04/27/1988 Meeting - Laserfiche WebLink

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e Mr. Gleason said he is cautiously optimistic about the City winning the case. He said it is a difficult issue to predict because any decision in favor of the City will likely be appealed. He suggested the council proceed with publishing the entire Votersl Pamphlet because it would be worse for voters to not have anything to read if the question is allowed on the ballot. Ms. Wooten asked what advice Mr. Sercombe would offer about the first question if Judge Hargreaves rules against the City. Mr. Sercombe said there is no legal precedent in this area. He said Qne option is to remove the first question. He said he believes the City has home rule power to cancel the election. He said he is not certain, however, whether that is a practical or viable legal option. Mr. Sercombe suggested the council consider making a decision soon about how it wants to proceed: Mr. Bennett asked for more clarification about the ballot process. Mr. Gleason said the City would be placed in an awkward situation if the ballots are counted and the City refuses to recognize the vote. Mr. Bennett asked if the City can legally refuse to count the ballots. Mr. Sercombe said his opinion is that this is a municipal election which the council has the power to control under local law. He said no legal precedent exists for what a reasonable timetable is for taking a measure off a ballot. In addition, he said it is unclear what practical benefit the City will gain if it does cancel the election. e Ms. Wooten said she is concerned about the issue. She said she is willing to exercise the City's home rule power to cancel the election because the two advisory questions were intended to be voted on as a package. Mr. Bennett concurred with Ms. Wooten1s position. Ms. Schue said the council appears to want both questions on the ballot at the same time. If that cannot occur, the council should wait until that is possible. Mr. Sercombe said the council will need to pass a resolution to cancel the election. E. Urban Forestry Report Ms. Bascom said the Urban Forestry Report is scheduled for presentation to the council May 9. F. Public Right-of-Way Violation Ms. Bascom said she was displeased to find that her complaint about lawn signs in public rights-of-way while coming into the City from the airport has not been addressed. As a candidate, she said she appreciates the difficulty of finding suitable locatior.s for lawn signs. However, she said placing them in the public right-of-way is a violation of the City Sign Code. G. Budget Subcommittee Process Mr. Bennett said Subcommittee B, at a meeting he was unable to attend, choose e MINUTES--Eugene City Council April 27, 1988 Page 3