HomeMy WebLinkAbout07/29/1981 Meeting
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M I NUT E S
e Eugene City Council
City Council Chamber
July 29, 1981
11:30 a.m.
COUNCILORS PRESENT: Gretchen Miller, Brian Obie, Betty Smith, Mark Lindberg,
D. W. Hamel, Eric Haws, Cynthia Wooten, and Emily Schue.
Adjourned meeting of the City Council of the City of Eugene, Oregon, was called
to order by His Honor Mayor Gus Keller.
I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA
ADJUSTMENTS
A. Presentation of Award
Mayor Keller presented the annual Municipal Finance Officer's Association of the
United States and Canada Award for Fiscal Year 1980-81 to Bill McGuire, Finance
Director. He thanked Mr. McGuire for his contributions and congratulated him.
B. Report from Local Electric Energy Committee
e Ms. Wooten stated that the acting mayor had appointed her to the Local Electric
Energy Committee. She attended a meeting, and they consolidated a grant appli-
cation for local jurisdictions, including public and private utilities. These
proposals will be submitted August 14, 1981. She would like authorization for
two additional proposals which would benefit the City of Eugene. The first
proposal would entail determining the economic and energy consequences of a
municipal ordinance regulating electrical energy use in new residential and
commercial structures. The second would be to complete a city-wide solar
resource assessment, which will develop a data base showing the monthly and
annual amount of solar energy falling on existing houses and buildings which
could be used for space heating, water heating, and electrical generation, and
to determine appropriate techniques for protecting access to solar energy for
existing residences and businesses. These proposals were developed by Oregon
Appropriate Technology in consultation with Greg Page, City Technology Coordi-
nator, and will be subcontracted to OAT. These two grants would total $75,000.
L-COG supports these two developmental proposals. She asked for council concur-
rence in submittal of these applications to BPA and noted that she would con-
tinue to update and brief the council. She also noted that individual grant
proposals can be submitted to Bonneville Power Authority for the City.
Mr. Obie noted that he would like this matter referred to Greg Page to receive
a more formal staff presentation. Ms. Wooten stated that this must be reviewed
now as the application deadline is August 14. She apologized for the short
notice, but felt they should be submitted. Mr. Gleason added that on August 14,
formal submittal of the applications must be done. The council could withdraw,
e at the time of the award, after a more complete review if that was its desire.
MINUTES--Eugene City Council July 29, 1981 Page 1
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Ms. Wooten stated that these are strong proposals but the City could choose not
e to accept these even if they were awarded. Ms. Schue added that the L-COG board
has not taken a specific position but the L-COG board is supportive of the
committee, although they have not supported these specific proposals in their
request. Ms. Wooten clarified that the L-COG staff is in support, although
there has been no official position from the board.
Ms. Miller asked what the regional total of the award would be. Mr. Page stated
it would be $500,000. L-COG is submitting a grant on its own, and these appli-
cations will be separate. Ms. Miller stated she feels that staff should proceed
with these applications and council can get more information later. She said
that this will not be the City's major effort for conservation as these funds
are intended for research and small target projects. There should be substan-
tially more money later. Mr. Page responded that the City is trying to receive
grant funds for two ideas which seem to make sense. Ms. Smith added that the
council could request that more information be sent to them. Ms. Wooten added
that these projects will be subcontracted. Ms. Smith stated she would like
information on the funding situation along with other information. Mr. Page
responded that he would provide this to the council. Mr. Obie suggested holding
this item over and placing it on the August 12, 1981, agenda. Council consensus
was to do this.
C. Boundary Commission
Ms. Wooten stated that the Boundary Commission Advisory Committee is considering
a budget supported by fees and assessments of local jurisdictions. They will be
meeting again Friday, July 31. She would like the council to authorize the
e City's commitment to the committee of the assessments as outlined in order to
maintain the Lane County Boundary Commission.
Mr. Gleason stated that these funds would have to come out of contingency.
He would recommend that this should be done. Failure to authorize the budget
would mean there would be no budget for the Boundary Commission; therefore, no
Boundary Commission. Ms. Wooten noted that she had voted to support the
Boundary Commission yesterday and the assessments will be voted on Friday. She
has asked the City Manager to look at alternate proposals for fees and assess-
ments so that the issue of taxation might be alleviated. Mayor Keller noted
agreement with Ms. Wooten's support of the Boundary Commission. Ms. Smith added
that the council had taken an official position on this item through the Legis-
lative Subcommittee. It is critical to retain the Boundary Commission.
