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Mayor Torrey solicited a first round of council questions and comments. Mr. Meisner acknowledged the State's need for revenue. However, he was not interested in a State law that merely raised the fines and removed a judge's authority to consider individual circumstances and needs. He commended the staff proposal and said he looked forward to the public hearing. He supported the suggestions offered by Judge Allen. He confirmed with Judge Allen that the City had the authority to deviate from State law. Mayor Torrey returned to the meeting and assumed the chair. Mr. Poling was pleased with the added language regarding trespassing. He said that the City must keep up with the times in terms of advancing technology. He thought the recommendations were moving the City in the right direction. He recalled that when the State had previously raised bail amounts, people were extremely angry, and were not hearing when they were cited that the bail schedule was determined by State law rather than the local jurisdiction. He hoped residents would keep in mind that the bail was the starting point, and not get upset at the officer issuing a citation. Given an understanding judge and the proper circumstances, Mr. Poling said, the bail would be reduced. He too looked forward to the public hearing. Ms. Nathanson believed the proposals before the council were ready to be considered by the public. She said the State's objective was increasing revenue, but the City's objective was to improve safety for the citizens. She thought Judge Allen had developed creative approaches to increasing education in the community, and thought the proposals showed good sense as well as sensitivity. Mr. Papd concurred with the remarks of Ms. Nathanson about the City's goal of increasing safety on the streets. He asked Judge Allen to consider what could be done to stop repeat red light runners. Judge Allen acknowledged the problem and said he did not know the answer. However, he recommended that the traffic team be at full strength at all times and commended the leadership of Sergeant Derel Schulz. He thought the increased fines discourage people. He noted that there were few repeat red light runners, while there were many people who repeatedly receive speeding tickets. Mr. Papd thought "inappropriate behavior" at a sporting event seemed a little broad for a criminal offense. Ms. Nelson referred Mr. Papd to the first page of the ordinance, which was specific about the types of behaviors involved. Ms. Brotherton indicated that the language in question was taken directly from State law. Mr. Barkovic pointed out the subsections already described conduct that were separate crimes under State and City law, such as harassment and disorderly conduct. He believed the rationale was to take existing prohibitions and add the authority of a sports official to enforce those laws without the need for a separate victim to come forward. The definitions were useful in defining the conduct. Only sub (b) was somewhat new to Eugene; he believed that there were rules to define that conduct. Mayor Torrey asked about fines levied against those incapable of paying the entire fine, and if the City would be responsible for making up the difference. Ms. Nelson indicated the City paid the State portion and then bore the burden of the uncollectible fine. Mayor Torrey asked Ms. Nelson to contact the Gold Beach City Administrator about potential legislative changes as he did not think the City should suffer the financial consequences. Ms. Taylor asked if there were already laws covering sporting events. She also questioned the use of the phrase "inappropriate behavior," as she considered it vague. She wanted to know what constituted "lewd gestures." MINUTES--Eugene City Council January 26, 2004 Page 3 Work Session