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