Mr. Obie moved, seconded by Ms. Smith, to adopt and confirm the
council's willingness to spend $18,750 in support of the Boundary
Commission with a representative being authorized to forward
council's position on this matter. Roll call vote; motion carried
unanimously.
Mr. Gleason indicated that staff would come back with a formal resolution
transferring the money.
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MINUTES--Eugene City Council July 29, 1981 Page 2
D. L-COG Survey
e Ms. Schue stated that the L-COG survey form is due to Elaine Stewart, Acting
Council Assistant.
E. Improperly Parked Cars
Mr. Obie stated that he is concerned about cars that are being parked illegally
on private property. Signs have not been present or not very visible. He is
concerned when towing companies are being predatory. He would like proper
notice and signing to be required and to have this included in the ordinance
review. Mr. Gleason said a report would be brought back.
F. Airport Solicitation Memo
Ms. Miller stated that the Airport Solicitation memo of June 14, 1981, regarding
handbills, etc., seems to be unconstitutional. She would like to know more
about the process. Mr. Gleason indicated a staff report would be brought back.
G. Appointmel'-lts
Ms. Miller moved, seconded by Mr. Obie, to appoint Pat Vallerand
to the Citizen Involvement Committee for a term expiring June 30,
1984; to appoint Jean Names to the Eugene Commission on the Rights
of Women to fill the unexpired term ending January 1, 1982, Arlene
Platt as first alternate to the Eugene Commission on the Rights of
Women, and Gail Wiemann for second alternate to the Eugene Commis-
e sion on the Rights of Women; and to appoint Sarah Chandler to
the Metropolitan Area Plan Advisory Committee position for the
term expiring June 30, 1984. Roll call vote; motion carried
unanimously.
II. PUBLIC HEARINGS
A. Ordinance Adopting the 1979 Uniform Fire Code (memo and ordinance
distributed)
Mr. Gleason stated that most of the revisions are administrative with some
changes in inspection. He indicated that Dick Christensen, Fire, is available
to answer questions.
Public hearing was opened; there being no testimony, public hearing was closed.
CB 2342--An ordinance adopting the Western Fire Chiefs and International
Conference of Building Officials' Uniform Fire Code with certain
modifications, additions, and deletions, amending Sections 8.190,
8.195, and 8.200 and deleting Section 8.203 of the Eugene Code,
1971; and declaring an emergency.
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MINUTES--Eugene City Council July 29, 1981 Page 3
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the
second time by council bill number only, with unanimous consent
e of the council, and that enactment be considered at this time.
Roll call vote; motion carried unanimously.
Council Bill 2342 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18843.
B. Easement Vacation for Halvorson/Bennett (EV 81-3) (map distributed)
Public hearing was opened; there being no testimony, public hearing was closed.
CB 2343--An ordinance authorizing vacation of a 14-foot-wide public utility
easement located south of Royal Avenue on the west side of
Driftwood Drive.
Ms. Miller moved, seconded by Mr. Obie, 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; motion carried unanimously.
Council Bill 2343 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
e and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18844.
C. Easement Vacation for Vernon Cooper (EV 81-4) (map distributed)
~
Public hearing was opened; there being no testimony, public hearing was closed.
CB 2344-An ordinance authorizing vacation of seven feet of a 14-foot
drainage easement adjacent to the north property line and the
entire 14-foot drainage easement adjacent to the east of the
property line of property located on the northeast corner of
Larkspur Avenue and Tabor Street, west of Norkenzie.
Ms. Miller moved, seconded by Mr. Obie, 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; motion carried unanimously.
Council Bill 2344 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18845.
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D. 1981 Restoration Loan Applications for Historic Landmarks Funded
e With City Moneys (memo and additional information distributed)
Mr. Gleason introduced Judith Rees, HCC.
