CC Minutes - 05/19/99 WS - Laserfiche WebLink

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Mr. Meisner moved, seconded by Ms. Nathanson, to direct the City Manager to support the interveners' request for Supreme Court review if they file one. Mr. Johnson said he had also asked the attorneys about the chances of success and cost of seeking Supreme Court review. He believed that, on the basis of their responses, the expense was too great, the chances of review were too Iow, and there were alternatives to the current fee basis. Mr. Klein estimated that the legal costs to the City, if the Supreme Court accepted the case, were likely to be about $20,000. Mr. Kelly said that he wanted to ensure the City's response was predicated on the response of the interveners. He asked why the cost would be so high if the City joined the interveners. Mr. Klein said that the motion was intended to reflect the minimal cost to the City of seeing if the court would accept the case. If the court accepted the case, he would recommend that the City play a full role with the interveners in developing briefs on the matter. Mr. Johnson indicated that he would not have made his recommendation if he had been aware of the costs involved. Mr. Meisner withdrew his motion, and Mr. Kelly withdrew his second. Mr. Meisner moved, seconded by Ms. Nathanson, that the City not request Supreme Court review of the Court of Appeals' decision. Mr. Meisner supported the motion. He said while he wished that the City could get the courts to review the decision, he did not think it would be successful in seeking reconsideration. He said that interveners may elect to file a petition for review, and if that petition was accepted the council may want to offer financial assistance. Ms. Taylor asked if the council could decide to request a review of the court decision at a later time. Mr. Lidz said no; that after the Court of Appeals reached a decision on the reconsideration, the 35-day appeal process period would begin. Roll call vote; the motion passed, 6:1; Ms. Taylor voting no, and Mr. Pap~ having left the meeting. Mr. Meisner moved, seconded by Ms. Nathanson, that the council request the Toxics Board to consider a full range of options related to the invalidation of the fee structure, including but not limited to alternative fee structures or other revenue sources and referral of amendments to the charter amendment to the voters. Mr. Kelly asked that staff return to the council for input if the interveners decided to petition the Supreme Court. Mr. Fart supported the motion because the voters had indicated their support for Eugene's right- to-know law. MINUTES--Eugene City Council May 19, 1999 Page 8 5:30 p.m.