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1977-08-30 Special CC MinutesSPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY AUGUST 30, 1977 The meeting convened at 7:30 p.m. in the Council Chamber of the City Hall with President Corica Presiding. ROLL CALL; The roll was called and Councilmen Beckam, Diament, Sherratt, Tillman and President Corica, (5) were noted present. Absent: None. Receipt of the Notice and Agenda of this Special Meeting had been acknowledged by the Councilmen and was on file. The purpose of the meeting was a work session to discuss the combined land use plan, (CLUP) and action thereon, if desired. `t 1. The Mayor noted this meeting was to be a work session, no public comment would be heard as Element would be scheduled for public hearings before both the Planning Board and the Council at a later date. President Corica stated he was concerned about those portions of CLUP dealing with the Fernside Extension which had been prepared prior to the March 1977, election (Measure E). and had not been amended, references to the 1973 initiative election (Measure A), and that some of those persons working on CLUP were unfamiliar with the City. He stated a majority of the Council was interested in seeing the draft before it went to the printer. He commented the copy received was very difficult to read. Councilman Tillman called attention to page 123 which showed proposed roads and included the Fernside Extension. Planning Director Patterson introduced Elaine Costello, who had prepared the High Street corridor section of the report, and she explained the printed report would be twice the size of the copy the Council had received. She noted the references to Fernside were prepared before the election and indicated those recommendations were based on the technical review of the traffic patterns in the area. She commented the wording of the initiative and results of the election were noted in the report, and it would be the responsibility of the Planning Board and the Council to direct implementation. Mr. Patterson stated CLUP referred to Measure E and how it was stated in the petition and the results of the election. He stated the technical data was not changed by the vote which was overwhelmingly in favor of the extension. He noted the question of policy, implementation and funding were now the concern of the Council. Councilman Diament stated there was no policy decision to make; it had been made. On question from the Mayor, Mr. Patterson explained the proposed 14x17" size was chosen to better illustrate the graphics of the report. President Corica returned to the topic of the Fernside extension, and Measure A and charged the report should not contain recommendations contrary to election results. The Planning Director noted the Fernside portion was a technical analysis and did not oppose the vote of the people. Councilman Tillman stated he did not feel the Council should be taking any position other than informing themselves prior to the public hearings. Councilman Diament noted the guidelines outline what must be done with regard to traffic and asked the City Attorney if these must be followed regardless of public expression. City Attorney Stroud responded the guidelines were not that specific. He stated it was necessary to look at the factual data available and try to project for the future. He concurred that the policy decision had been made and noted the question was one of implementation. President Corica commented on references to Measure A and challenged staff's listing of areas which could be potentially medium density development and charged the staff was interfering with established policy and recommending the question of Measure A be placed on the ballot again. Mr. Patterson responded the staff's approach to Measure A had been to leave it alone. He stated staff was not recommending an amendment to the ordinance, that would be the prerogative of the people if and when they felt it was necessary. He also commented that medium density does not reflect greater density than was presently possible. Mr. Patterson reviewed the history of the proposed Element. He noted the planning had begun in 1974 with the Goals Study which was used as a basis to revise the Land Use Plan. Because of the court case between the Port of Oakland and the City, the Open Space and Circulation elements were included. In July, 1975 the City was allocated funds to revise the Combined Land Use Plan, complete the Housing Element, conduct an Imageability Study and complete various area plans. He stated two associate planners were hired in October to work on the CLUP and area plans, but the court case caused the emphasis to be placed on CLUP. In May, 1976, a sketch draft was completed and reviewed by senior city staff. A second draft incorporating comments was distributed and subsequent meetings were held. A presentation on the Bay Farm Island portion of the plan was prepared and held in February, 1977; the High Street Corridor plan prepared during March. During July & August of this year intensive review culminated in the present document. Councilman Diament questioned why the document had not been reviewed by Council during that time. Mr. Patterson responded the