Ms. Rees stated that on July 16, 1981, the Historic Review Board reviewed nine
applications for restoration loans for historic landmarks. The board unani-
mously agreed that five applications be recommended to the council for approval
and the other four were unanimously approved for funding with CDBG moneys. The
recommendations are as follows: the owners of Bennett House, 240 High Street,
are recommended to receive $2,220 on a ten-year loan with an interest rate of
nine percent; the owners of Fairmount Presbyterian Church, 1910 East 15th Avenue
(Maude Kerns), be loaned $10,000 for ten years at nine percent; the Tiffany
Building owner be loaned $10,000 to restore mezzanine windows, for ten years at
nine percent; the owner of link House and Barn, 221 East 3rd Avenue, is recom-
mended to receive $10,000 to reroof and repair exterior detailing on the house
and provide structural repairs to the barn including the roof and floor for a
ten-year loan at nine percent; and the owners of apartments at 235 East 2nd
Avenue be loaned $7,765 on a ten-year loan at nine percent. The apartments are
not significant, but there are moneys available for funding this request based
on the guidelines for restoration of "other" structures within a historic
1 andmark area. She indicated that Deirdre Malarkey, Historic Review Board, was
available to answer additional questions.
Mr. Hamel asked about the ATO house on Oak between 11th and 12th. Ms. Rees
stated that was not one of the 15 applications that had been submitted. An
application must be submitted by an owner or long-term lessee and there are
e legal problems with the ownership.
Public hearing was opened; there being no testimony, public hearing was closed.
Res. No. 3557--A resolution authorizing a secured loan for restoration
of Bennett House (ESB).
Ms. Mill er moved, seconded by Mr. Ob i e, to adopt the reso 1 ut i on.
Roll call vote; motion carried unanimously.
Res. No. 3558--A resolution authorizing a secured loan for restoration
of the Fairmount Presbyterian Church.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
Res. No. 3559--A resolution authorizing a secured loan for restoration
of the Tiffany Building.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
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Res. No. 3560--A resolution authorizing a secured loan for restoration
e of the Zink House and Barn (ESB).
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
Res. No. 3561--A resolution authorizing a secured loan for restoration
of 235 East 2nd (ESB).
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
III. 2,4-0 USE BY PUBLIC AGENCIES WITHIN THE CORPORATE BOUNDARIES OF THE
CITY OF EUGENE--STAFF RESPONSE TO COUNCIL INQUIRY (memo distributed)
Mr. Gleason stated that staff is available to answer questions, but the memo is
self-explanatory.
Ms. Wooten appreciated the information and indicated that it is a good report.
In regard to School District 4-J, paragraph 4 of the memo, she asked if Tim Rhay
could tell how many applications they will make this year in the 37 locations.
She is encouraged by the progress in the parks program for integrated pest
management, but is concerned about the cumulative effect on people who are
exposed to even small dosages of toxic herbicides. While EPA has registered
2,4-0, many tests are being redone and no one knows the long-term impact. In
the short term, some children and adults are extremely sensitive. She is
e preparing independent research to give to the council in the fall regarding
the possibility of banning the use of 2,4-0 within the city limits. Other
alternatives could possibly be pursued at that time. Mr. Lindberg feels that
integrated pest management seems like the best program in Eugene. In the
future, he would like to encourage other jurisdictions to use similar programs.
4-J has allowed volunteers to pull the weeds instead of using pesticides. He
asked if it would be possible for this to be done in parks. Tim Rhay, Parks
Maintenance, stated that that is occurring in at least one neighborhood already.
With integrated pest management, no applications are made where there is no
infestation so that would preclude the use of 2,4-0. There is a question as to
whether hand removal of weeds is effective. Mr. Lindberg asked what th~ effect
is of exposure to alternative chemicals and what would be used if 2,4-0 would be
el iminated. He stated that comparison would be helpful. Ms. Miller indicated
that she appreciates the effort that the Parks Department has made and would
like to see further reduction in use of these chemicals, especially 2,4-0. She
will be looking forward to seeing further council discussions and action later.
It is important to recognize that the Parks Department has been taking steps in
the last few years. She would like to know if the program of spraying,
especially in play areas, includes advance notice to warn citizens.
Mayor Keller noted that Duane Hatch, Lane County Extension Agent, has requested
an opportunity to speak. Council concurrence was to allow him to speak.
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MINUTES--Eugene City Council July 29, 1981 Page 6
Mr. Hatch stated that there are probably no materials more respected than 2,4-0,
and it was easier to get people involved with rumors than with facts. The facts
e are available from each point of view. His children have not been harmed by
this innocuous weed killer, and he does not feel it is poisonous. Danger is
related to exposure and dosages received. The use is being reduced with
alternatives, and he is not sure manual control is effective in weedy turf.
