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HomeMy WebLinkAbout05/29/1985 Meeting e e e M I NUT E S Eugene City Council City Council Chamber May 29, 1985 Noon COUNCILORS PRESENT: Cynthia Wooten, Richard Hansen, Emily Schue, Freeman Holmer, Ruth Bascom, Debra Ehrman, Roger Rutan, Jeff Miller. The adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Brian B. Obie. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Routes for Mopeds Mr. Hansen had noticed an increased use of mopeds and wondered what routes they can and should use (i.e., bikeways). He asked for a report from the staff. B. Permit Processes Mr. Rutan asked the BATeam to contact the managers of Big Boy and ask about the company's experience in moving to Eugene. He hoped to receive construc- tive comments about the City's continuing effort to expedite and improve the permit processes. C. East Bank Bike/Pedestrian Path Ms. Bascom asked for a staff report before the end of June about the east bank bike/pedestrian path between the Owosso Bridge and the Greenway Bridge. She said Lane County has improved its connection to the Owosso Bridge. She wondered if a way could be found to improve the City's connection. She would like the report to include the status of bike easements along the river. She invited other councilors to ride the bike path with a group this evening. D. Custom Station at Mahlon Sweet Field Ms. Wooten reported that the entire Oregon congressional delegation signed a letter supporting a custom station at Mahlon Sweet Field. MINUTES--Eugene City Council May 29, 1985 Page 1 e E. Community Development Committee Mayor Obie said he will make nominations to the Community Development Com- mittee after communicating with councilors. If not enough applicants are available, he will ask the staff to re-advertise the committee. F. Council Committee Assignments and Work Mayor Obie congratulated the council on the work it has done this year. He said councilors trust the opinions of other councilors who serve on committees. G. Amended Agenda City Manager Micheal Gleason said the agenda for this meeting has been amended to include an ordinance extending temporary ambulance rules (Item V). II. ROUTINE ITEMS FOR COUNCIL APPROVAL A. Legislative Subcommittee Meeting Minutes of May 21,1985 (minutes under distributed) Ms. Wooten moved, seconded by Mr. Hansen, to approve the Legislative Subcommittee meeting minutes of May 21, 1985. Roll call vote; the motion carried unanimously, 8:0. e B. Call for Public Hearings: Withdrawal of Properties From Glenwood Water District (Dale Fischer) (A/Z 84-2) (memo, map distributed) City Manager Micheal Gleason introduced the item. Res. No. 3920--A resolution calling for a public hearing for June 19, 1985, to consider withdrawal of property located on the east side of Henderson Street between 21st Avenue and 22nd Avenue from the Glenwood Water District. Res. No. 3921--A resolution calling for a public hearing for June 19, 1985, to consider withdrawal of property located on the southeast corner of 19th Avenue and Henderson Street from the Glenwood Water Di stri ct. Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolu- tions. Roll call vote; the motion carried unanimously, 8:0. III. RESOLUTION CONCERNING CONTINGENCY APPROPRIATION (memo, resolution distributed) e City Manager Micheal Gleason introduced the item. Clay Durbin, Communications Director, gave the staff report. He said the communication center became fully operational with the addition of the 911 system in April. Everything in MINUTES--Eugene City Council May 29, 1985 Page 2 e the center is operated with two computers which reauire an uninterruptable power supply (UPS) and a line conditioner. Four bids were received for the UPS. They ranged from $40,500 to 45,000. McPheeters Electric Co. entered the lowest bid and they have had considerable experience with UPS systems. Responding to auestions from Ms. Ehrman, Mr. Durbin said the system went down once and was taken down another time. One "down time" was caused by a static charge in the system and that possibility has been eliminated. When the system was taken down, the backup system operated. Res. No. 3922--A resolution authorizing the transfer of contingency appropriations within a given fund to official budget categories. Ms. Wooten moved, seconded by Mr. Hansen, to adopt the resolution. Roll call vote; the motion carried unanimously, 8 :0. e IV. METROPOLITAN WASTEWATER MANAGEMENT COMMISSION FY86 BUDGET (memo, background information distributed) City Manager Micheal Gleason introduced the item. Bill Guenzler of the Public Works Department gave the staff report. He said an annual review of the Metropolitan