01/14/1987 Meeting (3) - Laserfiche WebLink

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e Replying to other questions of Ms. Ehrman, Ms. Pierce said the ordinance gives the Nuclear Free Zone Board power to do certain things and to develop a plan for funding activities. She said the $5,000 fee to anyone who succeeds in obtaining an injunction against a violation of the ordinance would be paid by the defendant. Mr. Potter said the estimated cost of $15,000 to $45,000 annually for the Nuclear Free Zone Board includes overhead expenses and the salary for a person who would work one-third time to full-time. Responding to questions from Mr. Miller, Ms. Pierce said no specific court opinions indicate that a ban on nuclear weapons activity is unconstitutional. However, similar bans on transportation of nuclear wastes, nuclear power production, and the storage of nuclear wastes have been declared unconstitutional although the bans have not been in nuclear-free ordinances. Answering questions from Ms. Wooten, Mr. Potter said enforcement and legal costs will depend on how active the City is in enforcing the ordinance. Mr. Gleason said minimum enforcement would mean the City's professional staff would have to investigate complaints which may have to be reviewed by attorneys who will file a finding. The City might have to defend a complaint. In the case of a violation, the City would be involved in the litigation. He said the C~ty has spent about $5,000 of staff time and $8,000 for legal work on the ordinance so far. Answering questions from Ms. Ehrman, Mr. Sercombe said the City Attorney has had a responsibility to defend the City since the ordinance was passed if a legal challenge to the ordinance is filed. e Mayor Obie said passage of the Nuclear-Free Zone ordinance has created somewhat of a maze for the council. He said it is clear that Eugene is a nuclear-free zone. It is also clear that the City has legal problems created by the ordinance as well as financial burdens. He said the council must find a solution to the problems. Mayor Obie distributed the outline of a process for implementing the nuclear- free zone ordinance. The outline was titled, "Mayor1s Proposal on Nuclear Free Zone." He said it acknowledged that Eugene is a nuclear-free zone and suggested applicants for a temporary Nuclear Free Zone Task Force be recruited from the City Council, research community, nuclear-free zone proponents, League of Women Voters, Chamber of Commerce, Cl ergy & Laity Concerned, education community, Planning Commission, and the Board of County Commissioners. The outline also suggested that the Task Force concentrate on advising the City on notification processes, advising the City on placement of nuclear-free zone signs, and studying legal issues, practical issues, and the relationship of the nuclear-free zone to the City's economic development programs. The outline suggested the task force should complete its work by April 1, but Mayor Obie said he would like to delete the date and ask the task force to complete the work as soon as possible. Mr. Holmer said he is concerned about the impact that the discrepancy between the regulations in Eugene and Springfield will have on economic development. He suggested that representatives from the Eugene/Springfield Metropolitan Partnership be appointed to the task force instead of representatives of the education community. e MINUTES--Eugene City Council January 14, 1987 Page 4