He would rather not be in the vicinity of parks with weeds. He is not sure that
the majority of Eugene citizens dislike the use of 2,4-0. He hopes the council
will make a decision based on input from knowledgeable experts on both sides.
He read an article from Dow Chemical on 2,4-0. He said he does not feel that
the producer of the brochure would cause its accuracy to be any less just
because they also manufacture the substance. Ms. Wooten stated she did not
believe a debate on the merits of use of herbicides is appropriate. She does
not think this controversy will be resolved within her lifetime. If the council
chooses to err, it should be on the side of health and safety. Mr. Gleason
added that one item in Tier II is equipment to maintain healthy turf without use
of chemicals.
IV. CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL COURT JUDGE SELECTION
PROCESS (memo, ordinance distributed)
Mr. Gleason introduced Sandra Franklint Municipal Court.
Ms. Franklin stated that her presentation is in response to the request for more
information of alternative selection processes for municipal judges. Several
options are available. For selection, the council could choose to have: a
- bar poll, applications from interested candidates, or nominations of eligible
attorneys by the councilors, and any of these could be handled through a
screening process of the Mayor, the council, or staff. By charter, the council
may appoint judges by terms and at salaries it specifies. In regard to terms,
the options include: specific terms of office; a continuing appointment termi-
nable without cause, or a continuing appointment with periodic formal reviews.
Several Oregon cities were contacted regarding their methods of judicial selec-
tion and retention. Performance appraisal methods vary from city to city, with
most of them being informal. The council was provided with a tabulation of
the results of the contacts by staff. There are many possible systems by which
judges are selected, appointed, and reviewed, but there is limited comparability
to Eugene's situation.
Mr. Obie stated that he would like the department heads' and judges' opinions on
the proposed ordinance. Ms. Franklin responded that this would change the
current system and could cause it to be more political than it is now. Also, it
would limit the council's options somewhat. Judge Bocci, Municipal Judge,
stated that he does not understand the purpose of this proposed amendment. The
current system, although allowing the same judge to continue, provides the City
with good service. The City's municipal court is reknowned throughout the
state. He cannot understand how this ordinance would give the council any
greater authority than it now has. The council can discharge a judge now with
or without cause. If this is to be a mechanism for performance review, then
the council could have a committee look specifically at that issue.
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MINUTES--Eugene City Council July 29, 1981 Page 7
Ms. Smith stated that at her request, other options have been presented. The
- comments being made that would cause this to be more political would not be
good. Judge Bocci stated that the current ordinance serves the purpose well and
he would support a review process. The council has the authority it needs in
the current system. Judge Bocci agreed that the council has the authority to
discharge. Ms. Smith asked if he had talked with other judges in the court
systems. Judge Bocci stated that he had talked to those in Municipal Court, and
they share his views 100 percent. He has not specially contacted other judges
in the area, but comments in the past from other court systems have also been
favorable. Ms. Smith stated that she is not willing to support the ordinance as
now presented. It could be revised or modified for a compromise. Ms. Mill er
indicated she would be happy to serve on a task force to do this. She will not
support renewing the present contract until this is done. She has been working
on this project since spring of 1980. The memo she sent to the council June 30,
1981, summarized the areas to be changed. First, the council hires the Muni-
cipal Judge and the City Manager. They have daily contact with the City
Manager, but not with the Municipal Judge. Most of the council do not receive
input on judges' performances unless there is a complaint. This review should
come before the council on a regular schedule. The Manager oversees all other
departments, and the council has not been exercising its authority. She woul d
like to see an automatic review procedure implemented. Second, she has a strong
suspicion and belief that more is being paid than necessary for judicial ser-
vices. It is difficult to compare with other cities. The only way to find
out is to open this job up for bids to see what people will do it for. The
Municipal Judge position is challenging, but not the most challenging job
around. Much of it is routine, with some difficult problems occasionally. Many
people would like the opportunity for a job like that. She thinks it is pos-
e sible that some people would do it for less money and be as qualified and as
competent. It is different paying an hourly rate for municipal services than it
is in an attorney's office, where they have their own office and support staff
costs. The council should decide what it expects, the qualifications that are
necessary, and see what happens. The system now has automatic rate increases.
