CCMIN072010 - Laserfiche WebLink

and provide comment on the document, after which the City has ninety days to adopt the Amended Housing Element. Mr. Bocian stated the tentative agreement does serve to retain local control over both the Housing Element and its process, however the City has agreed to partake in the following actions throughout the process: 1) the City will discuss with non - profit developers those terms — and conditions of the Housing Element that benefit and promote affordable housing; 2) the City will identify sites which it believes are most competitive to receiving lower income housing tax credits and go through the process of ranking each site; and 3) the City will adopt goals and programs promoting affordable housing for families, including one or more programs to attract non - profit affordable housing development. In addition, the City will release a Draft Site Inventory for public comment within 180 days of the settlement date and will adopt all rezonings required to meet RHNA requirements prior to adoption of the Housing Element. Mr. Fialho noted that the current decertified Housing Element has a number of the provisions outlined by Mr. Bocian, but they are not necessarily well grouped or articulated. Councilmember McGovern asked if releasing the inventory to the public would limit the developer to that type of development on the site. Mr. Lowell explained the action is simply to identify the site, which does not mean the site has to be developed for that purpose. Mr. Bocian stated staff anticipates working through a parallel process that will include amendments to the GMO to ensure that adequate growth management measures are in place. He also noted the Council's approval of the Consent Calendar approved a contract for preparation of a Climate Action Plan (CAP), which includes a series of tasks related to completing the Environmental Impact Report (EIR) for the Housing Element. Staff anticipates making a recommendation relative to professional services to complete the Housing Element at the Council's September 7, 2010 meeting. He discussed the CAP further, stating it addresses the Attorney General's 2009 lawsuit that the General Plan's EIR related to greenhouse gas impacts was inadequate. To address the issue, the City has agreed to complete a CAP within — eighteen months of the settlement date. Relative to discrimination claims, the Council is being asked to adopt a resolution that sets forth a non - discrimination statement and requires the City to study and consider adoption of goals and programs promoting affordable non - profit housing development for families, as well as special needs households. Mr. Bocian said the particular concern here is to ensure that throughout the Housing Element process, the City looks very closely at the ability to provide adequate housing for a spectrum of lower income groups. Mr. Bocian reiterated that the Council has heard a number of requests to fully resolve these matters and end litigation. He reviewed the No Additional Litigation section of the agreement, under which the parties agree to dismiss the outstanding matters and not pursue additional litigation regarding the housing cap, Hacienda rezoning, and /or the General Plan. Agreeing to this does not prohibit lawsuits related to other matters in the future. The Tentative Agreement also indicates that the City will have permitting authority restored in full and without limitation of any kind as of the settlement date. Mr. Fialho stated that in the interim, staff is working to develop parameters that allow the City to approve permits within existing structures. Mr. Bocian discussed attorney fees, stating the City has agreed to pay $995,000 within thirty days of the settlement date and an additional $995,000 no later than thirty days from July 1, 2011. Staff expects that a recommendation on the appropriation of these funds will be included in the Settlement Agreement agenda report and anticipates using the City's Self- Insured — City Council Minutes Page 8 of 12 July R0, 2010