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the First Degree, Crossing Private Property and Assaulting a Peace Officer; Amending Sections 4.110, 4.808, 4.990, and 5.555, and Repealing Sections 4.131 and 4.732 of the Eugene Code, 1971 Lieutenant Rich Stronach was present for the staff report. He reviewed the proposed ordinance changes, noting they were intended to keep commonly used laws up-to-date with State statutes and department procedures. Councilor Farr asked why railroad property was treated differently than other private property. Lieutenant Stronach said that the ordinance enhanced the penalty somewhat for trespassers found on railroad properties due to the high risk of trespassing on such property. Councilor Farr asked if that meant the owners of railroad property received a higher degree of protection than other property owners. Lieutenant Stronach said no. Councilor Taylor asked if Eugene could have a different law from the State; for example, could Eugene decide that assaulting a police officer was not a felony? Mr. Klein said the council could delete that provision from local codes, but the State law would continue to apply inside the city limits. Mayor Torrey opened the public hearing. Ben Buzbee, 1306 East 18th Avenue, Student Body Vice President at the University of Oregon, thanked Councilor Kelly for alerting the student body to the issue, Officer Chris Kilcullen for sharing information about the issue with students, and Judge Wayne Allen for agreeing to delete the mandatory minimum sentences. He said that the students had wanted to ensure that the judges had discretion and could look at individual circumstances. He said that the diversion program was very important to the University's student body and had educational benefits that outweighed the benefits of a fine. There being no other requests to speak, Mayor Torrey closed the public hearing. Councilor Kelly appreciated the removal of the mandatory minimum sentences. Referring to the penalty schedule, he suggested that the penalty for furnishing alcohol to a minor be changed to parallel the graduated penalties in the 1999 ordinance regarding minor in possession instead of the proposed $5,000 maximum fine. Municipal Court Administrator Marilyn Nelson said that she discussed the issue with Presiding Judge Wayne Allen. Judge Allen had indicated that the court did not see many furnishing cases, and the offense was eligible for the Busted Diversion Program. Two of the three violations that were eligible for the diversion program were under consideration here, furnishing alcohol to a minor and allowing unlawful consumption. Of the three, the third offense, minor in possession, was the offense the court saw the most. Judges found furnishing to be the most serious of the three offenses. It was a deliberate act of providing alcohol to a minor. While $500 was a steep fine, a first-time offender diverted to the Busted Program would pay a total of $90. She said that only repeated convictions on the offense were involved, and the circumstances were very egregious. Ms. Nelson said that judges understood that the council was MINUTES--Eugene City Council June 10, 2002 Page 8 Regular Meeting