A system needs to be developed and until these goals are accomplished, she is
not willing to renew the contract.
Mr. Haws stated that he agrees this is a good idea. He does not have anything
to do with the current system, but would like to see the system put in writing.
The current system may restrict the council. He personally does not care what
the Lane County Bar thinks and would like to make his own decision. He is not
sure how this limits the council's ability and would like more clarification.
Judge Bocci stated that the council now has unlimited authority and this ordi-
nance would tie the council to someone for four years as well as to the selec-
tion process. He agrees it should not be a popularity contest. Mr. Haws asked
about the limiting aspect of the ordinance. Ms. Miller stated it might be good
to go through this procedure every four to six years and, in the interim,
applicants could serve at the pleasure of the council. The ordinance gives
greater flexibility with regard to the Lane County Bar. Now, the council
must pick from the top three of the bar poll. Mr. Haws said nothing has been
done in the six years he has been on the council. He does not agree with taking
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MINUTES--Eugene City Council July 29, 1981 Page 8
the top three listed on the bar poll necessarily, but perhaps the poll's results
could be taken as advisory. He feels the bar should pay for the poll if they
e want one done and provide the information to the council.
Ms. Schue asked when the current contract expiration date is. Ms. Miller
explained that the contract expired June 30, 1981. Ms. Schue agreed that more
oversight would be good. She suggested forming a subcommittee.
Mr. Hamel stated that six-and-one-half years ago, the council went through this
when Councilor Bradley brought it up. Judge Bocci has been in that position
for a long time, and much inflation has occurred. Any judgment should be based
on his performance, not his salary. He has heard nothing derogatory about the
current judge. He stated that he is not in a position to make that judgment.
He suggested leaving the process as it is for now, but feels the circumstances
could be changed.
Mr. Obie stated that Ms. Miller has been working on this very hard and there is
sufficient variance of opinion to warrant another subcommittee. He is not com-
fortable with the bar poll. He has a concern that this would become a popu-
larity poll. He believes Ms. Miller's review and her arguments are good. He
asked if others in the judicial system could be included for the review process.
He would prefer that the current contract be renewed and work be done on the
ordinance. According to what he has heard, these concerns are not being done in
criticism of the current job being done; but if they are, that should be brought
up as well.
Ms. Wooten stated this is not a reflection on the current judge, but she does
e agree with Ms. Miller and will not support renewal of the contract until this is
done. Ms. Schue indicated agreement, and said it could be accomplished within a
month. The council is talking about a system, not a person. She would support
this being done before consideration of renewal of the contract. Ms. Miller has
been working on this for over a year. She would like to see the item brought
back after review. Ms. Miller indicated agreement that it could be done in a
month. Last year's contract was not signed until December. Mr. Haws noted
that previously, there was a judicial committee consisting of Mr. Haws, Mr.
Hamel, lawyers, and citizens.
Keith Martin, City Attorney, stated that the contract would remain in effect
until it is changed. Ms. Smith noted it would be helpful to have an attorney
from the outside on the committee. Mr. Haws indicated he would be willing to
let Ms. Miller serve in his place this time. Mr. Gleason stated he is not sure
that citizens should be on the committee.
Mayor Keller suggested that a subcommittee consisting of himself, Ms. Miller,
and Mr. Obie be formed. He would like to bring this item back in four weeks.
Council agreed.
v. CALLING A SPECIAL ELECTION FOR SEPTEMBER 15, 1981 (memos distributed)
Mr. Gleason introduced Warren Wong, Management Services.
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MINUTES--Eugene City Council July 29, 1981 Page 9
Mr. Wong stated that Resolution No. 3562 would refer Measure 51 to the voters of
e Eugene authorizing the City to levy an excess of 1981-82 charter tax limit
general property taxes of $1,161,464 for 1981-82, and Resolution No. 3563 would
refer Measure 52 to the legal voters authorizing the levying of a property tax
of $652,273 for acquisition of Gillespie Butte.
Res. No. 3562--A resolution referring Measure No. 51 to the legal voters
of the City of Eugene authorizing the City to levy in
excess of 1981-82 charter tax limit general property taxes
of $1,161,464 for 1981-82.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
Res. No. 3563--A resolution referring Measure No. 52 to the legal voters
of the City of Eugene authorizing the levying of a property
tax of $652,273 for acquisition of the Gillespie Butte
property.
