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MINUTES OF THE CONTINUED MEETING OF THE CITY COUNCIL August 7, 1996 1, CALL TO ORDER Mayor Ben Tarver called the Regular Meeting of the City Council to order at 7:35 p.m. Mr. Pico led the assembly in the pledge of allegiance. 2, ROLL CALL City Clerk Peggy L. Ezidro called the roll, which is recorded as follows: Councilmembers present were Becky Dennis, Sharrell Michelotti, Karin Mohr, Thomas P. Pico, Jr. and Mayor Ben Tarver. Staff members present were: Deborah Acosta, City Manager; Michael H. Roush, City Attorney; Brian W. Swift, Director of Planning and Community Development; Randall A. Lum, Director of Public Works. 3. CONSIDERATION OF A RESOLUTION PLACING GENERAL PLAN AMENDMENTS ON THE NOVEMBER 5, 1996 BALLOT Mr. Pico asked Mr. Roush to review the facts of the General Plan litigation that has occurred in other counties as mentioned by members of the audience. Mr. Roush indicated that Mr. Weinberger and his firm have been tracking the initiatives statewide and have been involved in some of the litigation. He asked Mr. Weinberger to respond to the comments regarding the Napa, Monterey and Stanislaus County initiatives. Mark Weinberger, Attomey at Law, referred to the challenges to measures, adopted either by initiative or by Council action, that concern urban growth boundaries or otherwise designate properties for a certain use until the voters change the uses in the future. There have been a variety of cases over the years regarding the validity of citizen initiatives, including in the land use context. The most recent challenge to land use initiatives was the Napa County initiative which would require the agriculturally designated properties to remain in the same designation for a 20-30 year period. The measure was challenged by property owner interests who alleged that the initiative would tie the hands of future Boards of Supervisors to change land 08/07/96 -1-