to consider relocating the encampment to another location. Councilor Zelenka appreciated the pragmatic nature of staff’s decision making. He did not think the EPD would be able to handle the mass arrests that might be necessary if the encampment was ended. Councilor Zelenka agreed with others who said Occupy Eugene was a very positive event and he believed it was clean, safe, and well-run. Councilor Zelenka determined from City Attorney Brotherton that the motion did not sanction the event, its activities, and did not grant a permit; it merely exempted Occupy Eugene from the camping ban. Responding to a question from Councilor Clark about the staff response if the event spread to multiple locations, City Manager Ruiz anticipated staff would return to the council for direction if that occurred. Responding to a question from Councilor Farr, Chief Kerns said the EPD monitored the event and if officers found the atmosphere in the camp changing, they would notify the council. City Attorney Brotherton noted that the resolution gave the City Manager the authority to revoke the exemption in the case of an immediate public risk. While he did not discount the chief’s response, Councilor Farr continued to be concerned that things could become negative at the encampment very quickly, particularly as some people perceived the exemption to be an open invitation to camp in Eugene at the site. He questioned whether the EPD’s best efforts to respond would be adequate if things went wrong at the site. MINUTES—Eugene City Council October 24, 2011 Page 10 Regular Meeting