Wastewater Management Commission (MWMC) is mandated by the agree- ment which formed the commission. The Springfield City Council approved the FY85-86 budget. The Lane County Board of Commissioners also ratified the budget. The two advisory comments made by the Board of Commissioners were directed at their representatives on the MWMC, Mr. Guenzler said. Mr. Guenzler added that the entire MWMC budget is included in the Springfield city budget because Springfield administers the MWMC. Eugene regional sewer revenues and the contract expenditures for operating the wastewater plant are included in the Eugene city budget. The recommended budget assumes the regional rates will be reduced from $6.40 to $4.50 even though the Eugene council has not approved the rate change. Mr. Guenzler said the notes on page 34 of the budget were not a part of the recommendation from the MWMC. They were added to clarify the source of the funds. Responding to questions from Mayor Obie, Mr. Guenzler said the whole MWMC budget went through the Springfield budget process. The Eugene revenues collected by the Eugene Water and Electric Board (EWEB) and expenditures at the treatment plant for regional operations are in the Eugene Public Works budget and went through the Eugene budget process. Ms. Wooten said the Eugene subcommittee that reviewed the public works budget did not give much attention to it. Ms. Wooten moved, and Mr. Hansen seconded, to ratify the Metropolitan Wastewater Management Commission FY85-86 budget. e MINUTES--Eugene City Council May 29, 1985 Page 3 e Mr. Holmer said he will support the motion reluctantly. comments of the Lane County Board of Commissioners. The contain enough information to justify its ratification. different process will be used next year and that a more document will be presented. He agreed with the document did not He hoped that a understandable Answering a question from Mayor Obie, Ms. Schue, who represents the council on the MWMC, said the system is difficult. She said the MWMC spent more time on the rate study than on the budget this year. She agreed the process should be "worked over." . Responding to a question from Mayor Obie, Mr. Gleason said the representatives of Lane County, Eugene, and Springfield agree the system needs to be changed. As soon as consensus is gained, the staff will make recommendations. The MWMC has served the community well, but this is a logical time to change. The motion carried unanimously, 8:0. v. ORDINANCE EXTENDING TEMPORARY AMBULANCE RULES (ordinance distributed) e City Manager Micheal Gleason introduced the item. Assistant City Manager Dave Whitlow gave the staff report. He said the council adopted a new ambulance ordinance in November 1984 which established temporary rules and directed the establishment of an Emergency Medical Services Board within six months. It has not yet been possible to appoint members to the board and get them together. The temporary rules expired on May 19, 1985. He recommended the extension of the temporary rules for 90 days. Answering a question from Ms. Ehrman, Mr. Whitlow said a notice and public comment period will be associated with a change in the rules. There will not be a public hearing. CB 2825--An ordinance authorizing the City Manager to extend the effective date of the temporary ambulance rules; and declaring an emergency. Ms. Wooten moved, seconded by Mr. Hansen, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; the motion carried unanimously, 8:0. Council Bill 2825 was read the second time by council bill number only. Ms. Wooten moved, seconded by Mr. Hansen, that the bill he approved and given final passage. Roll call vote; all coun- cilors present voting aye, the bill was declared passed (and became Ordinance No. 19327). Mayor Obie adjourned the meeting at 12:28 and convened a work session in the McNutt Room at 12:35. All councilors were present at the work session. - MINUTES--Eugene City Council May 29, 1985 Page 4 Eugene City Council Work Session ~ VI. BUSINESS LICENSE REVISIONS--PHASE TWO (memo distributed) ~ e Ms. Smernoff of the Eugene Development Department reviewed the reasons for revising the business regulations. She said ambulances are an example of a business the City will license because of health and safety concerns. Viola- tions are processed through a hearings officer. Some other businesses, such as towing companies, can be regulated with uniform business practice laws. No licenses will be issued to those companies. Violations will be processed through municipal court. The uniform business practice laws and administrative procedures will be in Chapter 3 of the Eugene Code. Very few other cities