Item 2A: Approval of City Council Minutes

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Councilor Bettman, seconded by Councilor Taylor, moved to amend Eugene Code Section 2.981(2)(b) to read as follows: An election on legislation referred to the electors by petition shall be held on the next available election date under State law that is not sooner than the th 90 day after certification and acceptance of the referendum petition under Section 2.979, unless the council refers the measures to a later election date at which there are other meas- ures or candidates on the ballot. Responding to a question from Mayor Piercy about the effect of the amendment, Mr. Lidz said the primary effect of the amendment to the motion would be to remove the option of holding an earlier election. It would also remove the option already contained in the code as it also affected the last sentence in subsection (2)(b), which stated special elections could not be held earlier than 66 days after certification and acceptance of the petition. . Councilor Bettman believed that the problem with giving the council the added discretion created by the ordinance was that if members of the community decided to challenge an ordinance and went through the rigor of securing the needed signatures, the clock started ticking when they handed in the signatures and they had yet to see the ballot title, which they might wish to challenge. Councilor Bettman perceived the ordinance as tightening the timeline to an unreasonable degree. She pointed out the council did not ask for the amendment and it came from staff. She said if the council wanted economy, this gave it the opportunity to place a measure on a ballot with other issues on it. If the council wanted to expedite a measure, the council could refer such a measure. She perceived the section as unfair and thought it made sense to attempt to amend the ordinance to achieve the economy without creating a grossly unfair situation for the commu- nity. City Recorder Mary Feldman, City Elections Officer, said the ballot title for a referendum petition was prepared within five days of the petitioners filing the initial petition, not when they turned in the signatures. She was required to file the prospective petition before the signature gathering occurred. Councilor Bettman said that made sense, but the residents still had to go through hoops because of the exacting restrictions. Responding to a question from Mayor Piercy, Ms. Feldman reviewed the process timelines. Mr. Lidz said neither the ordinance nor Councilor Bettman’s amendment affected the signature gathering process as it addressed the timing of a referendum. Councilor Bettman suggested the complexity of the issue justified a work session. The existing ordinance provided that a special election may not be held earlier than 66 days after certification. Councilor Bettman thought the referendum process sufficiently challenging and said the City should not make it harder. . Councilor Zelenka agreed that the council should have had a work session on the issue. However, he was not convinced having more flexibility to vote earlier had much of an impact. He said the practice the City used to count the signatures for the gas tax was a long-held City practice changed by a judge, and only then did the petroleum operators have enough signatures to challenge the ordinance. He considered the council was fixing a technical error. Speaking to the economy issue, Councilor Zelenka said that the ordinance gave the council an opportunity to save money by avoiding a one-issue election. MINUTES—Eugene City Council September 24, 2007 Page 7 Regular Meeting