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<br /> Ms. Bascom said she thought the plans for the August 6 observance looked good. <br /> She also suggested that the public testimony might be taken in a roundtable- <br /> e discussion format that would allow a "more fruitful" interchange of ideas. <br /> Mr. Gaydos said different formats had been discussed. He said the first two <br /> hearings had been and would be of a testimony format, but he added that the <br /> roundtable format might be considered for the third hearing on the final <br /> recommendation. <br /> Vice Chair Steve Johnson said he agreed that a strong consensus was likely on <br /> a number of issues but that it might not be likely on the scope of the <br /> ordinance. He said proposals were being presented in an attempt to reach <br /> greater agreement, but he was unwilling to speculate about their success. <br /> Mr. Bennett thanked Mr. Johnson for his willingness to speak and to listen, <br /> and he praised Mr. Johnson and Mr. Gaydos for their efforts with regard to <br /> task force process. Mayor Obie said he had heard similar comments, and he <br /> thanked them for their work. <br /> Ms. Wooten noted that the task force was a "highly charged" group. She said <br /> she had a great deal of respect for the process and thought members continued <br /> to work in good faith. She said some agreements were being reached, and all <br /> task force members were working very hard, addi ng that she expected the <br /> resulting recommendations to be worthwhile and acceptable. <br /> Mr. Rutan asked about legal issues, such as the constitutionality and <br /> enforceability of the ordinance, that had been raised at the time the task <br /> force was created. He asked how those issues were progressing and whether the <br /> ordi nance was bei ng changed substantively. Kathleen Pi erce of the Ci ty <br /> e Attorney's Office said she thought the task force was doing very well on legal <br /> issues. She said the pre-emption subcommittee was dealing with some of those <br /> concerns, and it appeared to be close to a consensus about sections of the <br /> ordinance dealing with the transportation and disposal of nuclear wastes and <br /> the production of nuclear power, which staff had identified as problematic in <br /> terms of pre-emption by State or Federal law. She said those sections <br /> probably would be reworded in ways that were constitutional. <br /> Ms. Pierce said the City Attorney had found no constitutional problems with <br /> the scope of the ordinance, but the issue there was whether the ordinance <br /> provided clear notice about violations and whether it could be defended or <br /> prosecuted by the Ci ty. She added that whatever decisions were reached, <br /> clarity of language was a strong goal of the subcommittee and the task force. <br /> She concluded that the task force was moving forward to address all of the <br /> concerns expressed in the original memorandum. She also said substantive <br /> changes were being made to the ordinance, specifically with regard to the ban <br /> on nuclear power production and the storage and transportation of nuclear <br /> wastes. Ms. Pierce said that if those activities were limited, it would be <br /> clear that the City intended to do so only in those areas in which it had <br /> exclusive jurisdiction and that were not pre-empted by State or Federal law. <br /> She said staff now was drafting language for those sections, which the task <br /> force would consider in a couple of weeks. Respond; ng to Mr. Rutan's <br /> question, Ms. Pierce said the City was not legally required to refer changes <br /> to voters. <br /> e MINUTES--Eugene City Council June 17, 1987 Page 7 <br />