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THE CITY OF 1 O CITY COUNCIL AGENDA REPORT pL E ASANTON. April 20, 2010 Community Development Planning Division TITLE: PUBLIC MEETING TO PROVIDE INFORMATION TO AND RECEIVE INPUT FROM THE PUBLIC REGARDING THE JUDGE'S ORDER IN Urban Habitat v. City of Pleasanton AND POSSIBLE CITY COUNCIL ACTIONS IN RESPONSE TO IT SUMMARY This item follows up on the April 6, 2010 agenda report (Attachment 1) which provided an overview of the Urban Habitat litigation and the recent Court order, and briefly touched on the options available to the Council. This agenda report provides additional information regarding the origin of the housing cap, an overview of Regional Housing Needs Assessment (RHNA) requirements, an outline of the Housing Element process, a description of the City's growth management ordinance, and a more detailed discussion of the options available to the City. The City Council is seeking public input prior to deciding on a course of action on this matter. RECOMMENDATION This is an informational item to facilitate public input regarding this issue and, as such, no action is anticipated at this meeting. FINANCIAL STATEMENT The City's legal expenses litigating this case since its inception in the fall of 2006 are approximately $500,000. (This reflects only the City's legal expenses paid to its own outside legal counsel. It does not reflect work performed by the City Attorney's Office nor any staff time or resources expended in providing a defense to the City.) Depending on the City's response to the Superior Court's ruling, potential future legal expenses are conservatively estimated to be $250,000. The City will also face claims for Petitioners' and Intervener's legal expenses, which likely will be considerably higher than the City's own legal fees, as two parties are involved. Similarly, should the City pursue further litigation, their future legal costs will be more, and the City could find also itself liable for payment of those fees.