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-If Measure A were challenged in court as to its validity and lost, Measure B would go into effect. -If both measures are challenged and thrown out in court, the referendum process and proposal of new initiatives would begin again. Having measures thrown out, and/or voted down, does not mean an end to further initiatives measures in the same area. The City Attorney stated the development process goes on irrespective of what measure is approved by the voters and to understand that, irrespective of what goes up for a vote that the right of the public to litigate issues does not go away. It is always there irrespective of the Charter provisions. The Charter provision that would go into effect would be yet another basis for litigation. It does not replace what already exists on the books. IYs just one more level of litigation to go through. The Vice Mayor asked for clearer language in the initiative in making sure the public would not be led to a false perception that the development in the Cargill lands was a forgone conclusion. Mr. Willis took this under consideration. The Mayor suggested they move ahead and allow the City Attorney and his staff to take the countermeasure back, make the modifications and return to Council at the next meeting. Council Members spoke to bringing it back with the suggested changes, and hopefully have all of this in a document that could be made available to the public at the next meeting. Council stressed the importance of being careful with all the modifications in not making any fundamental changes that would lead to unintended consequences in the countermeasure. There was also discussion on whether or not they should even place a countermeasure on the ballot, in that they could just let the initiative go to ballot for pass or fail, and then go from there. Several on Council wanted to, at the very least, vote on putting the initiative on the ballot during the current meeting, and then continuing to work on their countermeasure. Discussion continued, on how to proceed, and the Mayor spoke as to how they would proceed, based on how Council had weighed in. They would not be making a Motion of Intent to place the initiative on the ballot at the current meeting. The City Attorney would bring back the modifications to the countermeasure at the next meeting at which point they will be voting to put the initiative on the ballot and also decide whether they would carry on with the countermeasure. The City Attorney stressed the short turnaround time before they would be returning with the modified countermeasure, in that it may not be available for the public until the night of the meeting, rather than the Thursday before. The City Manager asked anyone in the public who wanted to stay in the loop to check the website as the item would be flagged as soon as it went live on the site, if things went beyond the Thursday prior to the meeting. M/S vice Mayor Howard/Bain to extend the meeting to 11:15 p.m. Motion carried by unanimous voice vote. REGULAR CITY COUNCIL MEETING JULY 28, 2008 MINUTES PAGE 12 MINUTE BOOK NO. 62 Page No. 180