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Mayor Foust stated, out of deference to Mr. Britschgi, that he is a former member of Council and former Mayor of the community. Gita Dev stated the Open Space vote initiative should go on the ballot and she asked for an election date. She opined this was better than further discussion and debate. Council Discussion Council asked City Attorney Yamamoto to make comments and asked for a statement regarding any rype of initiative or vote that would relate to the Cargill Lands only. It was asked of the City Attorney if both issues should be addressed together, or one at a time. The City Attorney suggested taking 7A first since it was an action item, and then fold the discussion into 7B. Vice Mayor Howard stated there needed to be discussion and direction given to staff regarding the election date. The Ciry Attorney stated this would be addressed in the discussion. With regard to the staff report, he stated this was presented within two days of the last Council meeting and contained concepts with regard to counter measures, and that such measures would affect legislative acts if Council chose to ask voters for approval over a particular land use. He stated if any particular measures involved the California Environmental Quality Act (CEQA), there would have to be an environmental review. Council restated the fact that each member of the community, who has come to speak, does so with their specific stand for or against the Open Space Initiative, and Council's job was to discern what is best for the City after hearing all the concerns and suggestions. Council repeated its commitment to protecting open space and stated its desire to come up with a compromise in the current situation. Council stated, whether or not this goes on the ballot, was not something they were going to decide in this moment. They stated they have accepted the petition as having enough signatures, and that when they had the proper language for the resolution, they would then be comfortable in placing this on the ballot. Council welcomed positive and productive comments and discussion and again discouraged the negative and misleading comments. M/S Aguirre/Howard to certify the Charter Amendment Initiative Petition. Motion carried by a unanimous roll call vote. Council did not take action on setting an election date. Council made suggestions to the City Attorney regarding working on language for a possible measure for the November election, as well as making sure that within the development of the Cargill properties is specifically addressed. Council asked for something clear and understandable regarding zoning and other technical issues in order for people to understand what they are voting on. Vice Mayor Howard asked the City Attorney to clarify that Council was legally bound to put this on the ballot. The City Attorney confirmed that there was no option to pull JOINT CITY COUNCIUREDEVELOPMENT AGENCY BOARD JULY 7, 2008 MEETING MINUTES PAGE 7 MINUTE BOOK NO. 62 Page No. 151