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Councilmember McGovern said it is portrayed as though there is only one TOD option within Hacienda Business Park. She thought there were several options and asked how many units were provided in each alternative. Principal Planner Janice Stern said that the General Plan considered three alternatives at the business park: the "preferred alternative" which looked at an allocation of units and totaled approximately 333 units, the TOD alternative which provided 1,271 units, and a dispersed alternative which totaled only about 150 units. Councilmember McGovern referred to the minutes of the Planning Commission as well as the workshop held in 2008 and noted that the TOD alternative was considered to be the extreme. Ms. Stern said it was extreme in that it put the greatest number of units into the business park but emphasized that it did not result in any significantly different impacts in terms of the EIR. Councilmember McGovern said that the public should know that there are three alternatives ranging from 150 to 1,271 units, so that the task force knows there is a wide range to be discussed and that those numbers may be altered as necessary for the benefit of the City. She asked if approval of the Housing Element requires that every policy and program contained within it be addressed prior to certification of the next element. Mr. Roush explained that a Housing Element is designed to be a policy statement, which contains a number of different goals, policies, and programs that are intended to provide guidance to the Council and community in terms of how the housing will be provided. He said there are no mandatory requirements that all programs be implemented at any particular time, but that there is a commitment to carry them out over a period of time. Councilmember McGovern stated that the current Council did not approve the last Housing Element, and questioned if this Council is allowed to change any policies it does not support when considering the next update. Mr. Roush confirmed. Councilmember McGovern said that the community also needs to know that there is the flexibility to make changes there, as well. Referring to the staff report, she noted that it says the PUD major modification planning process will result in an updated vision for Hacienda Business Park, including revised design guidelines for individual parcels and the park as a whole. She asked if the task force is expected to provide design guidelines for the park as a whole. Mr. Dolan confirmed but said it is conditioned and tempered. He explained that the task force will be concentrating on the vacant parcels near the BART station but that some issues will overlap into other portions of the park. Councilmember McGovern said there is no reference to that in the minutes of the joint workshop and she questioned whether that direction was actually provided. She asked staff to clarify, whether or not the Council is being asked to rezone this property due to pending litigation or because the property owners have requested it. Mr. Dolan said that the Council is being asked to consider this rezoning in order to accommodate development that would fulfill state requirements; but that the proposal is specifically before the Council tonight and in advance of other planned dialogue because of litigation. City Council Minutes Page 8 of 25 October 20, 2009