AgdaPkt 2008-12-08 Clsd and Reg pgs 45-54 election of 11-04-2008

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Joe Madley spoke of his concerns regarding Save the Bay and reiterated that there were unintended consequences to the initiative, and he brought up the seven residential properties which are designated as park property, which may at some point in time have been purchased by the County to expand the park areas. He stated this did not happen, and the General Plan would now need to address this, and that some items in the upcoming new General Plan might come up under this two-thirds voting process if it is passed. He urged the community to vote against the charter amendment. Mayor Foust thanked all the speakers. She asked the City Attorney to give his short presentation prior to a Council break and the ensuing Council discussion. The City Attorney stated the staffs countermeasure addressed only the Cargill lands. He cited the previous maps and specifics to the parcels of lands which are identified as Open Space and would be affected by the initiative. He had photographs taken of the affected lands, and in showing the photographs to Council and public, they can all work with a better understanding of the scope of the countermeasure and the proposed initiative measure. He had a member of the planning staff (Saleish Mehra) walk Council and those present through the photographs of the 41 private properties involved, while also giving an overview of these photographs in reference to their placement on the map with also updated GIS maps done by the planning staff. The Mayor stated there were also properties along Redwood Shores that were not depicted in the photographs, due most probably to the logistics of getting these photographs, but this represents 575 waterfront properties. The Vice Mayor asked about the Pacific Shores parcel and if it is one of the parcels that is under consideration in the future as a ferry terminal. The City's planning staff stated this area is not in an area that would be impacted by the ballot initiative. The City Attorney stated that another issue that plays a role, under the proposed initiative measure, is that the San Francisco Bay waters have not been specifically looked into. The Mayor asked for clarification of this issue at a future time. Council took a 15-minute break at 9:30 and resumed at 9:45 p.rn. Council Discussion Council spoke to the letter received on July 15th from the attorneys for Save the Bay, and whether or not this letter posed any reason for changing what has already been proposed in the countermeasure. The City Attorney stated the letter had been discussed and was under analysis but no particular conclusions had been reached. Outside Counsel, Tom Willis, stated the scope of the July 15th letter was to respond to the contentions about the Open Space vote, and it did not address the issue of whether or not the countermeasure could speak to just one parcel of land or not. He stated the Mayor had already asked for further clarification on this aspect. Administrative versus legislative roles and tasks were again discussed. Especially at issue are residential lands and their now designation as park lands and how they are affected by the initiative. The City Attorney stated that the advice in his staff reports had not changed, and to be clear there are uncertainties in the JOINT SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY BOARD MEETING MINUTES JULY 21, 2008 PAGE 9