regulate businesses with uniform business practice laws, but Eugene has done so with the towing ordinance for a year, and the police are pleased with the way it works. Ms. Smernoff reviewed the businesses that will be regulated with uniform business practice laws. Answering questions from councilors, Ms. Smernoff said a business license will be issued to private police agencies. The Eugene Police will test applicants who carry arms. The City will set the license fee, which will cover the City's costs for the test. Ms. Wooten asked why the City stipulates that taxi companies not hire someone who has recently been in prison. She said driving taxicabs seems an appro- priate way for people to re-enter society. Ms. Smernoff said people riding in taxicabs are concerned that the drivers know they're gone on vacation, for example, and may then burglarize their house. Responding to a question from Mr. Holmer, Ms. Smernoff said taxicab drivers must have a chauffeur's license. Ms. Schue said whether or not someone is permitted to drive a taxicab should depend on the crime the person committed. Ms. Smernoff said the City has not denied many license applications, but it has denied several taxicab driving applications because of prior criminal activity. The City has not had problems with taxicab drivers in Eugene because they are regulated. Most other cities do not regulate the kind of people who drive taxicabs. Responding to Questions from Ms. Ehrman, Ms. Smernoff said the police are concerned about gambling places. Uniform business practice laws would require background checks on applicants. The police want records of activity and they want access to the records upon request. Ms. Smernoff said the City is concerned about used merchandise businesses buying stolen goods and buying from minors. Councilors were surprised that it is not legal to buy used merchandise from people under 21 years of age. Ms. Wooten suggested lowering the age at which people can sell used merchan- dise to 18. Ms. Ehrman shared her concern. She wanted more information about the criteria for hiring by taxicab companies and private police agencies. MINUTES--Eugene City Council May 29, 1985 Page 5 Responding to a question from Mr. Miller, Ms. Smernoff said the City feels the ~ State regulations concerning carnivals are adequate. Mr. Holmer expressed concern about the wording of the proposed ordinance. He wanted to review it before the public hearing. Mr. Gleason responded that the council had no additional work sessions scheduled before the public hearing. Councilors discussed the process the council uses to review issues and a pro- posed ordinance before the public hearing and council action. Ms. Schue said a proposed ordinance should be available to the public before a public hearing. Mayor Obie postponed consideration of the Land Conservation and Development Compliance Reauirements (Pudding Creek Heronry), which was Item VII on the agenda, in order to continue consideration of the business license revisions. e Mr. Holmer was concerned about the City's liability in Section 3.015 (b) and (c) about the hold harmless agreement and the amount of insurance required by the rules. Mr. Sercombe responded that the City's liability would depend on the vendor's insurance and possible negligence of the City in administering a license. Ms. Smernoff said the kinds of insurance required will be specified in the ordinance. The amount of liability is determined by the City's risk management staff. Responding to a question from Mr. Hansen, Mr. Sercombe said the City's liabil- ity is limited to $300,000 per incident and $100,000 per person. The councilors cannot be held liable for discretionary or policy decisions. Answering questions from Mr. Miller and Ms. Bascom, Ms. Smernoff said the council had decided that food and flower vendors on public sidewalks should be covered by the proposed ordinance. Flowers vendors on private property will be regulated by an amendment to chapter 9 of the City code. Ms. Ehrman said the council had decided to require the same distance from similar businesses for flower vendors as for other vendors. Responding to a question from Mr. Miller, Mr. Holmer said he thought the right-of-way fee should be defined or what the city manager is expected to achieve should be limited in the ordinance. Ms. Wooten said people can appeal decisions of the city manager to the council. She did not think the council should set fees. Ms. Smernoff said right-of-way fees can be described in the ordinance as refuse fees are described in the ordinance. That solution addressed Mr. Holmer's concerns. Mayor Obie directed the staff to present two ways to figure right-of-way fees in the ordinance. Ms. Bascom asked the staff to include vendors of balloons on public sidewalks in the ordinance. ~ ----.