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AGENDA (continued) ACTION TAKEN (continued) Pm1 PUBLIC HEARING (continued) PUBLIC HEARING (continued) were Item No. 3 (continued) review and comment occurred on June 26, 1981 and their 90-day review period ended on September 24, 1981, written comments from the State have not been received to date, so that it is not possible for the City to meet the deadline of October 1, 1981 for adoption of a revised Housing Element. In addition, there is a Government Code requirement that the Element contain estimate of the City's share of the regional housing need, and ABAG is in process of preparing those figures which will not be available until at least November 19. He agreed with the recommendation of the Planning Director that the Council, after review of the document, adopt the Element with the proviso that it would be reviewed again at such time as the ABAG information becomes available. Discussion by Council followed regarding the need for more time to review the draft, and request that documents of this size be transmitted to Council enough in advance to allow time for study. City Manager Fales commented on the fact that as a general rule, a sincere effort is made to furnish Council with lengthy reports well in advance; however, in this particular case, the report was held over to allow time to receive comments from the State. In other cases, it has been the practice and it is the intent of staff to simply give Council a report and recommendation formally with no intention of %m i asking Council to consider it and take action at that time. As examples, he mentioned the annual budget, and the forthcoming grading ordinance. Planning Director Schroeter added that in this case, the timing and strategy were based on the fact that the City is vulnerable because it has no Housing Element that meets the guidelines or State law at this moment. They had expected to receive the comments from HUD in time to make any necessary revisions in time to meet the deadline, and bring the complete finished document to Council. He stated that State law contains language which makes it easy to bring an action against the City if it does not have an adequate Element. He indicated he is not aware of anyone interested in doing so at this time, but that by presenting the matter to Council, and advertising the public hearing so as to provide anyone interested to have an opportunity to comment, Council would have the benefit of those comments, and the time required to adopt the Element could be shortened. M/S: Leipzig/Stangel to continue the public hearing on amendment of the Housing Element until November 2, 1981. "'" Carried unanimously by voice vote. MINUTE ORDER NO. 81-165 %wall • Reg.Mtg. • 10/12/81 Page 5 d?1,2.