pages: CityCouncil/2020-04-07.pdf, 16
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CityCouncil | 2020-04-07 | 16 | The Planning, Building and Transportation Director stated the way State law is written, a developer may request, and the City can approve, a waiver of any development standard that precludes the additional units whether adopted by ordinance, resolution or initiative; State law is specific. Councilmember Daysog stated the waiver requested from the developer goes around the third part of Measure A; Charter cities have some leeway that General Law cities do not with regard to initiatives; inquired the protections given by Charter cities with reference to initiatives. The City Attorney responded Charter cities have the Home Rule Doctrine: Charter cities have the right to regulate municipal affairs, notwithstanding State law to the contrary; State law is clear on the issue of housing; the loss of affordable housing and the production of affordable housing is a Statewide concern; courts have upheld the findings many times; staff believes the legal fight would be difficult; should Council direct staff to take legal action, staff would comply; however, it is not the recommendation; Charter cities do not have home rule authority. Stated that he is available to address questions or comments from Council; that he is looking forward to moving the project forward: Robert McGillis, Boatworks. Expressed support for moving the project forward: urged Council not to take action on a portion of the density bonus waiver: Shona Armstrong, Boatworks. The City Attorney stated Ms. Armstrong is requesting Council to delay action on the waiver on universal design, which is consistent with the Planning, Building and Transportation Director's request; the action is premature at this time; the Planning, Building and Transportation Director will be working with the project applicant to go to the Disability Commission first; the waiver may return to the Council at a later date. Expressed gratitude for meeting under unprecedented conditions; noted the Planning Board has recommended approval of the project; stated that she is available to help: Nicoley Collins, Boatworks Vice Mayor Knox White expressed support for the project; stated staff has a chance to work out details with Boatworks; the item will come back for a second reading. Councilmember Oddie stated that he agrees with comments made by the Planning, Building and Transportation Director; noted the City Manager and the Planning, Building and Transportation Director have been instrumental in reaching this point; stated the item is being discussed at a strange time in history; expressed support for the item. Mayor Ezzy Ashcraft stated that she agrees with Vice Mayor Knox White and Councilmembers Oddie and Vella; only items of crucial importance are being considered; providing more housing is of crucial importance; noted that she served on Regular Meeting Alameda City Council 14 April 7, 2020 | CityCouncil/2020-04-07.pdf |