~ --:--..,..-- MINUTES--Eugene City Council May 29, 1985 Page 6 .~ ~ 'e e e VII. LAND CONSERVATION AND DEVELOPMENT COMPLIANCE REQUIREMENTS--GOAL 5 (PUDDING CREEK HERONRY) Mayor Obie postponed consideration of the Land Conservation and Development Compliance Requirements (Pudding Creek Heronry). The work session was adjourned at 1:32 p.m. ~~- Mi c hea 1 Gl eason City Manager ,. (Recorded by Betty Lou Rarick) BLR :kb/1760C MINUTES--Eugene City Council May 29, 1985 Page 7 ,,: e e e M E M 0 RAN DUM May 29, 1985 TO: FROM: SUBJ: Mayor and City Council Planning Department WITHDRAWAL OF PROPERTY FROM THE GLENWOOD WATER DISTRICT On January 9, 1985 the City Council recommended approval to the Boundary Commission of an annexation request by Dale Fischer for proper~y iocated 1) on the east side of Henderson Street between 21st Avenue and 22nd Avenue and 2) on the southeast corner of 19th Avenue and Henderson Street. On April 4, 1985 the Boundary Commission issued Final Orders 823 and 825 approving the request. At present, all City services are available to the Dale Fischer sites. It is now necessary for the council to authorize the withdrawal of the property from the Glenwood Water District. Action Requested Adopt two resolutions calling for a public hearing on June 19, 1985 to authorize withdrawal from the Glenwood Water District of that part of the district annexed to the City or Eugene on April 4, 1985 by Final Order No. 823 and by Final Order 825 of the Lane County Local Government Boundary Commission. plhkme8 \ e Dale Fischer (A/Z 84-2) - ",....- --<~1JI 3.30 Acres I 0' 300' 1 ~~ I~ 11 [//1 Area of Request (Area 2) .~e \-, ,..\\ :0" ~o.~ e City r I-2 Southern County r~-2 190 Fa rwes t S te e 1 City I-2 \ I 300 (Area 1) Area of R e que s t ~I 'J, County C-1 22nd Avenue \ - . " i-'- I - 2 5~ e e e ~ M E M 0 RAN 0 U M May 24, 1985 TO: City Council FROM: Mike Gleason, City Manager SUBJECT: UNINTERRUPTABLE POWER SOURCE FOR COMMUNICATION CENTER The purpose of this memo is to request an appropriation of $41,500 from general fund contingency for the Communications Center. The expenditure is being made to provide the facility with an uninterruptab1e power source. As you know, the Communications Center presently serves the City of Eugene Police, Fire and Emergency Medical Services (EMS) and, under contract, provides Fire and EMS communications service to the City of Springfield and 24 rural fire protection districts. In addition, the center is the Central Lane County Public Safety Answering Point (PSAP) for the 911 emergency telephone system and receives calls for approximately 86 percent of Lane County. In the 911 function, the center serves 30 public safety agencies outside the city of Eugene. The Communications Center operates state-of-the-art computerized radio and telephone equipment and other sophisticated electronics which require constant, uninterruptab1e electrical power without voltage spikes. It must also be free of noise which may be interpreted as data. Presently, neither the regular commercial power nor the emergency generator installed in City Hall in 1964 are capable of providing a constant or clean power flow. As a result, the system goes through a restart seauence whenever it experiences a serious power fluctuation. Since the emergency generator has a start-up time of 10 seconds, any power loss also triggers the restart sequence. The ComCenter computers reauire one to one-and-a-half minutes to reset all terminals and equipment. As a result, we could, during a power loss or transfer to backup power, be unable to receive any 911 or other telephone calls or radio transmissions during this one to one-and-a-half minute interval--a high liability factor in police and fire emergencies, particularly given the number of agencies served. Any combination of failure of (a) the utility to provide clean power, (b) the backup generator to start quickly under a load (it is not feasible to design such a backup), or (c) the generator to provide clean power, will cause the system to shut down and go through a restart function which causes a loss of operational capability of one-and-a-half minutes. A UPS with a Line Conditioner will solve this problem. It provides battery backup, will filter noise from either the utility or generator, and could filter noise from other power sources userl in a prolonged emergency, such as a large portable generator. It would also remove peaks, fluctuations, i UNINTERRUPTABLE POWER SOURCE FOR COMMUNICATIONS CENTER May 24, 1985 Page 2 e transients, and