Ms. Miller moved, seconded by Mr. Obie, to adopt the resolution.
Roll call vote; motion carried unanimously.
CB 2346--An ordinance ordering a special election to be conducted by
the Lane County Election Department on the 15th day of September,
1981, for the purpose of submitting to the legal electors of
the City of Eugene two measures authorizing property tax levies
outside the 1981-82 charter limit for general City operations
e and capital projects during FY 1981-82: (1) $1,161,464 for
general operations and capital projects; and (2) $652,273 for
transfer to park use of the Gillespie Butte property held by
the Eugene Water & Electric Board; adopting polling places
and providing for all acts necessary for the carrying on of
said election; and declaring an emergency.
Ms. Miller moved, seconded by Mr. Obie, 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; motion carried unanimously.
Council Bill 2346 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18847.
VI. AMENDMENT TO LIMOUSINE ORDINANCE (memo, ordinance distributed)
CB 2345--An ordinance concerning limousine drivers; amending Section
3.010 of the Eugene Code, 1971; and declaring an emergency.
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MINUTES--Eugene City Council July 29, 1981 Page 10
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Ms. Miller moved, seconded by Mr. Obie, that the bill be read the
second time by council bill number only, with unanimous consent
e of the council, and that enactment be considered at this time.
Roll call vote; motion carried unanimously.
Council Bill 2345 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18846.
VII. ORDINANCE RELATING TO MINOR LIQUOR/MARIJUANA POSSESSION (memo, ordinance
distributed)
Mr. Gleason introduced Jim Packard, Chief of Police.
Chief Packard stated that concern has been expressed about an introduction of
new laws and that is not the case with this ordinance. This is just an economic
and administrative change for the benefit of the City. These are laws already
enforced by the Eugene Police Department. Due to District Court's difficulty in
scheduling, officers have had to appear on their days off, which has caused
problems for staff in calculating days off, as well as causing budget problems.
Sometimes, violations have been split between Municipal and District courts.
Now, all the money on these violations is paid to District Court with about 50
percent of the money coming back to the City, but staff is not sure the City is
receiving accurate revenues. The attempt is to save the City some money. This
e would increase revenues to the City from the fines imposed, reduce the frequency
of times an officer is required to cite a person into both Municipal and
District courts resulting from the same arrest, and reduce the amount of police
overtime because of better coordination and scheduling of Municipal Court. This
would not prohibit any behavior that is not already prohibited by State law; it
would merely enable the Police Department to cite violators into Municipal Court
rather than into District Court.
Mr. Hamel asked for clarification in the ordinance as to whether possession of
marijuana laws would affect only those under 21. Mr. Packard stated that the
minor in possession of alcohol laws would affect only those under 21, but the
possession of marijuana laws would affect everyone.
Ms. Miller stated that she would not vote for this ordinance if it were for
activities not already prohibited by State law. This does not change the
activities of the Police Department, just which court the violators go to. If
the statutes are changed by the State legislature, then the City should follow
suit. Chief Packard stated that that is the intent. There is already a City
ordinance dealing with minors in possession of alcohol.
CB 2347--An ordinance concerning possession of liquor by persons under
21 years of age and the use or possession of less than one
ounce of marijuana; amending Sections 4.115 and 4.990 of the
Eugene Code, 1971; adding a new Section 4.240 to that code; and
declaring an emergency.
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MINUTES--Eugene City Council July 29, 1981 Page 11
_ r c:;p .
Ms. Miller moved, seconded by Mr. Obie, that the bill be read the
second time by council bill number only, with unanimous consent
e of the council, and that enactment be considered at this time.
Roll call vote; motion carried unanimously.
Council Bill 2347 was read the second time by council bill number only.
Ms. Miller moved, seconded by Mr. Obie, that the bill be approved
and given final passage. Roll call vote; all councilors present
voting aye, the bill was declared passed and numbered 18848.
Mayor Keller noted that at 7:30 p.m., August 6, the judicial committee will
meet and clarification of the assessment process with the council is following
this meeting.
The meeting was adjourned.
Respectfully submitted,
Micheal D.. Gleason
City Manager
- (Recorded by Lynda Nelson)
MDG:LN:db/CM26b1
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