Admin Order 58-99-05 - Laserfiche WebLink

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r c P f} t~ 'I~ C1 ~ CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Dave Reinhard Date: February 23, 1999 Subject: Review of Administrative Actions under EC 5.050 You have asked for clarification of the proper question for consideration when the City Manager's designee proposes an administrative action under Chapter 5 of the Eugene Code. This issue is easiest to discuss in the context of an example. The example you present is that of the proposed closure of Stewart Road. The Eugene Hearings Official recently held that, in adopting an administrative order for the road closure, the question for consideration is "what do each of the criteria listed in section 5.055 tell us should be done with regard to the problems existing on Stewart Road?" The Hearings Official rejected the City's approach, which asked the question: "do the criteria listed in section 5.055 tell us that Stewart Road should be closed?" We believe that the proper question is that proposed by the City. Each of the criteria in section 5.055 should be considered in context of the proposed action - a road closure. EC section 5.055 states that "[t ]he administrative action of the city manager or the manager's designee shall be based on consideration of [nine listed criteria]." Therefore, if the proposed administrative action is for the closure of Stewart Road, each criterion must be considered in light of the proposed closure. If the criteria do not support the road closure, it is not justified. If you have any additional questions, please call me at extension 5080. HARRANG LONG GARY RUDNICK P.C. -- City Attorneys Of1vL'Jcj/N ye L J; fjj. Emily N. Jklome '" ENJ :cmc