noise from the power supply--conditions to which any computer-based system (or microcomputer) is highly susceptible and, in our case, could create a varying problem from restarts (operation loss of one-and-a-half minutes) to PC board hardware failures. In the center, we have experienced both problems, and continue to experience restarts because of the fluctuations in the commercial utility power. This item was not included in the original project because of our belief at that time that the existing emergency generator would be sufficient. Since the center began operating and we became aware of the situation, we have worked diligently to design the UPS, prepare bid specifications, and conduct the bidding process (the bid opening was conducted on May 23). This item is being brought directly to the City Council because of staff's desire to move as quickly as possible on the installation. State budget law allows for contingency appropriations to be handled solely by the City Council. If you have any questions, please contact Assi$tant City Manager Dave Whitlow (687-5010) or Communications Director Clay Durbin (687-5179). MG:je/044la e e .t e RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF CONTINGENCY APPROPRIATIONS WITHIN A GIVEN FUND TO OFFICIAL BUDGET CATEGORIES The City Council of the City of Eugene finds: ORS 294.435(3) stipulates that lIappropriations . . . shall, as a minimum, contain one amount for each organizational unit. . . of each fund. In addition, separate amounts shall be appropriated in each fund for debt service, special payments, interfund transfers, capital outlay, operating expenses which cannot be allocated to an organizational unit. . , and operating contingency,lI ORS 294. 435( 4) requi res that II . . . no greater expendi ture , . . of pub 1 i c money shall be made for any specific purpose than the amount appropriated therefore except as provided in. . . ORS 294.450. . .11 The City.s annual budget is an estimate of operating costs prepared six to eighteen months in advance of actual expenditures. During the course of administering the budget, the need to incur certain expenditures occasionally arises which could not have been anticipated prior to adoption of the budget and for which appropriations in that area had not been authorized. e ORS 294.450(1) authorizes II . . . transfers of appropriations within a given fund when authori zed by offi ci a 1 reso 1 ut ion . . . of the govern i ng body . . II The expenditures related to the transfers indicated on Exhibit IIAII attached hereto, and by this reference incorporated herein have been determined necessary for the efficient operation of the City, and should not be delayed to the next fiscal year. In order for the City to comply with ORS 294.450(1), the transfers indicated on Exhi bi t IIN' attached hereto, must be authori zed by the Counci 1 pri or to the expenditure of the funds. NOW, THERFCRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Based upon the above findings, and in accordance with ORS 294.450, the Finance Director is authorized and directed to make a transfer of appropriations as indicated on the attached Exhibit IIAII in the amounts and for the purposes stated. The foregoing resolution adopted this 29th day of May, 1985. e City Recorder RESOLUTION -- page 1 Amount TRANSFER OF CONTINGENCY APPROPRIATIONS EXHIBIT "A" From To GENERAL AND FEDERAL REVENUE SHARING FUND $41,500 Contingency Current Department-- Police RESOLUTION --page 2 fngmresc Reason Provide uninterruptable power source for Communications Center \ el e e e e e f Kay 23, 1985 To: Kayor and City Council Froa: Kike Gleason, City Kanager SubJect: RATIFICATION OF THE FY 85-86 KWKC BUDGET Backqround The intergovernaental agreeaent which constituted Metropolitan Wastewater Kanageaent Co.aission CMWftC) in 1978, requirea that Eugene, Springfield and Lane County ratify the annual budget. April 24, 1985 KWKC unaniaously approved the FY 85-86 budget. On Kay 20, 1985 Springfield City Council ratified the budget. On Kay 22, Lane County Board of Coaaissioners ratified the budget with two advisory coa.ent.: 1. Lane County representative. to KWKC propoae the establishaent of a budget co.aittee si.ilar to a atatutory budget co..ittee. 2. Diacuaaion of the consolidation of operationa/aaintenance functions with adainistrative functions should be considered in future urban tranaition aeetinga. Discusaion Significant features of the proposed budget are as follows: 1. The budget ia based on the average residential uaer rate of $4.50/aonth and equivalent chargea for other categories of users. . 