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He thought there were ways for the City to sort that issue and not place a burden on the landlord if the <br />damage was found to be caused by a tenant. <br /> <br />Councilor Pap~ asked if a tenant could use both State and City law at the same time in a rental dispute. <br />Mr. Klein said nothing in the ordinance or State law would prevent that. The City program was in <br />addition to the other remedies the tenant had. <br /> <br />Councilor Papfi was also interested in a sunset clause, saying his support for the ordinance might depend <br />on the inclusion of such a provision. <br /> <br />Councilor Papb indicated support for placing all program revenues in a dedicated fund. <br /> <br />Councilor Poling requested that text be prepared to amend the ordinance in a way that allowed the <br />property owner to be present during an inspection. <br /> <br />Responding to a question from Councilor Poling about the qualifications the City's inspectors would have, <br />City Manager Taylor said he was unsure at this point of the qualifications, but he anticipated staff could <br />develop an outline of the position's responsibilities prior to implementation of the ordinance. <br /> <br />Councilor Poling also supported establishing a dedicated fund for program revenues. He suggested the <br />potential that the fee could be reduced if the program costs were not as high as anticipated. <br /> <br />Councilor Poling noted the support expressed by the Harlow Neighbors neighborhood association for the <br />ordinance. <br /> <br />Councilor Meisner indicated support for the ordinance. He also supported a sunset or mandated review to <br />ensure the program did not become a "runaway bureaucracy." <br /> <br />Councilor Meisner asked legal counsel to prepare a written response related to the issue of retaliation as <br />raised in testimony. Would initiation of a tenant's complaint pursuant to the local ordinance trigger the <br />anti-retaliation provisions in State law? Mr. Klein indicated he would follow-up. <br /> <br /> Councilor Nathanson expressed concern about the proposed administrative structure and cost. She said <br /> she had requested statistical information from the proponents of the program about the scope of the <br /> problem and regretted that information was not available. Speaking to the mandated review or sunset <br /> issue, Councilor Nathanson hoped that good information was available for an adequate and meaningful <br /> review. <br /> <br /> Mayor Torrey asked staff to incorporate the recommendations of Mr. Cabell and Ms. Cuellar into the <br /> ordinance. <br /> <br /> Mayor Torrey wanted a comparison of what the State program and proposed City program would do. <br /> <br /> Mayor Torrey supported a sunset clause. He suggested two years of operation would be sufficient for an <br /> evaluation. <br /> <br /> Mayor Torrey called for a second round of council comments and questions. <br /> <br /> MINUTES--Eugene City Council November 8, 2004 Page 12 <br /> Regular Meeting <br /> <br /> <br />