04/12/1978 Meeting - Laserfiche WebLink

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agricultural land must be preserved, the City responds typically another way. The City of Eugene has felt that land inside the City is urban land. By rejecting that argument, it would appear that doubt has been cast on ~ that basic plan provision. The validity of the rule itself may well be ... decided in this case. No city has been in a stronger position to argue that land inside is for urban use purposes than is Eugene at this time. If the City does nothing, then Mr. Long said it would be saying that LCDC has the right to review zoning actions, that it may substitute its judgment for a city's judgment. In his view, that is not permitted and LCDC does have that type of jurisdiction. An interesting legal question also is whether the intervenors could sit differently than the City Council for example, less quasi-judicially and being allowed ex parte contacts. That question would need to be looked into and would be important in the long run. Mr. Bradley suggested the idea of adopting the hearings official process on rezonings. Other options he mentioned were treating the decision of the City Council as valid and letting the intervenors decide whether to appeal, or let them do nothing a~d let the petitioners decide what to do. His position is that he has no problems with it coming back and having the City Council either adopt new findings based on the record or assign it to a hearings officer. Mr. Williams said he disagrees with Mr. Bradley regarding having it come back to the Council because of the precedent it would establish. He said that to say that adopting findings in advance is invalid is absurd. Mr. Obie wondered if Mr. Bradley considered LCDC to be the zoning authority for Eugene. Mr. Bradley does not see the issue as being that broad. He sees it as a narrow issue which involves correcting a procedure so as to legitimize a decision. He said that to do that would be to rehear the matter. His assumption is that the City may have done something wrong. If it is wrong, it would be easily corrected, ~ and the problem would be eliminated. Mr. Saul said he didn't know how .., that could be 'defined as a narrow issue. He feels Mr. Bradley is saying that the whole procedure is wrong. Mr. Haws said that he felt the motion was unnecessary as the staff could proceed as they had been authorized already to do so. Mr. Obie moved, seconded by Mr. Hamel, that Council accept staff's recommendations on how to proceed. Mr. Bradley suggested that the staff be instructed to seek a rehearing, but that, if that failed, it should come back to Council first before deciding whether to go to the Court of Appeals. Vote was taken on the motion which carried, Mr. Obie, Mr. Williams, and Mr. Hamel voting aye, Mr. Lieuallen, Mr. Bradley and Mr. Haws voting no, Ms. Smith abstaining, and Mayor Keller breaking the tie by voting aye. D. Status Report on Air Quality Maintenance Activities Assistant City Manager Keith Martin reviewed the background of the issues regarding the City's stand on clean air and livability. He noted that there is increasing evidence that there is inability of the filtering systems to catch sub-micron size particulate matters that are dangerous. There is no way to assess the ratio between large and small particulate matters. He said that the federal government, ~' 4/12/78--6 152