2. The 1985-86 operationa and adainistrative budget shows a total reduction of lOX froa 1984-85. The.. reductions are 1n aaterials and aupplies and capital outlay. 3. Total remaining construction cost is estiaated at 810.3 ail lion: $8.3 aillion of that i8 prOJected for FY 85-86. All revenues and expenditures in the KWKC budget also appear in the Springfield city budget. All city of Eugene regional aewer revenues appear in the Eugene city budget along with the contract expenditures for operating the wastewater plant. Reco..ended Motion City Council ratify the proposed FY 1985-86 budget. '(1 '. M E M 0 RAN DUM e May 29, 1985 TO: FROM: Eugene City Council Eugene Development Department SUBJECT: BUSINESS LICENSE REVISIONS Background On April 22, 1985, you took action on Phase One of the Business License reV1S10ns. The purpose of Business Licenses is to regulate major community health and safety activities in a proactive manner. Council approved Phase One revisions, which included: 1. Reorganization of Chapter 3 to add clarity and consistency to what is being regulated. 2. Revisions to the administrative procedures that govern business licenses. 3. Adoption of new laws for Ambulance, Fire Safety, and Refuse and Recycling Collection. e 4. Deletion of Business Licenses for Building Demolition Contractors, Dance Halls, Lodging Facilities, Mobile Home Parks, Nursing Homes, House Movers, Sign Contractors, and Skating Rinks. Phase Two The majori ty of the reV1 S1 ons that are proposed in Phase Two focus on the adoption of Uniform Business Practice (UBP) laws for certain types of business activity. In addition, in Phase Two we also recommend: 1. The adoption of revised Business License laws for Gas Contractors, Private Police Agencies, and Sidewalk Vendors. 2. The deletion of the Public Solicitations Commission, the Advisory Committee on Gambling, and the Civil Service Commission. 3. The deletion of Business Licenses for Alarm Monitoring Services, Alarm Equipment Suppliers, Electrical Sales, Special Sales, Photographers, Transient Merchants. and Charitable Solicitations. Uniform Business Practices The purpose of UBP laws is to impose sanctions after there is reason to believe that a business is engaged in an activity that endangers the public health or safety. Businesses would thus be required to operate within laws established by UBP regulations. It is proposed that the following types of business activities be regulated by UBP laws: e 1. Private Protection Services (unarmed service) e 2. First Aid Vehicles 3. Taxi and Limousine Services 4. Weapons Dealers 5. Arcade and Amusement Businesses 6. Gambling Places 7. Used Merchandise Businesses 8. Commercial Solicitors The UBP laws would be in Chapter 3 of the City Code. Currently, Chap~er 3 is titled "Business Licenses." We propose changing the title to "Business Regulations.1I There would then be five major divisions to Chapter 3: Business Licenses; Uniform Business Practices; Downtown Development District Taxation; Transient Room Tax, and Eugene Performing Arts Center - Patron User Fee. e Business regulated through the UBP laws would not be licensed by the City. Rather, like the towing ordinance, there would be specific laws that must be abided by. If those laws are broken, the City has two enforcement options. Both options involve taking the person to Municipal Court and imposing a fine not to exceed 5500 and/or prohibiting them from conducting business within the city. Revised Business License Laws We recommend revisions to the following existing Business License laws: 1. Gas Contractors: The City has a safety concern about any person who installs or repairs any gas-consuming apparatus or piping system. Until the State begins to test and license individuals involved in this activity, we recommend that the City continue to do the testing and licensing. 2. Private Police Agency: Priva~e police are defined as persons who carry firearms or nave firearms in their possession when they watch, guard, or protect property or persons, or when they do investigative work. We recommend that such persons be tested to ensure thei r proficiency in the use of firearms and to ensure that they have not been recently convi cted of a felony, mi sdemeanor, or an offense involving theft or assault. 3. Sidewalk Vending: After one year's experience with the current commercial veneors rules, we are recommending modifications that primarily address sidewalk safety and congestion issues. We recommend that only one vendor be located per quarter block, that food and beverage vendors be 150 feet from restaurants, and that flower vendors be 150 feet from flower shops. We have also recommended that an annual right-of-way fee be charged to vendors for their use of the public right-of-way. e -2- ..