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The City Attorney went over the changes made to the countermeasure based on Council's directives and talked about the proposed measure and the attached resolutions which would be submitted to the County, if this was Council's decision at this time. The City Attorney stated the changes were not substantive in nature, and read the specific changes that had been made in findings and purpose in the drafted countermeasure. The Vice Mayor asked for additions to be made regarding minority and majority voting, and the City Attorney reiterated that all of Council's changes and comments would be inserted at Council's direction. Items regarding ferry service and waterway issues were also asked to be inserted. Because of the ongoing discussion of unintended consequences, and the proponenYs position that there were none in the proposed initiative, the Mayor asked for clarification of this. The City Attorney went over the concerns regarding conditional use permits and the property owners whose homes were on designated park lands. He went over the General Plan, zoning and other administrative versus legislative concerns in this area and urged community members to read the initiative for what it is, and not to interpret it in terms of their own personal views. Outside counsel for the City, Attorney Willis, gave additional information on the two-thirds voting legislative action versus administrative acts on the areas now designated as park lands, and gave an example to the Mayor on what may or may not happen, if the initiative passes, with regards to any senior center expansions. The Mayor stressed Council and community members' position that there were unintended consequences in the initiative that need be looked at in order to prevent litigation in the future. Mr. Willis went over the issues of Redwood Shores, dock issues and existing zoning and permits. Council spoke to the Cargill issue, and specifically naming Cargill in its countermeasure. Council stressed that other Charter Amendment would be going on the ballot at some point, and that Council's continued discussions on and/or placement of a countermeasure on the ballot did not change that. Council stressed its countermeasure was being drawn up in place of any shared measure with the proponents of the initiative, since it was obvious that would not be happening. Council discussed whether or not the specific use of Cargill in the countermeasure could be taken out if they found another definition or language for same. Council spoke to changing some language, also, in the area of exceptions in the countermeasure to be applied in the area of privately owned homes or docks, which includes floating homes and public buildings on public property, which would then eliminate ongoing concern over the senior center. Council stressed that the invitation was still out there for the proponents of the initiative to work with Council in the coming weeks in an effort to put a shared measure on the ballot. Council asked for clarification on whether or not warehouses could potentially be built on Cargill property. Mr. Willis agreed that under the current designation in keeping with the conditional use permits, warehouses could be put on Cargill property. Council asked what it would take to redesignate the residential areas that were now listed as parks. Mr. Willis stated that redesignating these lands would not change the bulk of the initiative, since it REGULAR CITY COUNCIL MEETING JULY 28, 2008 MINUTES PAGE 10 MINUTE BOOK NO. 62 Page No. 178