CC Minutes - 06/28/99 WS - Laserfiche WebLink

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Ms. Taylor said that the ordinance granted the manager a tremendous amount of power, and she was particularly concerned about the provision related to congregations of people. She asked if the ordinance could be revised to ensure the manager consulted with the council when circumstances permitted. Mr. Johnson did not object to such a provision. Mr. Fart understood the concern voiced by other councilors regarding the broad authority granted by the ordinance to the manager, but he said that in emergencies a single authority was required. He suggested that, to address the council's concerns, the City form an advisory group for the manager to consult with. Mr. Johnson suggested the ordinance be tied to the plan so that it was clear the ordinance was triggered by a level 3 event. Mr. Fart endorsed that approach. Mr. Kelly liked Mr. Johnson's suggestion. Mr. Kelly referred to the penalty section of the ordinance and said it was unclear what constituted a violation of the section of the code. He asked if a violation was failure to follow the City Manager's orders, and asked that be made more clear. Mr. Kelly said that the existing code included information on interim emergency succession that included an incorrect charter reference. Mr. Meisner believed the council's authority over the manager should be specifically noted in the ordinance. He did not find the powers granted to the manager in the ordinance were draconian, particularly given the circumstances. Responding to a question from Mr. Johnson, Mr. Torrey suggested that staff determine whether to request another work session following the receipt of additional input from the council. Mr. Torrey requested a definition of when a riot was legally a riot. C. Work Session: An Ordinance Concerning Theft-Related Offenses and an Ordinance Concerning Alcohol-Related Offenses Sergeant Richard Stronach provided a brief staff presentation on the proposed ordinances. Mr. Farr asked for information on Section 4.131 and how it applied to situations where a family member was visiting other family and allowing younger family members to consume wine. Sgt. Rich Stronach said that State law allows for a parent or guardian to provide alcohol to a minor if the minor was under the control of the parent or guardian. He said that the ordinance attempted to address the out-of-control keg party where there was no controlled access to alcohol. Mr. Farr said that he was interesting in avoiding unexpected circumstances, and instances where neighbors complained about a minor's use of alcohol because of a personal dislike. Sgt. Stronach said that the ordinance was more focused on the extreme situations. Mr. Schmidt said that the ordinance was identical to State statute. He said that the police had a certain amount of discretion in issuing citations in such cases. Mr. Farr asked if the ordinance could be modified to address his concerns. Mr. Johnson questioned if such a modification was necessary given State law. Mr. Schmidt indicated he would research the issue. MINUTES--Eugene City Council June 28, 1999 Page 6 5:30 p.m.