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<br />adopted in final form. The only appeal under the administrative rule process . <br />would be to the court, asserting that the City Manager exceeded his authority <br />under the ordinance adopted by the council. <br />Mr. Klein added that the council could establish a more detailed policy for a <br />matter which it wishes to regulate more closely; for example, it could <br />prohibit fireworks in certain areas and on certain days. <br />Mayor Jeff Miller asked how much latitude the City Manager would have in <br />interpreting the council's policies. Mr. Gleason responded that the council <br />retains oversight whether the code is adopted by ordinance or administrative <br />rule. If the council does not approve the manager's administrative rule, it <br />could draw it back. Actually, he said, the proposal would increase the <br />effectiveness of the council's oversight because it allows the council to <br />target the areas on which it wishes to focus. <br />In response to Mr. MacDonald's question, Mr. Klein stated that other cities <br />have adopted specific provisions to implement fire codes, but to his knowledge <br />none has yet adopted this approach. He added that the City of Eugene clearly <br />has the authority to adopt this approach. <br />Mr. Gleason stated that this is the first step to code simplification. He <br />added that the new procedure allows the council to focus on policy development <br />and distinguish areas in which State requirements prevent local variation <br />from areas in which the City has discretion. The council will decide the <br />boundary between policy and administration, and can raise to the policy level <br />any administrative aspects it desires. . <br />Ms. Bascom asked whether the administrative rule could be subject to automatic <br />council review at certain intervals. Mr. Klein replied that the council is <br />automatically notified of proposed fee changes; however, the normal process <br />with rules (unless it is a specific rule or part of an ordinance) is simply <br />publication and notification of interested parties. He added that the council <br />could be notified of every published rule, or of any proposed rule related to <br />a particular area. <br />Ms. Ehrman asked exactly how policy issues would be elevated for the council's <br />consideration. Mr. Gleason responded that the council could identify problems <br />with current administrative rules, and instruct the manager to develop a <br />policy to deal with them, offering certain criteria. Changes could be made <br />with greater agility because it would not be necessary for the council to <br />review the entire ordinance in order to do so. Mr. Gleason said that typical- <br />ly such issues arise under "Mayor/Council Discussion" when two councilors <br />request that the item be placed on the agenda. The council would have the <br />option of holding a public hearing, or instructing the manager to conduct a <br />public hearing. <br />Mr. Nicholson said the council could either amend the ordinance to place <br />permanent restrictions on the manager's discretion in an administrative rule, <br />or could instruct the manager to change an existing rule. <br />MINUTES--Eugene City Council October 26, 1992 Page 2 . <br /> 5:30 p.m. <br />