~ Delete Boards and Commissions During the past several years, you have made a concerted ~ffort to not create new boards and commissions without careful consideration, and you have e eliminated boards and commissions when their primary missions have been accomplished. We are recommending the deletion of three boards because the focus of their activities have either changed over the years or will no longer be required due to revisions in the Eugene Code. The primary functions of the Public Solicitations Commission and the Advisory Committee on Gambling were to review business license applications for compliance with the Eugene Code. We are now recommending that the Charitable Solicitations Business License be deleted and that the Gambling be regulated through UBP laws. Changes to these licenses would negate the need for either body to perform a review of business license applications. In adopting the 1971 Eugene Coae, the City Council repealed all laws affecting the Civil Service Commission and abolished its duties. Thus, the commission has not had membership or been operative since that time. Deletion of Business Licenses In addition to the Business Licenses that you deleted in April, we also recommend that the following licenses be deleted. 1. Alarm Monitoring Services/Suppliers: This license primarily addresses how private alarm services are maintained and how they connect with public services. The 911 system changes how the City wishes to regulate services and suppliers. We recommend that these activities be regulated through modifications to Chapter 4 of the City Code and not by a Business License. The new language will speak to false alarms and the penalty for setting a false alarm. e 2. Electrical Sales: The City is not responsible for the enforcement of the Electrical Safety Law. In fact, the City is prohibited by statute from enforcing a local ordinance relating to the same matters encompassed by the Electrical Safety Law. Thus, any local law is preempted by the State law. The Attorney General suggests that the City report any local violations of the Electrical Safety Law to the State for enforcement through established civil penalty and injunction remedies. 3. Special Sales: This Business License was originally created to insure that firms going out of business did intend to go out of business and did not price their sale goods higher than they were originally marked. Because the primary purpose of the Business Regulations has been defined to address health or safety issues, there appears to be no reason to continue to monitor this type of business activity. 4. Photoaraohers: In the near future, the City will consider the regulation of commercial solicitors. Those laws will address concerns of not only door-to-door photographers, but any person who sells door-to-door or on the public streets. - 5. Transient Merchants: For purposes of City regulations, there are three basic types of merchants: those who operate in permanent structures and must abide by zoning and building jaws; those who operate on the publ ic right-of-way; and those who do outdoor -3- e e e Action merchandising on private property. We propose regulating those operating on the public right-of-way through the Sidewalk Vending Business License and Commercial Solicitors UBP laws. To address outdoor merchandi sing on pri vate property, we recommend that the City Council di rect the P 1 ann i ng Department to prepa re amendments to the Commercial Zoning District standards in Chapter 9 of the Eugene Code. The amendment would address the outdoor merchandising of products such as flowers on private property. 6. Charitable So14citation: This portion of the Business License laws has not been enforced since July 1984 because the City Attorney.s Office advised us that several sections of this law violate free speech and due process. Enforcement of the existing laws could result in municipal and individual liability. There is proposed state legislation (HB 2217) that couid affect how charitable so 1 i citors operate in the stat.e. We recommend waiting until the State legislature acts on this bill and then make a determination about how we should proceed. While we wait for State action, the staff continues to research how to best address issues such as begging and door-to-door sales. On June 10, 1985, we will present the draft recommendations to you for your review and action. No action is requested on May 29. We will be available to more fully describe the proposed laws and answer your questions. If you have comments or questions before the meeting, please feel free to contact Susan Smernoff at 687-5494. eds1s043 5/85 -4-