approach taken on all Elements was that staff developed each element and utilized the Goals Study as public input along with several public meetings. City Manager Goss responded the draft completed a year ago was not completed staff work and for that reason was not transmitted. He noted a great deal of the report was technical data and supplied for the purpose of information, in order for the Council to make their decisions following the required public hearings. Following further discussion of Measures E and A, Councilman Diament requested the technical backup data be deleted and a summary of recommendations be presented. Mr. Patterson commented that once the document had been printed and copies distributed to Council, Planning Board and State Clearinghouse, public hearings would be held before the Planning Board and City Council and the document would be before the Council with recommendations of the general public and the Planning Board. He stated the document remains in draft form until the City Council adopts the final report taking all comments and recommendations into consideration and making any changes it feels necessary or desirable. Following adoption of CLUP by the City Council, all nine of the state mandated Elements will be completed for this community, then normally a summary document would be prepared reducing the elements to policy statements. Mr. Goss noted for Council's information that evaluating comments and revisions by Council may create a further delay in terms of completion of CLUP depending on the amount and extend of Council's direction at this time. Following a discussion of the City Attorney's concern, Councilman Diament moved changes to pages 71 -72, 131 (twice), 127, 134 (twice), 135, 136 and 140 be made in concurrance with the City Attorney's recommendations. The motion died for lack of a second. Councilman Beckam questioned if the Council was preempting review, consideration and action by the Planning Board and suggested staff be directed to review these considerations. Mr. Stroud replied the Council would not be preempting the Planning Board. Mr. Goss questioned if the City Attorney was still concerned. Mr. Stroud replied if it was his understanding those items were to be deleted, then he was satisfied. A discussion of the format, opportunity to amend and procedure followed. Further discussion of Measures E and A followed. Mr. Patterson and Mr. Goss pointed out the technical information was provided to raise issues to evaluate situations. Councilman Beckam noted consideration of Measure A was addressed by the Goals Study Task Force for Housing and Physical Planning. Mr. Goss and Mr. Patterson pointed out that staff is not advocating increasing density at all and that maximum density allowable under Measure A is 17.5 per acre depending on style of construction. Disagreement with the interpretations of the report were expressed. President Corica suggested the Council consider a motion on what to do about the City Attorney's concerns, the Fernside Extension and Measure A. Mr. Stroud requested the questions be treated separately. Councilman Sherratt stated he would withdraw from action pertaining to the document as he had been out of town and had not had an opportunity to thoroughly review it, and did not feel he could respond. Councilman Diament moved the references to the Fernside Extension be changed to reflect the vote of the people. There being no response, the President suggested he step down from the chair in order to second the motion. The City Attorney indicated the President could second the motion. The motion was seconded by President Corica. CouncilmanBeckam stated he would abstain from voting on any motion because of the present document's small print and lack of graphics. Councilman Tillman expressed his reasons for voting no because he believed action at this point would circumvent later review. The motion failed to carry on the following roll cal vote. Ayes: Councilman Diament and President Corica, (2). Noes: Councilman Tillman, (1). Absent: None. Abstain Councilmen Beckam and Sherratt, (2). Councilman Diament moved that references to changing Measure A be deleted, from the draft. The motion was seconded by President Corica and failed to carry on the following roll call vote. Ayes: Councilman Diament and President Corica, (2). Noes: Councilman Tillman, (1). Absent: None. Abstain: Councilmen Beckam and Sherratt, (2). On question from Councilman Sherratt, Mr. Patterson responded the document would be printed after these corrections are made, printing would take about one month, the document would be at the State Clearinghouse for 30 days and then a public hearing before the Planning Board could be held; and estimated 75 -90 days prior to public hearings. The manner of printing was discussed. 2. Councilman Sherratt moved the Council retire to executive session to discuss litigation and personnel matters. The motion was seconded by Council- man Diament and carried unanimously on voice vote. 3. At the conclusion of discussion it was determined no action would be taken at this time. ADJOURNMENT: 4. There being no further business to come before the Council, the meeting was adjourned. Respectfully submitted, Deputy City Clerk